Master Agreement Between the Government of the Province of Alberta and the Alberta Union of Provincial Employees
33.01
To obtain illness leave benefits as described in Article 31 the Employer may require that an Employee provide a proper medical certificate or other satisfactory proof of illness. The Employer may also require the Employee to provide satisfactory proof of attendance at a medical, dental, physiotherapy, optical, or such other appointment when time off from work is granted to attend such appointments. Where an Employee is required, pursuant to this Clause, to provide a medical certificate or proof of attendance at an appointment, the Employee shall be advised prior to returning to work.
33.02
To obtain and continue illness leave benefits as described in Article 32 the Employee:
(a)
may be required to provide a proper medical certificate or other satisfactory proof of illness for illness leaves of five (5) work days or fewer, and
(b)
is required to provide such proof of illness for leaves beyond five (5) work days.
33.03
Where the Employee must pay a fee for a proper medical certificate or other satisfactory proof of illness, the Employer shall reimburse the Employee to a maximum of fifty dollars ($50.00), in line with the Alberta Medical Association guidelines.
33.04
While balancing an Employee’s right to privacy, a proper medical certificate or other satisfactory proof of illness should generally include:
a certification by a licensed physician, psychiatrist or midwife that the Employee is unable to attend work for medical reasons;
the dates on which the Employee is unable to attend work due to the medical reason;
(c)
if the illness is continuing, the Employee’s prognosis and estimate as to the earliest date the Employee is expected to return to work and/or next medical assessment date; and
Where appropriate, medical notes should also generally include:
(d)
if the Employee can return to work but with some restrictions or limitations, a statement of those restrictions or limitations;
(e)
whether the illness is anticipated to be temporary, chronic or permanent; and
(f)
whether the Employee is under a treatment plan.
33.05
The Employer may require that an Employee undergo an independent medical examination. The examination or interview shall be at the Employer’s expense and on the Employer’s time, except in the case of Long Term Disability where the LTD Plan shall govern.
33.06
(a)
The Employer may require that an Employee be examined by a Medical Board:
(i)
in the case of prolonged or frequent absence due to illness; or
(ii)
where there is indication of apparent misuse of illness leave; or
(iii)
when it is considered that an Employee is unable to satisfactorily perform the Employee’s duties due to disability or illness; or
(iv)
in cases of inconsistencies between two or more medical assessments.
The report of the Medical Board shall contain conclusions and recommendations relating to any limitation or restrictions concerning the Employee's ability to perform the duties of the Employee’s position and the medical information leading to those conclusions.
The Employer is responsible for the direct medical costs associated with the examination provided for in Sub-Clause 33.06(a).
33.07
Pursuant to Clause 33.06, an Employee shall be entitled to have the Employee’s personal physician or other physician of the Employee’s choice to be a member of the Medical Board or to act as the Employee’s counsel before the Medical Board. Expenses incurred under this Clause shall be paid by the Employer. A copy of the report of the Medical Board shall be sent to the Employee's physician.
33.08
Where an Employee has been examined by a Medical Board and is also applying for LTD benefits, a copy of the medical report shall be considered as part of the Employee's application.
33.09
The Parties agree that Casual and General Illness benefits as provided in Articles 31 and 32 are intended only for the purpose of protecting an Employee from loss of income when the Employee is ill.