Effective Date: May 1, 2015
Responsibility: Vice-President, People and Culture
Continuous Service Date: For the purposes of determining Short-Term Disability (STD) benefits, the date an employee commences uninterrupted service with the Corporation (i.e., no break in periods of employment).
Disability: A physical or mental incapacity resulting from illness or injury that limits a person’s physical, psychological and/or social functioning.
Short-term or On-call employee: As defined in the applicable collective agreement.
Short-term Confidential employee: Employee in the Confidential affiliation with less than 13 weeks term employment.
Short-term Management employee: Employee in the Management affiliation with less than 13 weeks term employment.
Term Employee: A temporary or contract employee hired for a pre-determined employment period of 13 weeks or more.
RULES AND PROCEDURES
NOTE: Governing policies and procedures for unionized employees found in the applicable collective agreements apply if they differ from this policy and its related instruments.
Disability benefits include Short-term Disability (STD), Long-term Disability (LTD), Sick Leave and Special Short-term Disability, and protect an employee against loss of salary when unable to perform the duties of his/her regular occupation due to disability (other than workplace injury).
- An employee is not entitled to receive more than 100% of his/her salary while receiving disability benefits.
- The amount of disability benefits paid to an employee is adjusted if he/she receives compensation for lost wages through provincial government plans (e.g., for victims of criminal acts or motor vehicle accidents).
- An employee cannot use disability benefits:
- For an absence from work for any reason other than illness or injury; or
- To extend his/her service beyond his/her end of employment date.
- CBC/Radio-Canada does not issue cash payments in lieu of disability benefits.
- An employee is not eligible to receive disability benefits if:
- He/she is not under the care of a licensed physician;
- He/she is on strike or has been locked out; or
- The disability is the result of:
- Intentionally self-inflicted injury or disease;
- Military service;
- Willful participation in a riot, war or disorderly conduct;
- Injury or disease sustained while committing a criminal offence;
- Engaging in an occupation or employment for wage or profit other than with the Corporation; or
- Surgery or medical treatment for cosmetic purposes not covered by the public health system.
- An employee must notify his/her manager of a disability on the first day of absence.
- In cases of illness and disability of more than 3 consecutive days, or following a series of uncertified medical absences, the employee must, when required, produce satisfactory evidence (certified by a licensed physician) of inability to perform duties using either the medical absence report provided by CBC/Radio-Canada or other satisfactory documentation. The medical absence report must be submitted to CBC/Radio-Canada Disability Management as soon as possible. Any expense related to obtaining this information is at the employee's expense.
- Before an employee returns to work, Disability Management may request, depending on the case, that he/she must produce an official medical certificate, satisfactory to the Corporation, showing that his/her return poses no medical or safety risk to him/herself or to others and he/she is able to resume normal duties.
- The employee must report to his/her manager upon returning to work following the absence.
- The manager must:
- Monitor and control an employee’s use of STD benefits and Sick Leave credits;
- Notify Disability Management as soon as possible when an employee has been absent for more than 3 consecutive days;
- Ensure that the employee provides a medical absence report to Disability Management when absent for more than 3 consecutive days when required; and
- Communicate with the employee and Disability Management throughout the employee’s absence.
I. Short-Term Disability (STD)
For STD purposes, salary includes base salary and eligible additional remuneration; but excludes overtime.
- Permanent and term employees are eligible for STD benefits according to their conditions of employment. (An employee who is not eligible for STD may be entitled to Sick Leave and Special Short-Term Disability benefits.)
- STD benefits automatically increase on the anniversary of the employee’s continuous service date with CBC/Radio-Canada, as per the table below.
- An employee with less than 3 months of continuous service who is absent from work due to disability during the first 3 months of continuous service with the Corporation is entitled to up to 5 days of STD at 100% salary. If the employee is still disabled at the end of the 3 three month period, STD is payable at 66 2/3% for the balance of the 85 remaining days.
- An employee who does not have enough benefit days at 100% salary to cover his/her period of absence from work is entitled to use all or a portion of his/her current annual leave to top up his/her benefits from 66 2/3% to 100%.
Successive Disabilities for STD
- If, within 30 calendar days of returning to work, an employee becomes disabled from the same or a related cause, the STD 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 the employee’s return to work.
- The use of any type of leave does not count as work days for the purposes of re-qualification for STD benefits.
- In the case of a new and unrelated disability, full benefits are reinstated after 1 full shift back at work.
II. Long-Term Disability (LTD)
LTD benefits are issued by an external insurance company who ultimately decides whether or not an employee receives LTD benefits. For LTD purposes, salary includes base salary only.
- The Corporation’s insurer determines eligibility for LTD benefits for the following, after the required waiting period:
- A full-time employee who is disabled for more than 85 working days within a 6-month period; or
- A part-time employee working a minimum of 50% of a full-time position who is disabled for more than 17 regular work weeks within a 6-month period.
- An employee who qualifies for LTD benefits receives 60% of his/her salary until recovery, attainment of age 65 or death, whichever is earlier.
- The total income received from all sources must not exceed 85% of the net take home pay earned before they became disabled.
- An employee who is eligible to receive disability income from other government or group plans, such as the Canada Pension Plan (CPP), Québec Pension Plan (QPP), Injury on Duty Benefits Plan or any other type of plan, will have his/her LTD benefits adjusted accordingly.
- LTD benefits are not payable for a disability that occurs during the first 12 months of Plan coverage if, during the 6 months before coverage began and for the same or a related condition, the employee:
- Took prescription drugs;
- Received medical treatment after consultation with a licensed medical physician, or
- Was hospitalized.
- In order to receive LTD benefits, an employee must be considered totally disabled, as defined by the Corporation’s insurer. That is, for the first 2 years of LTD, the employee must be unable to perform duties that regularly take 60% or more of their time to complete, or certain tasks that are essential to his/her own job. After the 2 years, the employee must be unable to perform the duties of any job for which he/she is, or could become, reasonably qualified by his/her education or experience.
- When an employee begins receiving LTD benefits, his/her salary is frozen on the date the LTD benefits begin. The employee does 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.
- LTD benefits are considered non-taxable as Plan premiums are paid by the employee.
- An employee receiving LTD benefits is exempt from paying the premiums normally required for any group insurance plan(s) in which the employee is enrolled at the date of disability, as well as employee contributions to the CBC Pension Plan (if a member), for the LTD period. All such insurance coverage continues and the employee continues to accumulate pensionable service while receiving LTD benefits.
B) Successive Disabilities for LTD
- If an employee becomes disabled from the same or a related cause within 6 months of returning to work, the disability is considered a continuation of the initial disability with the same benefit resuming immediately.
- If an employee recovers from a disability for which he/she had received LTD benefits and becomes disabled again from a different cause, he/she must complete at least one shift of work to be eligible for STD benefits (followed by LTD benefits, if necessary).
C) Rehabilitative Employment
- Normally, LTD benefits cease when an employee returns to work. However, if an employee recovers to the extent that he/she is able to return to work and engages in a rehabilitative employment arrangement that has been approved by the employee’s bargaining unit (if applicable), the insurer, the Corporation and the employee’s licensed medical physician(s), he/she continues to receive LTD benefits. In such cases, LTD benefits are reduced by 50% of the total earnings the employee receives from the rehabilitative employment arrangement.
- The total of an employee’s LTD benefits and earnings from a rehabilitative employment arrangement must not exceed 85% of the salary they were receiving when STD benefits commenced.
- The insurer ceases paying benefits to an employee who does not participate in the approved rehabilitative employment arrangement.
- As the purpose of the rehabilitation period is to ensure a successful and gradual return to the pre-disability work schedule, the employee is not permitted to take annual leave or work overtime during that period.
D) Withdrawal from Long-Term Disability Plan Participation
An employee who is actively working is permitted to withdraw from participation in LTD and discontinue paying LTD premiums as long as the employee's Banked Sick Leave Credits and/or STD benefits are sufficient to guarantee disability income protection up until the date of retirement and begin to receive a pension under the CBC/Radio-Canada Pension Plan. Once the Corporation accepts the employee’s written application for withdrawal, it cannot be revoked.
III. Sick Leave
Sick Leave is available to Short-term or On-call employees who are entitled to Sick Leave per their collective agreement and to short-term employees in the Management or Confidential affiliations.
- Sick Leave credits are accumulated monthly at the rate of 1.25 days per calendar month.
- An employee must work at least 10 days within a calendar month in order to receive credit for that month.
- Sick Leave credits earned by an employee before he/she became entitled to Short Term Disability (STD) are held in reserve and may be used to increase the number of days at 100% only if the number of days in reserve is greater than the number of STD days at 100% entitled according to the length of continuous service. The Sick Leave credits cannot be used to increase the STD coverage period to more than 85 days.
- Unused Sick Leave credits have no cash value and are therefore forfeited when employment terminates.
IV. Special Short Term Disability Plan (SSTD)
The Special Short Term Disability Plan (SSTD) applies to employees who are not eligible to participate in STD and LTD (as per the conditions of their employment) but who have paid Employment Insurance (EI) premiums.
- An employee who is not eligible for STD and LTD may be eligible for SSTD benefits if:
- The employee has insured earnings from employment with the Corporation for at least 13 continuous weeks, in which case the employee becomes eligible on the first day of the month following completion of the 13 weeks; and
- The employee has insurable earnings from employment with the Corporation during the calendar week of disability or during the two calendar weeks immediately preceding the week during which the disability occurs.
- Benefits are paid on the 15th day of continuous disability for a maximum period of 15 weeks, subject to a waiting period of 14 calendar days during which the employee is entitled to use accumulated Sick Leave credits, if any.
- Benefits are determined as follows:
Number of weeks of insured earnings from CBC/Radio-Canada
in the past 52 weeks
% of earnings payable
Less than 20 weeks 66 2/3% of total earnings divided by the number of weeks of insured earnings in the last 52 calendar weeks 20 weeks or more 66 2/3% of the employee's average insurable earnings from the Corporation during the 20 most recent weeks
- To be eligible for reinstatement of full benefits for a new disability, an employee must have 4 weeks of insured earnings from employment with the Corporation since the termination of his/her previous SSTD claim.
- To be eligible for reinstatement of full benefits for a recurrence of the same illness or injury, an employee must have 13 weeks of insured earnings from employment with the Corporation in the 52 calendar weeks since the termination of the last covered disability.
- Benefits are not extended beyond the employment termination date.
SUBSIDIARY POLICY INSTRUMENTS
- Directive on Banked Sick Leave
All questions pertaining to the application of these Rules and Procedures should be referred to the Shared Services Centre.