Past surgeries not a pattern of sick leave use: Adjudicator

Multiple operations led to sick leave deficit for correctional officer
|Canadian Employment Law Today|Last Updated: 11/13/2013

The Correctional Service of Canada (CSC) unfairly placed an employee who missed time due to surgery on an attendance management program, an adjudicator has ruled.

Russell Kirby was a correctional officer at Springhill Institution, a federal penitentiary in Springhill, N.S. Kirby was first hired in October 2006 and joined Springhill two years later.

Kirby was a bobsledder and had sustained multiple injuries to one of his legs while competing. Before he began working at Springhill in late 2008, he had surgery that required significant recovery and rehabilitation. As a result, he had to take more than 300 hours of sick leave, which CSC granted. The amount of sick leave was more than he had banked, so he followed a CSC policy under the collective agreement that allowed him to borrow sick leave hours yet to be earned. The collective agreement allowed employees to borrow up to 200 sick leave hours in advance.