With Arbitrator MacPherson coming down with her decision on the Urban and the RSMC contracts, we wanted to explain the changes to the Short Term Disability Plan (STDP) and to Workers’ Compensation for an Injury on Duty (IOD).
Short Term Disability Plan
We had many demands on the STDP such as the unlimited ability to carryover Personal Days and an increase in STDP payment that were rejected by the Arbitrator, but we were able to achieve some improvements.
Canada Post fought against our demand that approval for STDP be based solely on medical reasons. In addition, only the Case Manager, the Union or the employee should have communicated with the Independent Medical Physician (IMP). During STDP appeals we discovered that CPC was including in the employee’s medical file, inappropriate comments. We saw comments such as the employee was lazy, other employees did not like the employee claiming STDP and the employee was a union radical. None of these comments justified not approving the members claim and CPC said in front of Arbitrator MacPherson that they were inappropriate, yet they continued to provide these types of comments to the IMP. Arbitrator MacPherson ruled that this practice must now cease.
10% Recovery of Overpayment
When an employee is on STDP for 16 weeks, they must apply for Employment Insurance (EI). Canada Post continues paying the employee 70% of their wages while waiting for the employee to receive the money from EI. By continuing the payment, this ensures that the employee is still receiving at least 70% of their wage, as there can be a delay in receiving money from EI.
The problem arose because CPC was clawing back 100% of the employee’s pay until all of the overpayment was recovered. Many employees had to go several weeks without receiving pay.
Arbitrator MacPherson has now included in both contracts that the recovery of the overpayment for the EI portion cannot exceed 10% of the employees pay, until the entire amount is recovered.
Note: As long as the Canadian Emergency Relief Benefit (CERB) program continues, you will not be required to apply for EI benefits. Canada Post will continue paying 70% of your wages for the duration of your claim.