Arbitrator Rules That Sick Leave Entitlement Requires Active Work

On February 20, 2018, Arbitrator William Kaplan issued a decision with respect to the entitlement of a teacher to the sick leave and/or short term leave and disability plan when he or she is unable to return to work following a voluntary, unpaid, non-statutory leave of absence because of an intervening illness or injury.

The decision confirms that sick leave benefit is inextricably tied, not to status, but to performance of work.

Sick leave is compensated as follows: the first 11 days at 100 per cent, then the next 120 days at 90 per cent.

The Kaplan decision arose from the central dispute resolution process set out in the School Boards Collective Bargaining Act, 2014, and so will directly impact all 29 Catholic school boards represented by the Ontario Catholic School Trustees' Association ("OCSTA"). The decision is significant to the other 43 school boards in Ontario in affirming that sick pay benefits in the education sector remain a work-based benefit, except