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Members on contract talk rights, entitlements on webinar

Publish date: Friday, February 26, 2021 update

Woman in hijab at a laptop

AMAPCEO members with fixed-term, temporary, or contract status gathered virtually last week for a webinar covering a wide range of topics, including a labour relations update and a review of important entitlements for sick leave, vacation, and leaves of absence.

The webinar featured Vice-President Cynthia Watt and Bay Street District Director Rocco Fasano and AMAPCEO staff Peggy Kitching (Dispute Resolution Officer) and Leah Rowlinson (Labour Relations Specialist).

Highlights from the webinar include:

Current work arrangements extended

The Ontario Public Service (OPS) Employer has paused its gradual return to workplaces plan (GROW) until further notice, and current work arrangements for members in Broader Public Sector (BPS) units have been extended until further notice as well. This means that the vast majority of AMAPCEO members will continue to work remotely. AMAPCEO will continue keep everyone updated.

Learn more on our COVID-19 Updates page »

About 10% of members are on contract, but conversion rates inching upwards

While the number of AMAPCEO members with fixed-term, contract, or temporary status has remained consistent at approximately 10 per cent of the union’s total membership, the union has recently seen higher rates of conversion for these members into permanent positions.

Review of sick credit, vacation, and leave of absence entitlements

The webinar included a quick review of fixed-term, contract, and temporary members’ entitlements between their Collective Agreement and provincial standards.

The Employment Standards Act sets out certain minimum standards for many workers in Ontario. This includes the minimum amount of vacation leave or pay, sick leave, and leave of absence entitlements.

Some sections of the Act do not apply to AMAPCEO members, and your Collective Agreement may give you a better entitlement than what is set out in the Act. Whichever provides you with a greater entitlement is the source that applies.

A summary:

Ontario Public Service (OPS)

 

Sick Credits: Article FXT 5 of your Collective Agreement provides for:

  • 1.25 credits accrued for each full month you are at work, on vacation, or on bereavement or jury/witness leave.

COVID-19 top-up: if you test positive, self-isolate for 14 days, and use sick leave or attendance credits to cover your leave to the extent they are available, you will receive “top up” payments to ensure you maintain the income you would have received based on regular attendance (see the Memorandum of Agreement)

Vacation: Article FXT 4 of your Collective Agreement provides for:

  • 1.25 credits accrued for each full month you are at work, on vacation, or on leave with pay
  • you must have worked for a minimum of six continuous months to be eligible.

Leaves of Absence: under Part XIV of the Employment Standards Act; and

OPS fact sheet for FXT members »
OPS Collective Agreement and fact sheets »

Financial Services Regulatory Authority of Ontario (FSRA)

 

Sick Credits: Article FXT 5 of your Collective Agreement provides for:

  • 1.25 credits accrued for each full month you are at work, on vacation, or on bereavement or jury/witness leave.

Vacation: Article FXT 4 of your Collective Agreement provides for:

  • 1.25 credits accrued for each full month you are at work, on vacation, or on leave with pay
  • you must have worked for a minimum of six continuous months to be eligible.

Leaves of Absence: under Part XIV of the Employment Standards Act; and

Members at FSRA are currently covered by the OPS Collective Agreement.
OPS Collective Agreement and fact sheets »

Ombudsman – Child & Youth Unit (OCY)

 

Sick Credits: Article UC 5 of your Collective Agreement provides for:

  • 1.25 credits accrued for each full month you are at work, on vacation, or on bereavement or jury/witness leave.

Vacation: Article UC 4 of your Collective Agreement provides for:

  • 1.25 credits accrued for each full month you are at work, on vacation, or on leave with pay
  • you must have worked for a minimum of six continuous months to be eligible.

Leaves of Absence: under Part XIV of the Employment Standards Act; and

OCY Collective Agreement and fact sheets »

Ombudsman – French Language Services Unit (OFLS)

Sick Credits: Article FXT 5 of your Collective Agreement provides for:

  • 1.25 credits accrued for each full month you are at work, on vacation, or on bereavement or jury/witness leave.

Vacation: Article FXT 4 of your Collective Agreement provides for:

  • 1.25 credits accrued for each full month you are at work, on vacation, or on leave with pay
  • you must have worked for a minimum of six continuous months to be eligible.

Leaves of Absence: under Part XIV of the Employment Standards Act; and

OFLS Collective Agreement and fact sheets »

Ontario Arts Council (OAC)

Sick Credits: Article 4.2.4 of your Collective Agreement provides for:

  • two paid sick days and two paid personal days after completion of six continuous months, credited on January 1 every year
  • these days cannot be carried over, and have no monetary value if you leave OAC.

COVID-19 top-up: if you test positive, self-isolate for 14 days, and use sick leave or attendance credits to cover your leave to the extent they are available, you will receive “top up” payments to ensure you maintain the income you would have received based on regular attendance.

Vacation: Section 35.2 of the Employment Standards Act provides for:

  • 4% vacation pay to those with less than five years’ employment, and
  • 6% vacation pay to those with five years or more.

Leaves of Absence: under Part XIV of the Employment Standards Act only.

OAC Collective Agreement and fact sheets »

Ontario Health – Quality Unit (OHQ)

Sick Credits: Article FXT 5 of your Collective Agreement provides for:

  • 1.25 credits accrued for each full month you are at work, on vacation, or on bereavement or jury/witness leave.

Vacation: Article FXT 4 of your Collective Agreement provides for:

  • 1.25 credits accrued for each full month you are at work, on vacation, or on leave with pay
  • you must have worked for a minimum of six continuous months to be eligible.

Leaves of Absence: under Part XIV of the Employment Standards Act; and

OHQ Collective Agreement and fact sheets »

Public Health Ontario (PHO)

Sick Credits: Section 50 of the Employment Standards Act provides for:

  • up to three unpaid days per calendar year for absence due to personal illness, injury, or medical emergency
  • you must have worked for a minimum of two weeks to be eligible.

Vacation: Article FXT 3.1 of your Collective Agreement provides for:

  • 14.16% in lieu of statutory holidays (for full-time staff only, not part-time), vacation, and benefits.

Leaves of Absence: under Part XIV of the Employment Standards Act; and

PHO Collective Agreement and fact sheets »

Waypoint Centre for Mental Health Care:

Sick Credits: same as permanent staff; see our fact sheet on the Short-Term Sickness Plan (STSP).

Vacation: same as permanent staff; see Article 30 of your Collective Agreement.

Leaves of Absence: same as permanent staff; see Articles 23 and 24 of your Collective Agreement.

Waypoint Collective Agreement and fact sheets »

More about AMAPCEO and our Members: Established in 1992, AMAPCEO is a bargaining agent that represents 14,000 professional and supervisory public servants, most of whom work directly for the Government of Ontario in every ministry and in a number of agencies, boards and commissions; in 130 communities throughout Ontario and in 12 cities outside Canada. We also represent employees outside the Ontario Public Service in: the Financial Services Regulatory Authority of Ontario; Health Quality Ontario; the Ontario Arts Council; Public Health Ontario; the Waypoint Mental Health Centre in Penetanguishene; and in the former Offices of the Ontario Child Advocate and the French Language Services Commissioner (now part of the Ontario Ombudsman).