Policy 2.2.7: Income Protection

Effective Date: January 1, 2003
Revised: June 2009

STATEMENT

The Corporation is committed to provide protection for an employee from loss of earnings when incapacitated for duty due to illness or injury. The Corporation has established plans to maintain full or partial salary in accordance with conditions of the plans that are applicable to the employee.

APPLICATION

The eligibility of an employee for benefits under any of these plans is dependent on the conditions of employment and any optional choices that may have been available to the employee regarding coverage by these plans. This policy applies unless a different policy or application is provided for a Collective Agreement.

DESCRIPTION

Various categories of employees may be eligible for the following plans: Sick Leave, Short-Term Disability (STD), Long-Term Disability (LTD), Special Short-Term Disability (SSTD) and injury leave for accidents on duty which are compensated for under the provisions of Government Employees' Compensation Act.

RESPONSIBILITY

Supervisors are responsible for monitoring and controlling the use by employees of the plans.

The Human Resource department shall interpret this policy, provide data records and assistance where and when necessary.

REFERENCES

  • Government Employees' Compensation Act
  • Sick Leave Plan
  • Short-Term Disability Plan
  • Long-Term Disability Plan
  • Special Short-Term Disability Plan
  • Relevant Collective Agreements

HISTORY

  • Replaces previous Human Resources Policies:
  • Disability Income Protection Plans no. 8.0
  • Sick Leave no. 8.1
  • Short-Term Disability Income Protection Plan no. 8.2
  • Special Short-Term Disability Income Protection Plan no. 8.3
  • Long Term Disability Income Protection Plan no. 8.4


PROCEDURES ON INCOME PROTECTION POLICY 2.2.7

SICK LEAVE PLAN

Sick Leave may be granted by Management to provide protection for an employee from loss of earnings when incapacitated for performing duties due to illness or injury (other than work-related compensated illness or injury). The employee may apply for sick leave with pay against accumulated credits during periods of absence from duty due to illness or injury.

1. Eligibility

a) Employees who were on staff prior to April 1, 1977
b) who opted to remain under the provisions of the "old benefit plans" including sick leave.
c) who opted to join the new benefits plans package effective April 1, 1977 and had unused sick leave credits as of March 31, 1977 which are held in reserve for future use if needed, to supplement benefits available under STD and LTD plans.
d) Temporary employees, who under their conditions of employment, earn sick leave credits.

2. Sick Leave Credits

Sick leave credits are cumulative monthly (at the rate of 1¼ days per month). For purposes of computing credits earned, any calendar month in which the employee is entitled to salary for a minimum of ten (10) working days shall be taken as a full month of service.

3. Advance of Credits

New employees, who during the first three months of service are absent due to illness or injury, may be granted up to five (5) days sick leave with pay as an advance to be charged against future accumulation of credits.

4. Applying for Sick Leave

Employees, who through illness or injury are incapacitated for duty, shall submit at the first opportunity, an application for sick leave on the appropriate form, in which the employee shall state that he/she was unable to perform his duties because of the nature of the illness or injury. When sufficient credits are not available, the employee may be granted absence without pay.

5. Return to Duty

Employees must report to their supervisor immediately upon their return to work following illness or injury.

Before reporting for duty, an employee who has been absent because of serious illness or injury, or because of a contagious disease, must produce evidence of good health, satisfactory to the Corporation, showing that he/she has recovered and is able to resume normal duties. Upon receipt of such evidence, the officer in charge of Human Resources will authorize the employee to return to duty.

6. Medical Examination

The Corporation may require an employee to undergo, at any time, a medical examination or assessment by a medical doctor of its choice, and at its expense. This may be required when it is necessary to establish the state of health of an employee, or as a safeguard for other members of staff, or to determine the cause of excessive absenteeism.

An employee may request in writing that the results of such medical examination be given to the employee's personal physician.

7. Resignation

When an employee has resigned, sick leave may not be granted to extend the

employee's service beyond the effective date of resignation. Accumulated sick leave credits are not paid.

SHORT TERM DISABILITY PLAN

Short-Term Disability (STD) benefits may be granted by Management to protect an employee against loss of salary (excluding overtime) when incapacitated by illness or injury (other than work-related compensated illness or injury) which requires the employee to be absent from duty.

Employees are not entitled to receive more than 100% of their salary should they receive compensation for lost wages through provincial government plans (i.e. for victims of criminal acts and/or auto accidents). STD benefits provided by the Corporation will be adjusted to prevent duplication.

1. Eligibility

The majority of regular and term employees are eligible for benefits under this plan. A small number of employees who are not entitled to STD are entitled to the Sick Leave Plan or benefits under the Special Short Term Disability Plan. Contact your local Human Resource office to confirm individual employee entitlements.

2. Notification

In cases of illness or injury, employees must notify their supervisors in accordance with departmental or location procedures. Procedures contained in collective agreements are to be followed, as applicable. Upon request, employees will produce satisfactory evidence (submitted by a medical practitioner) of their inability to perform their duties. Failure on the employee's part to produce the required evidence may result in absence without pay for all of the period of absence.

3. Benefits

Employees who become disabled due to an illness or accident can receive all or part of their salary for up to 85 working days (or 17 regular workweeks for Term Employees). Benefits depend on the length of continuous service as follows:

Length of Continuous ServiceSalary at 100%Salary at 66 2/3%

STD benefits will increase as the employee's continuous service with the Corporation increases. The benefits increase will take place automatically on the anniversary date of the employee’s being hired on a continuous basis in an employee/employer relationship with the Corporation. Employees who are on STD on their anniversary date are eligible for the automatic increase in benefits.

3 months to 1 year 10 working days 75 working days
1 year to 2 years 20 working days 65 working days
2 years to 3 years 30 working days 55 working days
3 years to 4 years 40 working days 45 working days
4 years to 5 years 50 working days 35 working days
5 years to 6 years 60 working days 25 working days
6 years to 7 years 70 working days 15 working days
7 years or more 85 working days -----------

New employees who are absent from work due to illness or injury during the first three months of service with the Corporation may be granted up to five (5) days of 100% STD benefits. At the end of the three-month period, if the employee is still disabled, he/she would be entitled to benefits, payable at 66 2/3% of salary for the balance of the 85 days remaining.

Employees who do not have enough benefit days at 100% to cover their period of absence from work, have the option of using all or portions of their current annual leave entitlement and/or previously accumulated annual sick leave credits to top up their benefits from 66 2/3% to 100%.

Sick leave credits that Term Employees earned before they became entitled to the short-term disability plan will be held in a reserve until such time as their individual level of entitlement under the STD plan has reached 100% of salary.

Term Employees lose the sick leave credits in their reserve when their pre-determined period of employment ends and there is no extension of employment or new contract effective within 7 calendar days from the termination date of the previous period of employment.

4. Successive disabilities

If, within 30 calendar days of their return to work, employees again become disabled from the same or a related cause, their short term disability benefits resume for the balance of working days remaining to their credit after the first period of absence.

Full benefits are reinstated if the disability is due to the same cause but occurs at least 30 calendar days after their return to work.

In the case of a new and unrelated disability, full benefits are reinstated after one full tour of duty back at work.

5. Medical Examination

The Corporation may require an employee to undergo, at any time, a medical examination by a medical doctor of its choice, and at Corporation expense. This may be required when it is necessary to establish the state of health of an employee, or as a safeguard for other employees, or to determine the cause of excessive absenteeism. Should an employee be required to undergo a medical examination under such circumstances, the employee may request that the results of such medical examination be given to the employee's personal physician.

6. Return to duty

Employees must report to their supervisor immediately upon their return to work following the period of recovery. The employee must produce evidence of good health, satisfactory to the Corporation, showing that he/she poses no medical risk and is able to resume normal duties. Upon receipt of such evidence, Human Resources will authorize the employee to return to duty.

7. Resignation

When an employee resigns from the Corporation, STD benefits will not be utilized to extend the employee's service beyond the effective date of resignation, nor will they be utilized to permit the employee's absence from work for any reason other than illness or injury prior to the effective date of resignation. Cash payment in lieu of STD benefits will not be granted.

8. Responsibilities

Supervisors are responsible for monitoring and controlling the use by employees of STD benefits. They will notify the local Human Resource department when an employee has been absent five (5) consecutive days or more, and will ensure that the required forms are completed and submitted as soon as possible.

The Human Resource department shall interpret this policy, provide data and assistance where and when necessary and maintain records of STD benefits available to each employee.

LONG TERM DISABILITY PLAN

The CBC/Radio-Canada Long Term Disability Plan (LTD) provides income protection to all eligible employees who become disabled as defined in the Plan and are unable to continue to perform the duties of their regular occupation.

1. Eligibility

The majority of regular and term employees are eligible for benefits under this plan. Your local Human Resources office will confirm individual employee entitlements.

2. Benefits

Employees who are disabled after 85 cumulative working days within a 6-month period (or 17 regular work weeks for Term Employees), receive 60% of their basic salary (minimum, 85% of predisability net take home pay considering statutory deductions only) until the earlier of their recovery and attainment of age 65, or death.

For those employees on Long Term Disability prior to February 1, 1997, LTD benefit payments increase by up to 4% every January 1, based on the increase in the Consumer Price Index. For employees who became disabled between February 1, 1997 and June 30, 2002, long-term disability benefit payments increase by up to 2% every January 1 based on the increase in the Consumer Price Index. LTD benefits are not indexed annually for those employees who became disabled on or after July 1, 2002.

No benefits are payable from the long-term Disability Plan for a disability occurring during the first 12 months of plan coverage, if employees were treated or hospitalized for the same condition during the six months before coverage began

3. Definition of Disability

In order to receive long-term disability benefits, employees must be considered “totally disabled” according to the plan definition. That is, for the first 17 weeks of short-term disability and for the next two years, starting from the 18th week of disability, employees must be unable to perform duties that regularly take 60% of their time to complete, or certain tasks that are essential to their own job. Thereafter, they must be unable to perform the duties of any job for which they are or could become reasonably qualified by their education or experience.

4. Successive Disabilities

If employees receive long-term disability benefits, return to work and, within 6 months, are disabled again from the same or a related cause, this disability is considered as a continuation of the first disability, and benefits resume immediately.

If employees recover from a disability for which they have received long-term disability benefits and become disabled again from a different cause, and complete at least one day of continuous service, they are again eligible for short-term disability benefits followed by long-term disability benefits, if necessary.

5. Rehabilitative Employment

Normally, disability benefits ceased when employees return to work. However, if they recover to the extent that they are able to engage in approved rehabilitative employment, the long-term Disability Plan may continue to pay them an income. This income is reduced by 50% of the earnings they receive from rehabilitative employment.

Under a rehabilitative arrangement, their total income is greater than if they did not participate in this program. In no event, however, may the sum of their LTD benefits and earnings from rehabilitative employment exceed 85% of the salary they were receiving when they first became disabled.

Once the employees’ bargaining unit, the insurer, the Corporation and the medical authorities have jointly agreed on a rehabilitative arrangement, the employee is required to participate, otherwise, they cease receiving LTD benefits.

6. Coordination of Benefits

Employees who are eligible to receive disability income from other government or group plans, such as the Canada/Québec Pension Plan (C/QPP) or Injury on Duty Benefits Plan, will have their long-term Disability benefit reduced by 90% of the amount received from the C/QPP for claims approved on November 24, 1999 or after and by 92.5% for claims approved before November 24, 1999 and 100% of the amount received from other plans. Also, the total income received from all sources may not exceed 85% of the salary employees were earning when they became disabled.

7. Cost

Employees enrolled in the LTD Plan will pay the full premium costs of the Plan as determined from time to time, and any LTD benefits received by an employee from this Plan will be non-taxable income in accordance with Federal National Revenue regulations.

8. Premium Waiver

Employees receiving LTD benefits will be exempt from paying those premiums normally required for any insurance plan(s) in which the employee may be participating at the date of disability, as well as employee contributions to the CBC/Radio-Canada Pension Plan, for the period the employee continues to receive LTD benefits.

All such insurance protection will continue in force and the employee will continue to accumulate pensionable service while in receipt of LTD benefits.

9. Salary

When an employee begins to receive LTD benefits, the salary being received on the date LTD benefits begin will be frozen. The employee will not receive any further salary adjustments except for changes in salary scales negotiated with an effective date prior to the date the employee began receiving LTD benefits.

10. Withdrawal from LTD Participation

a) An employee who is actively at work, may withdraw from participation in the LTD Plan and discontinue payment of LTD premiums, when the employee's age plus accumulated sick leave and/or STD benefits are sufficient to guarantee disability income protection to the date on which he/she will retire and begin to receive a pension under the CBC/Radio-Canada Pension Plan.
b) An employee who wants to withdraw from the LTD Plan under this provision must make written application to do so. Such an application, once accepted by the Corporation, is irrevocable.
c) An employee who is disabled, is receiving LTD benefits, and attains an age where his accumulated sick leave credits are sufficient to guarantee disability income protection to normal retirement date, may withdraw from the LTD Plan and elect to proceed on sick leave. The salary to be paid to an employee under these circumstances will be the current salary of the salary step and group which the employee would have progressed to, had LTD not occurred, taking into account scale and anniversary increases where applicable.

11. Sick Leave Credits

Banked Sick-leave credits of employees who were with the Corporation before April 1, 1977 may be used after the 100% salary benefit payable from the short-term Disability Plan has ended, and before the long-term Disability benefits start. Employees may also use these credits to opt out of the long-term Disability Plan when, given their age, their banked sick-leave credits would provide disability income until retirement. Once the Corporation approves this option, it becomes irrevocable. Banked sick-leave credits are paid at the salary step and group which the employee would have progressed to, had LTD not occurred, taking into account scale and anniversary increases where applicable.

SPECIAL SHORT TERM DISABILITY PLAN

The Special Short Term Disability plan (SSTD) provides certain employees with wage protection during periods of incapacity due to illness or injury (other than work-related compensable illness or injury). This plan is designed for those categories of employees who are required to pay Employment Insurance premiums but who, under the conditions of their employment, are not eligible for participation in the CBC’s Short Term and Long Term disability plans.

1. Eligibility

Employees must have insured earnings from employment with the Corporation for at least 13 continuous weeks and would then become eligible on the first of the month following completion of the 13 weeks of continuous employment.

2. Requirement of Recent Employment

The employee is required to have insurable earnings from employment with the Corporation during the calendar week of disability or during the two calendar weeks immediately preceding the week in which the disability occurs.

3. Determination of Benefits

Benefits under the plan are payable for a maximum period of 15 weeks subject to a waiting period of 14 calendar days. This means that benefits are payable on the fifteenth day of continuous disability, or upon expiration of accumulated sick leave credits where applicable, whichever is the later.

Where the employee has 20 or more weeks of insured earnings from the Corporation in the last 52 calendar weeks, the amount of benefit payable will be 66 2/3 per cent of the employee's average insurable earnings from the Corporation during the most recent 20 such weeks.

Where the employee has less than 20 weeks of such insured earnings in the last 52 calendar weeks, the amount of benefit payable will be 66 2/3 per cent of the employee's total insured earnings divided by the number of weeks of insured earnings in the last 52 calendar weeks.

4. Reinstatement of Full Benefits

a) New Disability
The employee must have four weeks of insured earnings from employment with the Corporation since the termination of the claim for temporary income protection.
b) Recurrence of the Same Disability
For a recurrence of the same illness or injury, the employee must have 13 weeks of insured earnings from employment with the Corporation during the most recent 52 calendar weeks and since the termination of the last covered disability.

5. Benefit Limitations

Benefits under the plan are not payable in the following situations:

a) When the employee is not under the care of a licensed physician.
b) When the disability is a result of an occupational illness or injury covered by Workers' Compensation Board or Canada or Quebec Pension Plan Disability benefits.
c) When the disability results from intentionally self-inflicted injuries or disease.
d) When disability results from service in any naval, military or air force.
e) When disability results from riots, wars or willful participation in disorderly conduct.
f) When disability results from injury or disease sustained while committing a criminal offence.
g) When disability results from an employee engaging in an occupation or employment for wage or profit other than with the Corporation.
h) Benefits will not be payable to persons who are on strike or who have been locked out.
i) Benefits will only be paid to the date employment is scheduled to terminate, provided that the disability commenced after the employee was notified of the termination date.

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