SPECIAL LEAVE
WHEN WINTER WEATHER CONDITIONS
PREVENT YOU FROM COMING TO WORK
With the chill of winter in the air and the promise of snow in the forecast, it seems a fitting time to review our rights with regard to special leave.
Article 21.03 of the Collective Agreement provides protection to CUPW members in instances where we are unable to report to work due to circumstances beyond our control. Provided that an employee can demonstrate that they have made a reasonable effort to report for duty, article 21.03 states that special leave shall not be unreasonably withheld.
What is “reasonable?”
It would be reasonable to attempt to dig your car out if it is buried under a heap of snow. If this fails, it would also be reasonable to attempt to use another form of transportation such as bus or taxi to get to work.
However, people are not expected to be superheroes and achieve the impossible in order to make it to work when faced with adverse weather conditions. It would be unreasonable to expect an employee to walk for hours over long distances in the middle of a snowstorm in order to get to work. Use your best judgment to determine what is reasonable, and always make your own health, safety and well-being your first priority.
What if my request for special leave is denied?
Canada Post can not deny your request for special leave without first making a legitimate inquiry into your leave application – in other words, they need to look at the facts and make a decision based upon those facts. By the same token, when we make an application for special leave, we must be prepared to provide information to support our application. Arbitrators have determined that Canada Post is entitled to a certain amount of information from an employee who makes an application for special leave, and special leave can be denied when information to support an application for special leave is not provided.
If you feel that your request for special leave has been unreasonably denied, please talk to a shop steward in your workplace who can assist you in filing a grievance.
How do I make an application for special leave?
Requests for special leave can be made by filling out a leave request form which can be obtained from a supervisor. Please speak to a shop steward or contact the Union Hall if you require more information about special leave.
In Solidarity,
Wendy Lund
Grievance Officer