Changing Full-Time Equivalent

Article 14.15 of the UNA Collective Agreement ensures that Employees have the ability to apply to increase or decrease the number of shifts they work and to change their Full-Time Equivalency. An Employee’s request cannot be unreasonably denied. Employers cannot unilaterally change an Employee’s Full-Time Equivalency. If you have any concerns, contact your UNA local executive or your UNA Labour Relations Officer for assistance.

Paying out Overtime hours

According to Article 8.01 (c) of the United Nurses of Alberta Provincial Collective Agreement, time off not taken by March 31 in any given year shall be paid out unless otherwise mutually agreed. If an Employee formally requests to carry over accumulated overtime hours, the Employer cannot unreasonably deny that request. Example: If an Employee can demonstrate that they have attempted to take Time Off in Lieu (TOIL) using overtime hours, but had their request denied, the Employer cannot deny a request to carry over those hours into the next year. Notwithstanding the Collective Agreement, the Employment Standards Code prohibits the Employer from unilateral payout of banked overtime earned within the previous six months. If you have such overtime paid out, please contact UNA. If you have any questions or concerns, please contact your UNA Local Executive or Labour Relations Officer at 1-800-252-9394.

Submitting proof of illness to the employer

Under Article 19.04 of the United Nurses of Alberta Provincial Collective Agreement, Employees requesting sick leave may be required to submit satisfactory proof to their Employer of any illness, non-occupational accident or quarantine when circumstances make it reasonable to do so. If an Employee is applying for short-term or long-term disability, they may be required to submit satisfactory proof to the agent of the employer, the insurance company, when circumstances make it reasonable to do so. If an Employer requires an Employee to provide proof of illness, such as a physician’s note, the employer must reimburse the Employee for any costs for that information. Employees should be cautious about providing the employer with access to personal medical information. The employer could attempt to use the information to limit sick leave. An Employee is not obligated to sign any medical information release form for the employer. For more information refer to the 2018 Joint Statement – Sharing an Employee’s medical information beyond the Ability Management department.

Supervision of Health Care Aides

United Nurses of Alberta members should be aware of rules dealing with the supervision of health care aides, as explained by their college and professional association: “A regulated nurse will determine if a particular activity can be assigned to a health care aide and if it is appropriate, given the context and specific situation. This decision-making by the nurse involves the skilled and knowledgeable application or the nursing process, including assessment, planning, implementation and evaluation of care. “The supervising nurse retains responsibility for assigning client care appropriately to the health care aide, and for ongoing evaluation of nursing care. The health care aide is responsible for the tasks and the care they provide.” For more detailed information, please refer to the Decision-Making Standards for Nurses in the Supervision of Health Care Aides, published by the College and Association of Registered Nurses of Alberta, the College of Registered Psychiatric Nurses of Alberta and the College of Licensed Practical Nurses of Alberta. Professional responsibility in unsafe situations Employees who believe the assignment of activities or tasks is inconsistent with the needs of nursing care of specific clients or client populations the nurse has a responsibility to: Œ question the practice, Œ identify the problem clearly, Œ document the rationale for decisions taken and problems encountered, Œ communicate concerns about practice to nursing administration as soon as possible, Œ advocate for appropriate staff assignment to meet client needs safely, Œ maintain accurate personal records of actions taken, and Œ consider whether information from external supports is appropriate or necessary. For more information, please contact your UNA local or UNA’s Professional Responsibility Advisor at 1-800-252-9394.

Payment for Additional Shifts

Alberta Health Services and United Nurses of Alberta recently resolved a grievance regarding payment for voluntary additional unscheduled shifts where a portion of the shift falls on a Parttime Employee’s Designated Day of Rest. This settlement is binding on all of AHS. Part-time Employees who voluntarily work an additional unscheduled shift straddling two calendar days where a portion of the shift worked falls on an Employee’s Designated Day of Rest shall be paid for the entire shift at the rate of pay determined by where the majority of hours worked fall. Example: If a majority of hours worked fall on a “blank” day (ie: a day that is neither a scheduled work day nor a Designated Day of Rest) will be considered to have received their Designated Day of Rest for scheduling purposes. They will be paid at the basic rate of pay for the entire shift. If a majority of hours worked fall on a Designated Day of Rest, Part-time Employees will be considered to have received their Designated Day of Rest for scheduling purposes. In this circumstance, the Employee will be paid at 2X the basic rate for the entire shift. This settlement does not alter a Part-time Employee’s ability to mutually agree with the Employer to exchange their Designated Day of Rest to other non-scheduled “blank” days, pursuant to Article 30.01(b)(i) of the UNA Provincial Collective Agreement.

UNA members urged to claim their 2-per-cent RRSP or TFSA supplement

Members of the United Nurses of Alberta need to be aware their Employer has agreed to contribute to a supplemental pension plan in the form of a Registered Retirement Savings Plan or Tax Free Savings Account contribution. UNA strongly recommends that all members who are regular employees act to take advantage of this provision if they haven’t done so. It is a benefit they cannot receive without taking specific action to enroll. So without acting, employees are going without a 2 per cent retirement income supplement to their salary that they are entitled to receive under the collective agreement. Article 29.05 of the UNA Provincial Collective Agreement (a) The Employer shall provide a supplemental pension plan in the form of a Registered Retirement Savings Plan (RRSP) or Tax-Free Savings Account (TFSA). Employees shall determine the allocation to either a RRSP or TFSA. Employees may change their allocation effective April 1st of each year. (b) Effective on the Employee’s date of enrollment, a Regular Employee shall have the right to contribute up to 2% of his or her regular earnings into the RRSPor TFSA until December 31st of the year the Employee turns 71. The Employer shall match the Employee’s contributions into the RRSP or the TFSA. (c) A Regular Employee who, by virtue of his or her age, no longer qualifies under Article 29.05(b), shall receive an additional 2% of her or his regular earnings. (d) “Earnings” as defined in Article 29.05(b) above, will include WCB earnings until such time that the Employee exhausts his or her sick leave credits and is deemed to be on sick leave without pay. The agreement does require that employees contribute 2 per cent of their salary for the employer to match, and employees need to enroll in the program for the employer to contribute this money. No UNA member should go without funds for their retirement that their Employer has agreed to contribute. This supplemental pension is not available to temporary or casual employees. If you have any questions or concerns, please contact your UNA local executive or Labour Relations Officer at 1-800-252-9394.