5. As a general rule, a medical certificate would suffice, if necessary, to support an application for sick leave for consideration. However, a medical certificate does not automatically guarantee the right to leave, unless the collective agreement is explicit on this point. As has been seen in many cases, especially those where it is a concerted work, a medical certificate is not a “Sacred Scripture” because its authors are fallible and can be misled. Many collective agreements contain a provision that a statement signed by the worker that he or she has not been able to meet his or her obligations due to illness or injury is sufficient to satisfy the employer, unless the employer has otherwise informed the worker that further evidence or additional information is required. If the employer fails to inform the worker of the need for further information, the employer is obliged to accept the declaration (unless the signed declaration can be proved fraudulent). 2. We should start with the basic premise that the employer has the right to obtain a medical certificate as a precondition for granting sick leave. In most collective agreements, the employer`s right to impose such a requirement is explicit. If a collective agreement remains silent on this point, the employer could successfully argue that its remaining management rights (i.e.
all rights that have not been modified by the language of the collective agreement) allow it to require proof of illness. If a collective agreement stipulates (as some do) that the employer can only require a medical certificate after as many days of absence in a given year, the employer`s right would be limited. 21. Leave for medical and dental appointments of Treasury Board employees falls under the employer`s Leave With Pay Policy. As such, it is not part of the collective agreement and is not a matter that can be challenged in arbitration proceedings. It should be noted that prior to 1971, the collective agreement provided that workers could acquire a bank of special leave credits of up to 25 days that could be used for marriage leave, bereavement leave, leave for the birth of a child and leave “for other reasons” (including illness in the immediate family and medical and dental appointments). When this provision was removed from the collective agreement, the employer indicated that it would continue to allow workers to take appointment leave, which is reflected in the employer`s directive on paid leave. 19. A medical certificate from a physician may be accepted by the employer.
This appears to be the case in practice, with changes in certification and healthcare provision. However, to date, there is no case law requiring an employer, for example, to accept a chiropractic product without a language of support in the collective agreement. .