|
The PSAC National Capital Region Health and Safety Committee is recommending to NCR Locals who have an interest in Occupational Health and Safety issues to bring forward the following bargaining proposals to their Component for the next round of TBS and other Separate Employers bargaining process.
As you may be aware, the Components are to receive Local bargaining demands; cull the demands and develop a Component position on a package of demands that will be forwarded to the PSAC.
Pregnant or Nursing Employee
In additions to the short term provisions found in the Canada Labour Code, part II, a woman who is pregnant or breastfeeding a child and who furnishes to her employer a certificate attesting that her working conditions may be physically dangerous to her unborn child, or to herself by reason of her pregnancy, or to her breastfeeing child may request to be re-assigned to other duties involving no such danger that she is reasonably capable of performing. The employer shall pay the worker who performs the work he temporarily assigns to her the salary or wages and benefits attaching to the employment she held when her condition appeared and to which she would have been entitled if she had continued to carry on that employment.
Rationale: The current protection arising from the Canada Labour Code, part II is limiting the exercise of this right to a limited time (from the time the worker is aware of her condition to the time she consults her doctor). The proposed language will expand the right of the pregant or nursing employee for the full period of her condition.
Injury-On-Duty Leave
When an employee is unable to work because of:
i. A personal injury received in the performance of his or her duties;
ii. An industrial illness or disease arising out of or in the course of his or her employment;
The employee shall be granted injury-on-duty leave with pay for the period of absence from work authorized by the applicable Workers' Compensation Board following a claim made pursuant to the Government Employees Compensation Act. Should the employee receive loss wages benefits from the Workers' Compensation Board in relation to this claim, he or she will remit the full amount to the Receiver General of Canada.
Rationale: The current language found in most current collective agreements ‘' (…) a period reasonably determined by the Employer (…)'' makes very difficult to win a grievance against Departments that require the Provincial Workers' Compensation Board to pay directly the injured worker who has an accepted claim. The current TBS Policy to grant six (6) months leave is not enough for people with serious injury or disease requiring a prolonged absence. In addition, TBS and many Separate Employers do not respect the TBS Policy and recourses are limited.
The consequence on affected workers is significant as there may be a significant impact on the amount of money (and applicable benefits – insurance, pension, sick leave credits, annual leave credits) received by the worker when paid directly by the Worker's Compensation Board instead of the employer.
|
