August 21, 2024
With the B.C. Public Health Officer’s lifting of COVID-19 vaccination orders, CUPE is providing the following guidance to locals on how to address members that were terminated or put on unpaid leave for non-compliance. This guidance is based on the rights of these affected members in the community social services sectoral collective agreements.
This is a unique situation that continues to evolve, so it is important for locals to be in close contact with their national representatives for the most up-to-date information and assistance in ensuring the rights of affected members are protected effectively.
CUPE’s position is that terminated members with outstanding grievances should have been maintained on unpaid leave and thus also treated as an employee returning to work from a general leave without pay, per Article 20.6(b). This requires the employer to place the member “in their former or equivalent position”.
For members terminated with no outstanding grievances, CUPE’s position is that should these members gain re-employment, their service should be bridged in a manner similar to employees who resign for family care reasons, under Article 12.5.
CUPE’s general approach for affected members returning to work from an unpaid leave of absence (unpaid LOA) is that they should be treated as any other employee returning to work from a general leave without pay.
Per Article 20.6(b), the employer must place the member “in their former or equivalent position” regardless of whether the position was backfilled on a temporary or permanent basis. If the former position no longer exists, the member must be placed in an equivalent position. If the former position was permanently posted and the
incumbent is higher in seniority compared to the affected member, the member must be placed in an equivalent position.
CSSEA is recommending employers to issue two-week deadlines for affected members to respond to notices to return to work. CSSEA’s recommendations is non-response to these return-to-work notices will result in termination. This is not based on any terms of the collective agreements. Similarly, CSSEA’s two-month deadline for a member to remain on unpaid leave is arbitrary and has no basis in our collective agreements.
Further, CSSEA is advising employers to inform members to cover the costs of training and other expenses (e.g. criminal record checks) needed to return to work. CUPE’s position is that employers must bear these costs that are typically covered for an employee with ongoing employment.
Locals should be filing individual grievances in a timely manner in consultation with the local’s assigned national representative.
CUPE is ready to provide any assistance locals need in this manner. Please contact your national representative with any questions or concerns.
