During the COVID-19 pandemic
If you are a regular employee and unable to attend work because of illness or injury, the Short-Term Sickness Plan (STSP) at the Ontario Arts Council provides you with income protection for the first 130 days.
The program is defined in Article 67 of your Collective Agreement. Protections such as the STSP are an important advantage of being a unionized professional.
Collective Agreement Article: 67
First Published: July 10, 2020
Last Updated: November 20, 2020
Eligibility
Regular employees
- Full-time employees are eligible for STSP.
- Part-time employees are eligible for STSP on a pro-rated basis.
Temporary employees
If you are a temporary employee and you need to be out of the office due to illness, please seek the assistance of an AMAPCEO Workplace Representative.
The Short-Term Sickness Plan
Assuming you meet all of the eligibility requirements, you will receive 130 STSP sick days starting on January 1 each year:
- the first six working days of your absence at 100% of your salary; and
- the remaining 124 working days of your absence at 75% of your salary.
New employees will receive their annual allotment of STSP days after they have worked 20 consecutively scheduled working days.
You have the option of using other accumulated credits (such as vacation) to make up the 25% difference in your pay while you are off on STSP.
While on STSP, your health benefits coverage and pension contributions will be maintained as though you were still at work. All deductions and contributions will be made as though you were receiving your regular salary.
Absences continuing past December 31
If you started a sick leave in one calendar year and are unable to return to work until after the start of the next calendar year:
- you will continue to use any remaining STSP days from the previous year until they have been exhausted (as needed); and
- you will receive your new annual allotment of STSP days after you have worked 20 consecutively scheduled working days.
When your Employer can ask for medical information or documentation
Except for extremely limited circumstances, you or your medical practitioner are not required to provide your Employer with the diagnosis of your illness or injury that led to your absence.
Your Employer is permitted to ask for details on a medical condition as it relates to carrying out your job duties, along with information on any work limitations or restrictions which may apply when you return to work.
If you are away for more than five consecutive sick days
- your Employer may request documentation from a legally qualified medical practitioner; and
- during an extended sick leave, your Employer may request periodic certificates from medical practitioners, including a prognosis on when you can return to work and any work restrictions which may apply when you do.
If you are away more than 20 sick days (consecutive or not) in one year
- your Employer may require you to undergo an independent medical assessment (see below).
If your Employer suspects you are abusing STSP:
- they may request medical documentation from a legally qualified medical practitioner, even if your absence is shorter than five consecutive working days. If this is the case, please seek the assistance of an AMAPCEO Workplace Representative.
What should be in your medical documentation
It is often helpful that your medical documentation contain the following:
- the name, address, telephone number, and signature of your medical practitioner;
- the date you were assessed;
- confirmation that you were unable to perform your duties at work due to an injury or illness for the specified period of absence; and
- the start date of your absence, and:
- the end date of your absence; or
- the expected date of your return to work; or
- the date when you will be reassessed.
If your Employer requests an independent medical examination
If you are absent from work for more than 20 days in a calendar year—consecutive or not—the Employer may request you undergo an independent medical assessment (IMA).
Before requesting an IMA, the Employer should have already received medical documentation from your medical practitioner. Your Employer may only request an IMA if that information is insufficient.
If your Employer requests an IMA, please seek the assistance of an AMAPCEO Workplace Representative.
If you have questions or need assistance
Please contact an AMAPCEO Workplace Representative at Ontario Arts Council, and get in touch by email.
Workplace Representatives are trained union members who have volunteered to confidentially assist members like you in the workplace. They should be your first point of contact in seeking information and representation with an issue at work.