“KNOW YOUR RIGHTS!”
March 13th, 2014
RE; SHORT TERM DISABILITY PLAN (STDP)
Sisters & Brothers;
On November 14th, 2013 our office was advised by a written memo from our CUPW, National office that the Union & CPC @ the National Level had agreed to the “Definition of Hospitalization”.
Below is the excerpt from our National Union explaining their reasons for agreeing & the definition of hospitalization, for your review;
Definition of Hospitalization
One of the disputed issues is the definition of hospitalization in the Short Term Disability Plan (STDP).
As you know if a member is hospitalized, under the STDP the member does not have to serve a qualifying period to be covered by the STDP.
Over the past several months, we have had a few members who have had their claim for hospitalization under STDP approved but were required to serve their qualifying period. When questioned, CPC’s response was that the member’s procedure was not “medically necessary” and therefore did not meet the definition of hospitalization. Instead of waiting years to argue the definition at arbitration, the parties have come to the following agreement on the definition of hospitalization.
A member will have a qualifying period of zero (0) days from the date of hospitalization if:
- They are admitted into hospital for any type of procedure, regardless of whether it is “medically necessary”.
- They have day surgery in a hospital for any type of procedure, regardless of whether it is “medically necessary”.
- If they are admitted into a private clinic, provided the procedure is “medically necessary”.
- If they have oral surgery through an oral surgeon or their dentist, provided the procedure is “medically necessary”.
- If a member has an abortion, regardless of the location, i.e. hospital or private clinic.
It was necessary to have an exception for abortion because despite the Law, there are locations where women cannot have an abortion in the hospital.
You are not considered as hospitalized if you attend to the Emergency Department, regardless of how long you have to wait, as you have not been admitted.
If you feel that you met the agreed to definition of hospitalization & Great-West/Morneau Shepell (DM) or CPC imposes a qualifying period on you, you must file a grievance with your Union Representative & you must also file an appeal with Great-West/Morneau Shepell in accordance with clause 20.12, 20.13 & 20.14 of the Urban Operations collective agreement or LETTER (NEW 2) of the RSMC collective agreement, even if the DM has approved your claim for Short Term Disability Benefits. Your Union Representative can assist you with filing this appeal if required.
Another issue addressed by our National office in this memo dealt with “Applying for Long Term
Disability (LTD)”.
Below is the excerpt from our National Union, for your review;
Applying for Long Term Disability (LTD)
We have convinced CPC to reverse their position on refusing to provide a LTD application to members who have not qualified for Short Term Disability. Members may now apply. Members should be advised that Sun Life who administers our LTD plan will see a report from the STD provider as to why the member was denied STD. So getting approval may pose some difficulties.
PLEASE NOTE; RSMC’s are not covered under the LTD plan with Sun Life. RSMC’s are covered by an “Extended Disability Program (EDP)”.
Another issue addressed by our National office in this memo dealt with “Leave of Absence while on a Graduated Return to Work (GRTW)”.
Below is the excerpt from our National Union, for your review;
Leave of Absence while on a Graduated Return to Work (GRTW)
Canada Post has taken the position that while a member is on a GRTW they are not entitled to take leave such as vacation leave. The Union’s position is that if the Collective Agreement entitles you to leave then the member should be granted the leave. Also if a member loses money from the denial, such as pre-paid trip, the loss should be documented and added to the file.
If CPC happens denies you any entitled leave due to you being on a GRTW. Immediately seek out your Union Representative & file a grievance & get copies of all relevant documents such as a copy of the annual leave list etc… for the grievance file.
A final issue addressed by our National office in this memo dealt with “Union Representation”.
Below is the excerpt from our National Union, for your review;
Union Representation
One final issue and that is union representation. Canada Post has taken the position that a member is not entitled to union representation when dealing with Great West/Morneau Schepell for their STDP claim. Once the claim has gone to appeal CPC is saying at that point the Union can represent the member. The Union disagrees.
This flies in the face of what Arbitrator Lauzon ordered in a National Policy Grievance N00-03-00016. N00-03-00016 – Arbitrator Lauzon said;
“The Corporation is ordered to take the necessary steps to ensure that employees are informed of their entitlement to Union representative assistance during all procedures linked to the disability management program.”
Yet again, members will be forced to file grievances if they are denied union representation.
If Great-West/Morneau Shepell calls you to discuss anything concerning your STD claim, please verbally request that you wish your Union Representative to be present. If they deny you this right, please record the name of the Great-West/Morneau Shepell agent that called you, time & date of their call & either when you go into work seek out your Union Representative or if you are off work contact the Local Union office & file a grievance.
IN SOLIDARITY,
GRIEVANCE COMMITTEE, KITCHENER/WATERLOO LOCAL (560), C.U.P.W.
c. File
“The Struggle Continues!”