The Labour Standards Laws Are the Minimum, your Collective Agreement (Contract) May Provide You With More, but CANNOT Provide You With Less

Sexual and Psychological Harassment

Acts of sexual harassment are now included in the definition of psychological harassment.

As of January 01, 2019, employers are required to have an up-to-date policy to prevent sexual and psychological harassment and address complaints efficiently and in a timely manner.

As of June 18, 2018, employees now have two years, instead of the previous 90 days, to file a complaint with the CNESST (Labour standards, pay equity and workplace health and safety board). The new extended delay should equally apply to depositing a grievance, contact your local union office for confirmation.

According to the CNESST, Psychological harassment at work is vexatious behaviour in the form of repeated conduct, verbal comments, actions or gestures:

• that are hostile or unwanted
• that affect the employee’s dignity or psychological or physical integrity
• that make the work environment harmful.

A single serious incidence of such behaviour may constitute psychological harassment if it has the same consequences and if it produces a lasting harmful effect on the employee.

If your employer cannot resolve the situation then you have the following options:

• Unionized employee should file the complaint with the employee’s union.
• Non-unionized employee who is subject to the Act respecting labour standards, including senior managers should deposit their complaints with the CNESST.
• Non-unionized employee of the public service, which includes members and officers of bodies should deposited their complaints with the Commission de la fonction publique.

Time Off for Family Reasons

Remuneration for days of absences as of January 01, 2019

An employee who has completed three months of continuous service is entitled to a maximum of two paid days of leave in the same year to take care of a parent or a person with whom he or she acts as a caregiver.

Dose the above mean MUHC staff will receive two additional paid days a year. At the time of writing, our investigation confirmed that the McGill University Health Centre (MUHC) has not issued extra paid days.

“As of January 1, 2019, the first two days taken annually for a maximum absence of 10 days per year to fulfill obligations related to the care, health or education of his child or the child of his spouse or because of the state of health of a parent or a person for whom the employee acts as a caregiver are paid if the employee has three months of continuous service.” Source: CNESST Family Obligations

Read This: Quebec Employees Are Entitled to 10 Days Per Year For Family Obligations – Two Days Are Remunerated

As of June 12, 2018, the definition of the word parent was broaden to include for example the family of your spouse or partner, foster families. And introduces the notion of caregiver for absences for family or parental obligations.

Increase in the Length of Leave, Starting June 12, 2018

As of June 12, 2018 there is an increase to the length of leave to take care of a parent or a person with a serious illness or a serious accident for up to 16 weeks over a 12-month period and up to 36 weeks for a minor child.

Up to 27 weeks over a 12-month period when the presence is required from a parent, other than their minor child, or from a person for whom they are acting as a caregiver, because of ‘a serious, potentially life-threatening illness.

Last Minute Schedule Changes

As of January 01, 2019, Quebec employees can now refuse shifts that weren’t scheduled and posted five days in advance. The new rules also allow employees to refuse more than two hours of overtime.

In the Local Agreement (Contract) there already exists a clause requiring the employer to provide a 7 day delay.
8.02 They (Schedule) shall be posted in the usual places at least seven (7) days in advance and shall cover a period of at least four (4) week. From the MUHCEU Local Agreement.

Employees on the recall list / availability, should contact the union office with questions regarding their particular situation.

Regular Overtime Is Paid, or Hours Banked at 1.5 Rate

Read More: Overtime work is paid at overtime rates – Overtime hours paid or banked at the regular rate is illegal

Time off When a Loved One Dies

As of January 1, 2019, workers will have five days off, two of which are paid, instead of just one day.
In the Collective Agreement, unionized employees already have the following bereavement leaves:

25.01
1-five (5) calendar days of leave for the death of their spouse,dependent child or minor child who is not a dependent.

2-three (3) calendar days of leave for the death of the following family members: father, mother, brother, sister, children (with the exception of those covered by the preceding paragraph), father-in-law, mother-in-law, son-in-law, or daughter-in-law.

3-one (1) calendar day of leave for the death of their spouse’s child, with the exception of those covered by paragraph 25.01-1,sister-in-law, brother-in-law, grand-parents or grand-children.

In the event of a death covered by the preceding paragraphs, the employee is entitled to one (1) additional day for travel if the funeral takes place two hundred and forty (240) kilometers or more from their home.

Annual Vacation

As of January 01, 2019, employees will have three weeks paid vacation after three years working for the same employer, instead of five years. The collective agreement grants 4 weeks of annual vacation after one year of service.

Payment by Bank transfer

Effect since June 12, 2018, employers no longer need their workers agreement to pay them by bank transfer.

Resources:

CNESST: Labour standards, pay equity and workplace health and safety board
Collective Agreement: The National Collective Agreement 2016 – 2020
Local Agreement MUHCEU: The Local Collective Agreement MUHCEU
APTS: the-alliance-of-professional-and-technical-personnel-in-health-and-social-services/
MUHCEU: mcgill-university-health-centre-employees-union/
SPSICR-CUSM: union-of-nursing-and-cardio-respiratory-professionals-of-the-muhc/