Stewards Network: Special leave with pay
Published by Patrick February 15th, 2008 in Applying the Collective Agreement, Steward's Network Tags: Steward's Network.Another in an ongoing series of handouts, news and information that will be of interest to PSAC stewards …
Special Leave With Pay - Snowstorms/Inclement Weather
Most collective agreements covering PSAC members contain a provision similar, if not identical, to the following:
At its discretion, the employer may grant:
(a) leave with pay when circumstances not directly attributable to the
employee prevent his or her reporting for duty; such leave shall
not be unreasonably withheld;
The following principles outline what we have learned from arbitrators’ decisions on the many grievances on denial of “special leave”. While the above provision can also apply to a variety of other circumstances that prevent an employee’s reporting for work, the following references apply to snow storms and other weather-related conditions. The references represent a sample of arbitrators’ decisions.
1. The main thrust of the provision is to provide for the exceptional treatment of particular employees under certain kinds of circumstances. This is why one speaks of “special leave”. Ultimately, each case must turn on its own particular facts.
2. The first issue to be decided is whether the circumstances preventing the employee from reporting for duty were or were not directly attributable to the employee. The conclusion must be arrived at reasonably on the basis of the information obtained after a due and diligent enquiry by the employer.
Read more, in the ‘Special Leave With Pay - Snowstorms/Inclement weather’ handout (pdf), prepared by the PSAC Education Section. Visit the Steward’s Network pages at the Regional Website.