The disagreement between the parties was when an employee was required to provide a medical certificate in the event of sick leave.
Corporate policy vs. Canada Labour Code
The corporation’s policy stated (and still states) that a medical certificate must be submitted for sick leave of more than three days.
The association submitted that, under section 239(2) of the Canada Labour Code (CLC), a medical certificate can only be required after a period of absence of five consecutive days (being a federal Crown Corporation, the Canada Labour Code (CLC) applies to CBC/Radio-Canada).
Essentially, the Association’s position was that the Corporation’s policy could not contravene the law, and therefore a medical certificate could not be required for an absence of less than five days.
We therefore had to file a grievance to protect your rights while discussions between the parties took place.
Discussion and settlement
After much discussion, the parties came to an agreement without recourse to a grievance arbitrator. The Corporation agreed to acquiesce to the association’s request and, by the same token, to require a medical certificate only for absences of at least five consecutive days. This was formalized in a letter of agreement signed on January 14, 2025.
Spread the word
If you are reading this press release, please pass the message on to your work colleagues who are APS members.
It’s important to note that this agreement applies to APS members only.