Special Leave tips from your Local
We have all tempted to use sick time instead of Special Leave at times, it’s easier and not often denied. We are not employed by a benevolent employer, and even if someone is dying or when were stuck in 20 feet of snow, the employer has little to no sympathy.
One of the best ways of determining if you will qualify for special leave is by asking yourself this question:
“Would you stay home regardless of the pay?” “Was there no other way of getting to work?” “Is there no one else that could help you?”
IF SO
If payment is not the issue and your family is, this is an excellent case for special leave.
In order to qualify for special leave with pay an employee must demonstrate that the circumstances were beyond his or her control & that they actually prevented him or her from reporting for work.
When assessing whether the employer has unreasonably withheld a request for special leave arbitrators have typically applied a two tier test;
1) Was it possible for the worker to make alternate arrangements?
2) Did a well informed employer take all the information provided by the worker intoconsideration when making the decision as to whether the leave should be granted?
Alternate arrangements don’t require the worker to unnecessarily disrupt the lives of friends or family members or rely on co-workers to exchange shifts. Nor does it require the worker to make use of other contractual leaves such as vacation leave, sick leave or leave without pay.
Alternate arrangements means that the worker attempted to arrange alternatives or reasonably assessed the availability of alternate arrangements in an effort to report for duty or return to duty as soon as possible.
A well informed employer means that the employer should have all available information before making a decision. It also means that applications for leave cannot be denied strictly on the basis of a policy or directive issued by the employer.
Special leave is for any leave not covered in the collective agreement.
Regards,
Ken Heydrich, 2nd Vice Priesident Hamilton Local 548.
