Sick Leaves and Medical Certificates

Deans/Directors must consult with Human Resources (HR) prior to an employee going on sick leave to ensure that they understand the University’s requirements in this regard, and are therefore able to clearly communicate those requirements to the employee.

Deans/Directors are also strongly encouraged to maintain contact with the employee during their absence. This shows an interest in the employee’s progress and well-being and can make the transition back to work easier.

1. Sick Leave

In the event an employee requires an absence from work for medical reasons, the period of paid absence is based on the earned sick leave entitlement as stated in the respective collective agreement:

BUFA – Article 20.17.1
MGEU – Article 7
IUOE(A) – Clause 20
IUOE(D) – Clause 16
Exempt Staff – Leaves, Page 14 Exempt Staff Handbook

The record of sick leave entitlement for an employee who is a member of MGEU, IUOE or Exempt Staff (excluding Academic Administrators) is kept in HR. All sick time taken must be reported to HR on a Payroll Information/Time Sheet to ensure accurate records are kept. When a faculty member or Academic Administrator takes sick leave for more than five days, it must be reported to HR by the Dean/Director to ensure that accurate records are kept.

This is especially important where the sick leave may extend beyond the one hundred and eighty (180) day waiting period required for long term disability (LTD), in which case, the process of applying for LTD should normally be started about sixty (60) days in advance of the expiry of the one hundred and eighty (180) days to minimize unnecessary delays in the process. HR will keep track of the time frames and will initiate the LTD process at the appropriate time, assuming that we have the appropriate information and records.

If an employee is medically unable to be at work for a period that extends beyond their paid sick entitlement, HR must be kept informed so that they know when to stop the pay and also when to advise the employee of their eligibility to maintain employee benefits during an unpaid leave.

2. Medical Certificate

i)   When an employee is absent from work for medical reasons, and the sick leave period extends to the point that a medical certificate may be provided as stated in the respective collective agreement, the University will require a medical certificate. The medical certificate should be provided no later than the first day of the employee’s return to work, and normally sooner if the absence is anticipated to be for more than five working days. The medical certificate should indicate an expected date of return to work.

The University will only accept a medical certificate from a licensed physician (one who is registered as a legally qualified medical practitioner) or a chiropractor. If an employee produces a medical certificate that is not from a licensed physician or a chiropractor, the employee must be asked for, and required to provide, further medical documentation from a licensed physician or chiropractor as soon as is reasonably practicable.

In instances of extended sick leave, the employee will be required to provide a medical certificate prior to, or as soon as reasonably practicable following, the commencement of the sick leave. An extended sick leave shall be determined by the Director, Human Resources based on the anticipated period of the sick leave as well as the information that is available regarding the reason for the sick leave.

In instances of part-time sick leave, the Dean/Director must consult with HR to discuss the appropriate accommodation that may need to be made based upon our duty to accommodate under the Manitoba Human Rights Code.

Return to Work

ii)   After an extended sick leave the employee may be required to provide a medical certificate from a licensed physician or chiropractor prior to returning to work. This determination will be made by the Dean/Director and the Director, Human Resources prior to the employee returning to work. This medical certificate should state that the employee is fit and able to return to full duties. If the medical certificate indicates the employee may return to work with restrictions/limitations, it should clearly state what those restrictions/limitations are and the period to which they apply. The University will give due consideration to a return to work with restrictions/limitations based upon our duty to accommodate under the Manitoba Human Rights Code. The Dean/Director must consult with HR in the case of a return to work with restrictions/limitations before the employee is allowed to return to work.

3. Additional Medical Information/Consultation

In some instances, the medical information that is provided is insufficient, for any number of reasons. Following consultation with HR, if it is determined that additional medical information is required, HR will advise the Dean/Director of the appropriate course of action to be taken. If contact needs to be made with the physician, HR will seek the appropriate approval from the employee prior to making that contact.