Sick Leave Grievance Settled

On October 29, 2004, a Depot 32 Letter Carrier filed a grievance after Canada Post refused to grant him casual sick leave. The circumstances giving rise to the grievance started on September 7th, when the grievor phoned his supervisor to advise that he was unable to attend work because he was sick. In that conversation, the grievor advised that was applying for casual sick leave. Later, his supervisor called back, and told the grievor to provide a medical certificate to support his absence. 

Article 20.06 of the collective agreement allows CUPW members to use up to ten (10) casual sick days per year. Medical certificates are not required in order to obtain casual sick leave. Under Article 20.08, a medical certificate may be required for absences of five (5) days or more. 

Although there was no requirement for this employee to provide a medical certificate, he was unfamiliar with his rights and attempted to comply with his supervisor's directive. To that end, he made an appointment with his doctor and obtained a medical certificate. That certificate was promptly submitted to his supervisor. In a letter dated September 16th, Canada Post advised the grievor that his medical certificate would not be accepted. That letter further stated that another certificate would be required to confirm the grievor's incapacity during the period of his absence. 

In another attempt to comply with his supervisor's request, the grievor made a second appointment with his doctor. During that appointment, another medical certificate was obtained. That certificate confirmed the grievor's incapacity due to illness, and was promptly submitted to Canada Post. However, despite the grievor's attempts to comply with Canada Post's improper requests for a medical certificate, his sick leave was still denied! 

Following a first-level grievance hearing, Canada Post judiciously chose to enter into a memorandum of settlement rather than be embarrassed at arbitration. Under the terms of that memorandum, the grievor received the casual sick leave to which he was entitled. 

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