CRPEG Bulletin (2016 May 20): CIRB settlement on Disability Management

Last year, CRPEG filed a policy grievance against the employer disputing the employer’s interpretation and application of Disability Income Protection Program And Sick Leave Plan – Salaried Employees (RCW 2.39), specifically with how the new Disability Management program was rolled out and managed by Morneau-Shepell. WPEG and WTEG filed similar policy grievances.

With the assistance of a Canada Industrial Relations Board (CIRB) appointed mediator, CRPEG, WPEG and WTEG have met with the employer over the last several months to resolve the dispute.

On 2016 April 21, the parties came to agreement on several issues related to the disability management program. Now that the agreement has been formally documented we can share the results. They are:

  • Revision of the Authorization to Release Medical Information form, specifically:
    • Restricting the disclosure of personal health information to the current absence,
  • Effective 2016 June, 1, the employer agrees to reimburse costs incurred up to $50 for the initial completion of the Attending Health Care Provider form per short term and/or intermediate term sick leave claim. The employee will also be reimbursed a total of $100, minus the payment for the completion of the initial forms, for costs incurred for additional medical information following the completion of the Attending Health Care Provider form;
  • On an exceptional basis, the employer may pay additional costs pertaining to medical evaluation requested by the employer;
  • The employer agrees the Morneau-Shepell Appeal Process will not be presented to or considered mandatory for PIPSC members. This means that members can immediately file a grievance for denial of sick leave, should that be the outcome determined by Morneau-Shepell / CNL;
  • Should PIPSC members ask to access the Morneau-Shepell Appeal Process, their request will not be denied or objected to by PIPSC;
  • The employer agrees not to further amend the forms without consultation with PIPSC;
  • The employer agrees not to amend the Terms and Conditions of RCW-2.39 without written consent of the PIPSC;

The parties continue to dispute:

  • The appropriate timing for providing information on the “nature of illness or injury” in Part 2 of the Health Care Practitioner Form.

The Attending Physician Form and the Authorization to Release Medical Information form are being revised. An announcement regarding these changes is expected in the near future.

In the meantime, we realize these changes may take some time to be effectively communicated through the organization so should you encounter any problems regarding leave and the above changes or any part of the Disability Management Program please contact a steward or the executive. We can’t help if we don’t know there is a problem.