The Union filed a policy grievance challenging the Employer's requirement that employees complete detailed Attending Physician Statements for short-term disability/sick leave and accommodation requests, and submit them to a third-party provider (Oncidium).
The Arbitrator held that requiring the STD/Sick Leave form in the first instance for absences over 5 days breached the Collective Agreement, which only required a basic medical certificate provided to the supervisor.
The Arbitrator also found the Accommodation form was inappropriately broad and intrusive at the initial stage of the accommodation process.
Finally, the Arbitrator ruled that the Employer must pay for the completion of the forms if they require a medical examination.
