As COVID-19 cases continue to rise across the country, many provinces are implementing some form of lockdown beginning over the Holidays and continuing into January 2021. These lockdowns will close some
schools, and create more demand for childcare.
CUPW would like to remind members that the same protocols for family and childcare leave that were implement during the first lockdown in March 2020 apply during this new lockdown. Members must make a reasonable effort to find childcare, but if you are unable to find childcare, you can apply for special leave. If in CPC’s opinion, you do not qualify, we suggest you contact your union representative as other options may be explored.
CPC also informed CUPW that as of July 1, 2020 when your personal day allotments reset, if you have not found alternate family care, that you will be required to exhaust all personal days as per clause 21.03 of the Urban
collective agreement and clause 19.03 of the RSMC collective agreement. In addition, anyone who has upcoming annual leave booked will not be permitted to displace them, but will be required to use their leave prior to being
put back on special leave.
There is an obligation for anyone on Family Care leave to actively look for alternatives. There is no hard return to work date. CPC must review each situation on a case-by-case basis depending on the availability of childcare/eldercare in your area and your personal situation. CPC has stated they will follow up with individuals on Family Care leave bi-weekly.
If you are unable to find alternate family care, CPC may provide the following options;
A change in work hours (CPC must follow article 14:13 – meaning that the change in work schedule must be in your own assignment and they cannot move you as an example from a day shift to a midnight shift).
CPC may ask if you want to apply for family status accommodation or a flexible work arrangement as per the Canadian Labour Code (there is no obligation and you cannot be forced to apply for these types of
accommodations). If you wish to apply for these arrangements, we recommend you contact your local representatives so they can help you through this process.
If you do not fit the criteria of Special Leave as per 21.03 Urban or 19.03 RSMC, CPC may offer you other leaves on a voluntary basis such as; annual leave, leave without pay, compensatory leave, etc.
Where there are cases in which CPC and CUPW disagree on the recommendation of local management, the parties have agreed to an escalation process as outlined below:
It will be escalated to the regional HR Director and regional CUPW, if there is still no resolution, it will then be escalated to the National Union and National Labour Relations counterparts.
If you require any further information, please contact your local and/or region.