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ARTICLE · 03 MAY 2024

CUPE v. CTA: Understanding The Relationship Between Sick Leave And Disability Benefits

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In a recent central arbitration award, Canadian Union of Public Employees (CUPE-OSBCU) v. Council of Trustees' Associations, 2023 CanLII 122852 (ON LA)...

CanadaEmployment and HR
John-Paul Alexandrowicz
John-Paul Alexandrowicz
Madison Janes
Madison Janes
Callum Hutchinson
Callum Hutchinson
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In a recent central arbitration award, Canadian Union of Public Employees (CUPE-OSBCU) v. Council of Trustees' Associations, 2023 CanLII 122852 (ON LA), Arbitrator John Stout addressed the interaction between short-term and long-term disability benefits in school board collective agreements.1

Key takeaways

  • At the end of the LTD benefits waiting period, employees must move to LTD benefits, even if they have not yet exhausted more generous STD benefits.
  • Absent clear language to the contrary, sick leave, STD, and LTD plans should be viewed as a seamless flow of benefits. Employees are precluded from choosing which benefits they receive once they become eligible for benefits under an LTD plan.

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