All of us at YEU are concerned for the privacy of YG employees and the protection of their personal & private medical history.
Sometimes workers must provide their employer with medical information to access a workplace accommodation or receive benefits. The right to privacy is quasi-constitutional, meaning it can’t be set aside or trumped by other policies or rules, so any exceptions to that right must serve a legitimate purpose. Any information shared has to be handled with extreme caution. An employee’s medical condition must have a genuine impact on their work, affecting attendance or creating performance issues. Without a significant impact, the employer does not have a right to medical information- period.
Employees seeking a medical accommodation are obliged to provide some information to the employer; we don’t dispute that. The information must be limited to prognosis and limitations or restrictions that would affect your ability to perform your job. Often though, there is uncertainty about what the employer is entitled to, and how they should be using and protecting this information. Your diagnosis is your business, not your employer’s. Requests for information or history beyond what is genuinely needed are invasive; employees can never be sure who will see their private information once it has been provided.
We know of many instances where the Yukon government has collected extensive medical information on employees, far beyond what is required to access benefits or develop an accommodation plan. In several cases, information about other family members has been collected and shared – clearly without their knowledge or consent. Over time, these reports have been copied, e-mailed and viewed by many people in various government departments as well as other service providers.
This should never be allowed to happen; it can be very distressing for the workers involved, and is a significant concern for the union. Many employees do not ask for the union’s help at the beginning of the accommodation process, and end up providing a lot of unnecessary and deeply personal information to their employer.
An employee should share medical information only when absolutely necessary, and only the information absolutely required to reach an accommodation. Any general requests for medical records should be refused. The employee should also refuse to authorize any employer representative to speak with their doctor directly. A reasonable alternative is to have the employer write their questions out so that the employee can discuss it with their doctor and consent to specific disclosure.
YEU has asked the Privacy Commissioner to examine Government of Yukon’s processes around collecting, using, sharing and retaining medical information related to the disability management and accommodation process. In the meantime, we can help employees navigate the inquiry and accommodation processes and support employees in protecting their privacy.
Employees should contact YEU before agreeing to share any medical information. Call 667-2331
*New language has been added to the Collective Agreement between YEU/PSAC and the Government of Yukon. Article 19 Severance provides for voluntary early pay-out of severance pay under certain conditions.
It is important to remember this new provision is voluntary only – there is NO requirement to request an early payout of your severance. All other forms of severance such as the provision for layoff remain intact and are unchanged.
Severance is like a deferred long term savings plan. For every year you work you will have one week of pay set aside for when you retire. For employees who plan to work until they retire, the value of severance is 1 week of pay for each year of service, which is like having an additional 1.9% that is set aside annually for you by the employer.
The monetary “value” of severance varies considerably from person to person depending on years of service, your career plan, and the conditions under which you might expect to take severance pay.
Severance is intended to bridge your time between when you retire and when you get your first pension cheque or provide additional pay in the event you are laid off. There are occasions where several months elapse between the date of retirement and receipt of the first pension payment.
How will the new Voluntary Severance Pay-Out article work?
If you voluntarily take an early payout of your severance, the following applies:
- You can only apply for it when you have at least 5 years of service
- You can only take it in multiples of 5 year blocks
- Early payout of severance means you will only be paid 50% of your regular entitlement. Rather than 1 week’s pay for each year worked, you will receive 1 week’s pay for each 2 years of service
- Severance will be paid out at your current substantive rate of pay
- There may be additional tax implications
If you voluntarily take an early payout of your severance and you are still employed, there may be additional tax payable. Any additional taxes will be your responsibility and will vary from person to person depending on your personal financial situation.
Another important factor to consider is you more than likely will be at a higher pay level when you retire. This means severance will be paid out at a higher level when you retire.
*If you cash out early, you will continue to accrue severance, but like a savings account, once you withdraw severance, it is gone. It can’t be replaced or replenished over time.
*We recommend you do not access this provision unless you absolutely have to.
*For reference, the contract language is below
19.10 Severance Voluntary Pay-Out
A regular employee with at least five (5) years of continuous service may elect to have all or a portion of their accrued severance paid out prior to resignation or retirement, subject to the following conditions:
a) Pay-out must be requested in five-year increments (e.g. 5 years, 10 years, etc.)
b) An employee may request a voluntary severance pay-out each time the employee accrues another five year increment of severance.
c) Request for pay-out must be made by September 30 each year.
d) Voluntary severance will be paid on the pay day falling immediately after November 1.
e) An eligible employee is entitled to be paid by the employer severance pay equal to the product obtained by multiplying the employee’s weekly rate of pay by 1/2 by the number of full-time equivalent completed continuous years of service requested for pay-out to a maximum of 28 weeks.
f) The number of years of voluntary severance paid out will be subtracted from remaining accrued balance of severance for the purposes of Article 19.
g) An employee’s future earning and accrual of severance shall remain unaffected.
The fact finding meeting is over; you may never hear about the issue again, or the employer notifies you that they have come to a conclusion and you’re called for a follow up meeting.
During the meeting your supervisor reads out loud and presents a letter of expectation (LOE); welcome to the performance management stream and the right of the employer to reaffirm the roles, responsibilities and accountability of your position within public service in Yukon.
Firstly, a letter of expectation is not discipline. While it may feel like discipline (and trust me I know this feeling, having been through this process), it is not intended to be, nor is it a disciplinary action.
A properly formatted letter of expectation should clearly outline the issues the employer has identified that need to be rectified, the changes they would like to see, the timeline for this change and the support and resources for assisting with process.
What happens after I receive this letter?
This is a shared responsibility; you as a public servant have been advised of your employment expectations and you should seek to meet the mark. It will feel like there is extra scrutiny on you and this is natural and actually accurate, but not in the “I’m gonna get you” way.
After an LOE is delivered the employer is watching you, not to note your failure but to ensure your success. It is incumbent on the employer to assist you in meeting the requirements of your position and the expectations that have been outlined.
YTG (the employer) needs to provide access to support and resources to ensure you are successful. Bear in mind you are a big part of this success and it is incumbent on you to meet the requirements of your job contract with YTG. As the cliché goes it takes two to tango and for the most part you are the lead in the dance.
How long does the LOE stay in my file?
As letters of expectation are not discipline they are not part of your file. When it comes to your “file” you only have one and this is held at the Public Service Commission (you can make an appointment to see your file with PSC if you would like to review your public service employment file).
Your LOE will be held by your supervisor and will not be in your “file” but will be kept for reference for the timeline provided in the letter. An LOE will be deemed complete at your next PPP (Personal Performance Plan) provided the issues have been resolved and have not continued. Now, if the behavior in the letter continues, this can open up the disciplinary stream (which I will cover in another post). But we all know that this won’t be an issue……..right?
A few other details….
Letters of expectation do not always come from fact finding meetings. Employment behaviors can be noted and dealt with outside of fact finding meetings and delivered at the discretion of the employer.
- Union representation is not required at the presentation of an LOE as they are not disciplinary, however, it is recommended by YTG that if it will be of benefit to the employee YEU representation can be in attendance.
- As always, if there are questions or concerns call the YEU office at 667 2331 or call me directly at 334 4331, remembering there is a timeline for issues of approximately 20 days, so call early and get the answers.
Yours in solidarity,
President, YEU Local Y010
It’s another day at work, everything seems to be going well and it’s shaping up to be a good day. Then it happens; you receive a request to attend a meeting the following day and your supervisor advises that you are entitled to bring a union representative to the meeting!
What has happened? Why won’t they tell me what the meeting is about? What are the specifics? Aside from being frustrated that you can’t have these questions answered, being called to a meeting relatively blind is also incredibly stressful.
You have been called to a fact finding meeting.
Fact finding meetings are a very common and normal occurrence in Yukon Government workplaces. When a supervisor or manager receives a complaint or incident report involving a staff member, they are required to investigate – this means they need to talk to you and get your version of the incident or event. If you have been asked to such a meeting, you must attend.
The fact finding meeting is based on the premise that there has been a problematic event or incident of some kind. The employer needs to ask questions to determine what happened. You might not be directly involved; you may have witnessed the incident or have information that may help to make the situation clear.
These sessions are not meant to be punitive, but should offer space for an open and honest dialogue on the event being discussed. These conversations can feel incredibly stressful for the employee and may feel like a cross examination, but that is not the intent. Your union representative will be there with you to protect your rights.
Why do I need a union representative? It is incumbent on the employer to advise an employee of the need for representation if there’s any chance of discipline down the road. Discipline is not always involved, but the employer cannot deny a member representation then dole out discipline after the fact; this goes against the principles of the Collective Agreement as well as the principles of natural justice.
Why won’t they answer my questions about the event or incident before the meeting? Well, this is twofold; while they may state “we are going to be discussing event ABC” they cannot discuss the actual event outside the meeting. Firstly the employer would like to see unchecked, honest reactions to the questions posed. Secondly if the employer engages in this conversation it may be construed as part of the fact finding session when the employee has not yet had an opportunity to secure union representation.
These meetings are usually less than an hour long, depending on the events and issues at hand. During these sessions the employee, the employer or the union representative can ask for a break to have discussions or sidebar chats. These meeting should be, and for the most part are, very respectful and smooth.
What can I say? What can’t I say during these sessions? The intent of these fact findings is to bring the facts to light. The employee is responsible to be open, honest and accountable. Your union representative is there to protect your rights and ensure proper process is followed, but they are not defense attorneys and will not be using legal gamesmanship to avoid the issues at hand.
This is a meeting about FACTS, not about what you may think of a situation. Avoid deflecting accountability by drawing others’ poor behavior into the conversation. The employer may ask what others thought or said, but you should avoid commenting on how you believe others may think or feel about the incident or parties involved.
Do I get to have my say in the meeting? Of course – this is not a one sided barrage or cross examination. During the meeting you will be asked several times if there is anything else you would like to add. This is the time where pertinent items to the event can be offered if they have not been addressed in the questioning. This however is not the time to deflect accountability, point out others’ poor behavior or inject supposition or rumor into the meeting. Your additions should be factual, pertinent and meaningful.
It is also likely that the employer will have investigated the issue by chatting with other employees named in the event. These sessions are confidential and private, and employees are advised not to speak about these meetings outside of the HR/union/supervisory pathways.
How do I get Union representation? Call 867-667-2331 as soon as you’ve been notified of the meeting, and ask for the intake officer. They will ask you for the meeting time & location and ask whether have any idea what the meeting may involve.
Once this information is collected, YEU will make a call to the Shop Steward group to see who is available to attend your meeting. Once the Shop Steward has confirmed their availability, the Steward will contact you to discuss the process and answer your questions prior to the meeting. Some Stewards will contact you well ahead of time while others, depending on time of notification, may make arrangements to speak with you just prior to the meeting.
What can I expect once the meeting is over? Timelines are usually established at the end of the meeting. Your supervisor or the HR Representative will notify you of the timeline and might advise you that another meeting will be requested if more questions arise during their follow up. Generally, the post-meeting fact finding time is one to two weeks.
What will happen to me? This depends on the incident and your role in what transpired. One possible pathway is the performance management stream, another is discipline. I will cover these topics in an upcoming performance management and discipline article on the blog; keep an eye out and have a read.
President – Local Y010
For years, the terms Brother and Sister have been used by unionists to call together our community. Continue reading
May Day is celebrated by millions around the world as International Worker’s Day. A national public holiday in many countries, it has come to be known as the original Labour Day and honours both the contributions of workers and the achievements of the Labour movement.
The origins of May Day are bloody. On May 1 1886, workers in Chicago went on strike en masse, demanding an eight-hour work day. In the plans for 2 years, workers were ready to march. Up to 80,000 joined a parade up Michigan Avenue, arm-in-arm carrying union banners demanding shorter hours of work, higher pay and an end to child labour.
A May 4th demonstration turned violent when a bomb exploded in the ranks of police on hand to disperse the crowd. Police opened fire on the crowd and in their panic many shot their own men: 67 policemen were wounded and 7 died, though only one as a result of the bomb blast. Four workers died that night and many more were injured.
Martial law was declared and labour leaders were rounded up and jailed across the US. In Chicago, four labour activists were tried & hanged for their roles in the Haymarket Affair. Three more were pardoned shortly after, and the unjust judicial process was condemned by the Governor.
Today, May Day is celebrated as Labour Day in almost every industrial nation. During the 1990’s, the Chinese Government even created a week long holiday to honour its workers, though the holiday was restored to 1 day in 2008.
Despite its American origins, Labour Day is not observed on May 1 in the United States. Concerned by the political threat of a holiday conceived by socialists & anarchists, Grover Cleveland pronounced the first Monday of September as the official Labour Day in 1894. During the “Red Scare” years of the 1950’s, Eisenhower went further and declared May 1 “Loyalty Day” in America.
In Canada, a September Labour Day was also declared a holiday by Prime Minister John Thompson in 1894, bowing to pressure from the working class. Canadian Labour organizations do honour the day however, and we wish you a very happy International Workers’ Day on May 1, 2016.