Eligibility for sick leave credits, long-term assignment
 1.1 (1) This section applies in respect of an employee who is employed to fill a long-term assignment position. O. Reg. 184/13, s. 3. (2) An employee in group A who is employed by a board to fill a full year long-term assignment position shall be eligible for the following sick leave credits during the board’s fiscal year: 1. 11 days of sick leave paid at a rate of pay equal to 100 per cent of the employee’s salary for the year. 2. 60 days of sick leave paid at a rate of pay equal to 90 per cent of the employee’s salary for the year, if the employee’s entitlement to that sick leave has been determined, i. through the process set out in the collective agreement or employment contract that applied on August 31, 2012 to the class of employees of which the employee is a member, or ii. if such a process is not set out in the employment contract or collective agreement, in accordance with the board’s practice, as it existed on August 31, 2012. O. Reg. 184/13, s. 3. (3) Subject to subsection (8), an employee in group B who is employed by a board to fill a full year long-term assignment position shall be eligible for the following sick leave credits during the board’s fiscal year: 1. 11 days of sick leave paid at a rate of pay equal to 100 per cent of the employee’s salary for the year. 2. 60 days of sick leave paid at a rate of pay equal to, i. 90 per cent of the employee’s salary for the year, if, A. for the purpose of providing proof of the sickness or injury, the employee provides reasonable evidence or medical documentation, or B. in a case where the sickness or injury is of such a nature that the board does not possess the expertise necessary to assess the proof, the employee’s entitlement to that rate has been determined through a third party assessment process, or ii. 66.67 per cent of the employee’s salary for the year, for all other employees. O. Reg. 184/13, s. 3. (4) Subject to subsections (9) and (10), an employee in group C, D or E who is employed by a board to fill a full year long-term assignment position shall be eligible for the following sick leave credits during a board’s fiscal year: 1. 11 days of sick leave paid at a rate of pay equal to 100 per cent of the employee’s salary for the year. 2. 60 days of sick leave paid at a rate of pay equal to, i. 90 per cent of the employee’s salary for the year, if the employee’s entitlement to that rate has been determined through an adjudicative process agreed to by the employee and the board, and, A. the sick leave credit is used on a work day that is one of five or more consecutive work days on which the employee uses sick leave credits, or B. the sick leave credit is used in respect of a repetitive or chronic illness, or ii. 66.67 per cent of the employee’s salary for the year, for all other employees. O. Reg. 184/13, s. 3. (5) An employee in group A who is employed by a board to fill a part year long-term assignment position shall be eligible for the following sick leave credits during the board’s fiscal year: 1. 11 days of sick leave, reduced to reflect the proportion that the employee’s period of employment bears to the ordinary period of employment for the position, paid at a rate of pay equal to 100 per cent of the employee’s salary for the year. 2. 60 days of sick leave, reduced to reflect the proportion that the employee’s period of employment bears to the ordinary period of employment for the position, paid at a rate of pay equal to 90 per cent of the employee’s salary for the year, if the employee’s entitlement to that sick leave has been determined, i. through the process set out in the collective agreement or employment contract that applied on August 31, 2012 to the class of employees of which the employee is a member, or ii. if such a process is not set out in the employment contract or collective agreement, in accordance with the board’s practice, as it existed on August 31, 2012. O. Reg. 184/13, s. 3. (6) Subject to subsection (8), an employee in group B who is employed by a board to fill a part year long-term assignment position shall be eligible for the following sick leave credits during a board’s fiscal year: 1. 11 days of sick leave, reduced to reflect the proportion that the employee’s period of employment bears to the ordinary period of employment for the position, paid at a rate of pay equal to 100 per cent of the employee’s salary for the year. 2. 60 days of sick leave, reduced to reflect the proportion that the employee’s period of employment bears to the ordinary period of employment for the position, paid at a rate of pay equal to, i. 90 per cent of the employee’s salary for the year, if, A. for the purpose of providing proof of the sickness or injury, the employee provides reasonable evidence or medical documentation, or B. in a case where the sickness or injury is of such a nature that the board does not possess the expertise necessary to assess the proof, the employee’s entitlement to that rate has been determined through a third party assessment process, or ii. 66.67 per cent of the employee’s salary for the year, for all other employees. O. Reg. 184/13, s. 3. (7) Subject to subsections (9) and (10), an employee in group C, D or E who is employed by a board to fill a part year long-term assignment position shall be eligible for the following sick leave credits during a board’s fiscal year: 1. 11 days of sick leave, reduced to reflect the proportion that the employee’s period of employment bears to the ordinary period of employment for the position, paid at a rate of pay equal to 100 per cent of the employee’s salary for the year. 2. 60 days of sick leave, reduced to reflect the proportion that the employee’s period of employment bears to the ordinary period of employment for the position, paid at a rate of pay equal to, i. 90 per cent of the employee’s salary for the year, if the employee’s entitlement to that rate has been determined through an adjudicative process agreed to by the employee and the board, and, A. the sick leave credit is used on a work day that is one of five or more consecutive work days on which the employee uses sick leave credits, or B. the sick leave credit is used in respect of a repetitive or chronic illness, or ii. 66.67 per cent of the employee’s salary for the year, for all other employees. O. Reg. 184/13, s. 3. (8) Subsections (3) and (6) apply only to an employee of a board who is in a class of employees that, on August 31, 2012, was eligible to receive sick leave credits, which, for greater certainty, includes employees who became members of that class after August 31, 2012. O. Reg. 184/13, s. 3. (9) If the bargaining agent for a bargaining unit of employees in group C so elects, on or before June 30, 2013, the employees shall be eligible, as of a date specified by the bargaining agent that is no later than September 1, 2013, for the sick leave credits described in subsection (2) or (5), as the case may be, instead of those described in subsection (4) or (7). O. Reg. 184/13, s. 3. (10) If a board so decides, on or before June 30, 2013, all of its employees in group D shall be eligible, as of a date specified by the board that is no later than September 1, 2013, for the sick leave credits described in subsection (2) or (5), as the case may be, instead of those described in subsection (4) or (7). O. Reg. 184/13, s. 3. (11) In making its decision under subsection (10), the board shall consider such factors as the extent to which its other employees are eligible for the sick leave credits described in subsection (2) or (5) and whether providing the sick leave credits described in subsection (2) or (5) would be more cost effective. O. Reg. 184/13, s. 3. (12) Subject to subsection (13), an employee in group C.1 shall be eligible for the sick leave credits described in subsection (4) or (7), as the case may be, during a board’s fiscal year. O. Reg. 275/13, s. 3. (13) If an election is made under subsection (9) in respect of employees in group C, one of the following rules applies to the employees in group C.1: 1. If, as a result of the election, some of the board’s employees in group C are eligible for the sick leave credits described in subsection (2) or (5), as the case may be, and others continue to be eligible for the sick leave credits described in subsection (4) or (7), a bargaining agent for a bargaining unit of employees in group C.1 shall elect, on or before October 31, 2013, whether such employees are to be eligible, as of September 1, 2013, for the sick leave credits described in subsection (2) or (5) or those described in subsection (4) or (7). 2. If, as a result of the election, all of the board’s employees in group C are eligible for the sick leave credits described in subsection (2) or (5), as the case may be, the employees in group C.1 shall, as of September 1, 2013, no longer be eligible for the sick leave credits described in subsection (4) or (7) and shall instead be eligible for the sick leave credits described in subsection (2) or (5). O. Reg. 275/13, s. 3.