1.01     Definitions

In this Agreement, the following definitions shall apply:

“Academic” means all matters relating to the education and training requirements of a Residency Program that is accredited by the Royal College of Physicians and Surgeons of Canada or the College of Family Physicians of Canada and provided by the Faculty of Medicine, University of British Columbia. Academic matters are outside the scope of this Agreement.

“Academic Year” means a period of twelve (12) consecutive months beginning on July 1 and ending on June 30 of the following year.

“Associate Dean” refers to an Associate Dean of Medicine appointed by the University of British Columbia and responsible for Postgraduate Medical Education in the Faculty of Medicine.

“Dismissal” means the dismissal of a Resident by the Faculty of Medicine, University of British Columbia from a Residency Program.

“Employer” refers to the society, organization, corporation, facility, agency or centre as listed in the appendix attached to the certification issued by the Labour Relations Board of British Columbia.

“Program Director” means an individual employed, engaged or appointed by the Faculty of Medicine, University of British Columbia as a Residency Program Director responsible for overseeing and coordinating Resident education/training within a Residency Program offered by the Faculty of Medicine, University of British Columbia.

“Resident” means an individual who is employed solely for the purpose of completing a Residency Program and who is:

• registered with the College of Physicians and Surgeons of British Columbia in the educational-postgraduate class as a postgraduate resident; or
• a graduate in podiatry or dentistry enrolled in a postgraduate training program offered by the Faculty of Medicine, University of British Columbia

The term Resident shall not include doctors of Medicine, Dentistry or Podiatry who are the fiscal responsibility of other agencies.

Residents are entitled to all benefits of the Agreement except where the Agreement specifies that benefits will be provided on a proportionate basis.

“Residency Program” means a Postgraduate Medical Education training program administered by the Faculty of Medicine, University of British Columbia that is recognized by the Royal College of Physicians and Surgeons of Canada or the College of Family Physicians of Canada.

“Spouse” includes a person living with a Resident as a common law partner for a period of not less than one (1) year.

“Termination” means the termination, by the Employer, of a Resident’s employment pursuant to Article 5.01, 5.04, or 5.05.

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2.01     Sole Bargaining Agent
The Employer recognizes RDBC as the exclusive bargaining agent in negotiating terms and conditions of employment on behalf of all Residents covered by this Agreement.

2.02     Union Deductions
Each Resident shall, as a condition of continuing employment, authorize a deduction from their pay cheque of an amount fixed from time to time by RDBC. The Employer shall ensure that at the commencement of their employment, each Resident is provided with the electronic dues deduction authorization form contained in the Letter of Understanding “Union Deductions.” Each Resident will complete the electronic form.

2.03     (a) The Employer agrees to deduct bi-weekly from the total earnings of each Resident, dues in the amount specified, and to forward to RDBC within twenty-eight (28) calendar days of the deduction, the total amount of such fees and dues collected together with the list of those Residents for whom deductions were made in the month concerned.

             (b) The dues remittance sheet provided to RDBC pursuant to Article 2.03 (a), above, shall itemize the salary, paid sick leave, statutory holiday pay, WorkSafeBC wage loss benefits, and the amount of any call, meal or administrative allowances paid to each Resident.

The divisor used to calculate hourly rates will be 1957.5 hours per year.

2.04  The Employer shall supply each Resident without charge, a receipt in a form acceptable to Revenue Canada for income tax purposes, which receipt shall record the amount of all deductions paid to RDBC by Residents during a taxation The receipts shall be mailed or delivered to Residents prior to March 1 of the year following each taxation year.

2.05     List of New Residents
No later than April 1, where possible, the Employer shall ensure that RDBC is provided with the names, addresses, start date, resident remuneration level, program and VCH employee number of Residents who will be starting a Residency Program within the next three (3) months. RDBC will be informed of Resident changes during the year on a quarterly basis

2.06     Orientation Meetings
The Employer agrees to provide representatives of RDBC with an opportunity and forum for meeting with new Residents appointed to the Employer so that the representatives of RDBC may introduce the new Residents to the function of the Association and solicit memberships. Such an opportunity and forum shall be made available during the normal working hours within six (6) weeks of the appointment of new Residents.

2.07     Union Membership
New Residents shall become and maintain membership in RDBC as a condition of continuing employment. The Employer shall ensure that at the commencement of their employment, each Resident is provided with the RDBC membership application form.

2.08     Protected Time for RDBC Representatives
RDBC representatives will be entitled reasonable time while on duty, without loss of regular pay and benefits, to perform their duties provided that they have received prior consent from their supervisor, made every endeavour to complete their business in as short a time as possible, and that they do not interrupt the operations of the Employer.

2.09     RDBC Representatives
RDBC shall inform the Employer in advance whenever the designated representatives of the union intend to visit the Employer’s premises for the purpose of conducting union business. Such visits shall not interfere with normal operations of the Employer.

Interpretation

Dues

Union dues are automatically deducted from your pay check.

Dues are reviewed annually by the Resident Doctors of BC Finance Committee.

For more information on union dues and rates please contact Resident Doctors of BC.

Protected Time

If you are interested in participating in the Board, Council of Program Representatives, or a Committee, you may be eligible for protected time to attend meetings.

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3.01     Differences Arising
If a difference arises between the Employer and a Resident(s) or between the Employer and RDBC concerning the interpretation, application, operation, or any alleged violation of the Agreement, the Resident(s) will continue to perform their responsibilities in accordance with the Agreement until the difference is settled. All correspondence by either party relating to any grievance shall be copied to HEABC.

3.02     Resolution of Differences
The following procedure will be used for the resolution of differences referred to in Article 3.01.

Stage 1
Within fourteen (14) calendar days of the occurrence of the difference; or within fourteen (14) calendar days of when the Resident(s) first became aware of the matter giving rise to the difference, RDBC shall submit the grievance in writing to the individual designated by the Employer. The Employer shall, within twenty-one (21) calendar days from the receipt of the grievance hold a grievance meeting with a RDBC representative and give a written reply to RDBC. Should a settlement not be reached then:

Stage 2
Within twenty-one (21) calendar days of receipt of the written reply, RDBC will submit the grievance in writing to the individual designated by the Employer. The matter will be discussed between the Employer and RDBC. Should a settlement not be reached at this stage, the grievance may be referred to arbitration pursuant to Article 4.

3.03     Policy Grievance
If a difference of a general nature arises between RDBC and the Employer concerning the interpretation, application, operation, or alleged violation of this Agreement, the aggrieved party shall submit a written grievance to the other party within fourteen (14) calendar days of becoming aware of the matter giving rise to the difference, and stage 2 of Article 3.02 shall apply.

Interpretation

A grievance occurs when there is a disagreement between a Resident and the Employer.

Grievances must be completed by Resident Doctors of BC; to notify us of a grievance fill out this form.

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4.01     Either of the parties may notify the other party in writing within thirty (30) calendar days of the receipt of the reply at stage 2, of their desire to submit the difference to arbitration. Within fifteen (15) calendar days of receipt of such notification, the parties agree to submit the matter to an arbitrator chosen from the following list in descending order:

D. McPhillips
J. McConchie
J. Nichols
C. Bell
K. Saunders

4.02     The Arbitrator shall have full power to resolve all disputes arising under this Agreement, including the power to decide whether any matter is arbitrable or within the scope of this Agreement. The decision of the Arbitrator shall be final and binding on both parties. The expenses and compensation of the Arbitrator shall be shared equally by the parties.

Interpretation

Arbitration is the next step after a grievance is filed with the Employer. The Resident Doctors of BC Labour Relations Committee must approve cases before going to arbitration.

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5.01    The Employer may terminate a Resident for just cause, subject to the provisions of Article 3. When a Resident is terminated for just cause they shall not be entitled to notice or payment in lieu of notice.

5.02    Should a grievance be filed as a result of Termination by the Employer the grievance procedure shall be instituted at Stage 2 of the grievance

5.03     A Resident shall maintain active enrolment in a Residency Program and shall maintain registration with the College of Physicians and Surgeons of British Columbia as a condition of employment. For clarity, a Resident who is placed on leave of absence from a Residency Program, by the Faculty of Medicine, University of British Columbia is not considered to be actively enrolled in a Residency

5.04     Notwithstanding Article 5.03, where a Resident is placed on leave of absence from a Residency Program by the Faculty of Medicine, University of British Columbia, the parties will meet to discuss the Resident’s employment status. If the parties do not reach agreement to continue the Resident’s employment within 30 days from the commencement of the leave of absence, the Resident’s employment will be terminated. The Resident will remain on payroll throughout the 30-day process. Should the Resident elect Termination, they will receive severance as per Article 05.

5.05     In the event that the Employer is advised by the Faculty of Medicine, University of British Columbia that a Resident has been dismissed from a Residency Program, the Employer will terminate the Resident’s employment and provide the Resident with payment equal to four (4) months’ RDBC will be provided with the name of any Resident that has been terminated as a result of a Dismissal.

5.06    All decisions by the Faculty of Medicine, University of British Columbia with respect to a Dismissal are Academic matters.

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6.01     A Resident who resigns from a Residency Program will be deemed to have resigned from their employment with an Employer.

Interpretation

A resident may resign from a residency program if they choose; this decision is final, and impacts future training opportunities. Please contact Resident Doctors of BC about other options if you are considering resigning.

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7.01   When a Resident has been granted a compassionate leave of absence from a Residency Program, the Employer will grant leave from employment and compensate the Resident for a compassionate leave of up to three (3) days with pay in the event of death or serious illness of a Resident’s spouse (including common-law), son, daughter, mother, father, sister, brother, grandmother, grandfather, mother-in-law, father-in-law, legal guardian or legal ward.

7.02   When a Resident requires travelling time associated with a compassionate leave, the Employer will compensate a Resident for up to two (2) additional days leave with pay for the travelling time.

Such travel time must be taken coincident with the compassionate leave except when internment occurs at a later date than the initial memorial service or funeral.

7.03   A spouse includes a person living with a Resident as a spousal partner for a period of not less than one (1) year.

Interpretation

Should a resident need to use compassionate leave, residents must notify their program as soon as possible. Once the leave has been granted you will be paid up to three days leave, and should you need to travel, an additional two days of leave are paid.

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8.01   When a Resident is granted an educational leave from a Residency Program to attend short-term educational program(s) or conference(s) the Employer will grant a leave of absence with pay.

If a Resident is required/mandated to attend conferences that Resident’s registration fee shall be paid by the Employer. A Resident may be reimbursed for reasonable related travel expenses.

Where the Residency Program establishes that a particular training is mandatory, for example ATLS, then course fees will be paid by the Employer.

It is not a regular expectation that Residents will provide clinical management while on an approved educational leave; however, Residents must respond to urgent clinical referrals.

8.02   A Resident shall be granted leave of absence with pay, including reasonable travel time, to sit qualifying or licensing examinations within the medical profession at the nearest possible location. The qualifying or licensing examinations covered are those of the Medical Council of Canada (LMCC), Royal College of Physicians and Surgeons of Canada, the College of Family Physicians of Canada, the Corporation Professionnelle des Medecins du Quebec.

For the Royal College of Physicians and Surgeons of Canada examinations, reasonable travel time is deemed to be two unscheduled days prior to the examination, and an unscheduled day following the examination for the purposes of travel. For examinations for LMCC, the College of Family Physicians of Canada, and the Corporation Professionnelle des Medicins du Quebec, reasonable travel time is deemed to be one unscheduled day prior to the examination, and an unscheduled day following the examination for the purposes of travel in excess of 100 kilometers or which requires sea or air travel.

A Resident shall be granted unpaid leave for the purpose of taking American professional certification examinations. Requests for such unpaid leave shall be made in writing. The Resident shall give at least four (4) months’ notice of intention to sit examinations and three (3) weeks’ notice of the actual dates of the examinations.

A Resident may request up to a maximum of seven (7) consecutive days without on-call duties, immediately prior to sitting the exam in order to study for qualifying or licensure examinations of the Medical Council of Canada, the College of Family Physicians of Canada, the Corporation Professionnelle des Medecins du Quebec, or the Royal College of Physicians and Surgeons of Canada. Such requests will be approved except in those cases where coverage cannot be arranged.

8.03   Leave referred to in Article 8.01 and 8.02 shall not be deducted from vacation entitlement.

Interpretation

The resident must ensure that conferences or professional development programs are approved by their Program Director. Once attendance at a conference or educational program is approved, this is considered paid leave.

Any mandatory training course fees are paid by the Employer.

For LMCC, CFPC, RCPSC and CMPQ, residents can request up to seven consecutive days without on-call duties prior to writing their exam. Residents are not exempt from their regular duty hours unless educational leave is provided by their program.

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9.01     Birthing Parents – Maternity and Paternity Leave

(A)     Maternity Leave

A Resident shall be granted up to seventeen (17) consecutive weeks maternity leave of absence without pay. Such leave may commence no earlier than thirteen (13) weeks prior to the expected birth date or any time thereafter at the request of the Resident but no later than the actual birth date. In no case shall a Resident be required to return to work sooner than six (6) weeks following the birth or the termination of her pregnancy, unless a shorter time is requested by the Resident and granted by the Employer.

The conclusion of a term of appointment will not interrupt the Resident’s access to Maternity Leave Benefits.

(1)     Benefits

For weeks one (1) through seventeen (17) inclusive, the service of a Resident who is on maternity leave shall be considered continuous for the purpose of any pension, medical or other plan beneficial to the Resident, and the Employer shall continue to make payment to the plans in the same manner as if the Resident was not absent.

(B)     Parental Leave

Upon written request and within seventy-eight (78) weeks of the birth of the child, a resident shall also be granted an unpaid parental leave for up to sixty-one (61) consecutive weeks. Parental leave will normally commence immediately following maternity leave unless agreed to by the Employer for reasons such as premature birth or a hospitalized infant.

(1)     Benefits

For weeks eighteen (18) through seventy-eight (78) inclusive, the service of a Resident who is on parental leave shall be considered continuous for the purpose of any pension, medical or other plan beneficial to the Resident, and the Employer shall continue to make payment to the plans in the same manner as if the Resident was not absent.

(C)     Parental Leave – Special Circumstances

(a) A Resident is entitled to up to five (5) additional weeks of parental leave without pay if a medical practitioner certifies that an additional period of parental care is required because the child suffers from a physical, psychological or emotional condition. This additional period of leave begins immediately after the end of the unpaid leave taken in Article 9.01 (B).

(b) A Resident is entitled to up to six (6) additional consecutive weeks of parental leave without pay if a medical practitioner certifies that, for reasons related to the birth or the termination of the pregnancy, she is unable to return to work when her leave ends under Article 9.01 (A) or Article 9.01 (B).

(c) A Resident’s maximum combined entitlement to unpaid leave under Article 9.01 is limited to eighty-nine (89) weeks.

(D)     Additional Leave

Any further leave granted beyond the allowable leave period described in Article 9.01 (a) and (b) or for any additional weeks of parental leave (special circumstances) as set out in Article 9.01 (c) will be unpaid leave without any benefits.

(E)     Sick Leave Provisions

Maternity leave medical complications of pregnancy shall be covered by sick leave provisions. Pregnancy shall not constitute cause for Termination.

(F)     Notice Required

A Resident shall make every effort to give at least four (4) weeks notice prior to the commencement of maternity leave of absence, and at least fourteen (14) days notice of her intention to return to work prior to the termination of the leave of absence.

(G)     Doctor’s Certificate

The Employer may require the Resident to provide a doctor’s certificate indicating the Resident’s general condition during pregnancy and the predicted delivery date.

(H)     Incapable of Performing Duties

See the Memorandum of Understanding Re: Workload During Pregnancy and Article 20.02(b)(v), Call Scheduling – Pregnancy.

9.02     Parental Leave – Non-birthing Parents (including Adoptive Parents)

(A)     Parental Leave

On four (4) weeks’ notice and within seventy-eight (78) weeks of the birth or the adoption placement date of their child, a non-birthing parent may apply for up to sixty-two (62) consecutive weeks parental leave without pay.

(1)     Benefits

For weeks one (1) through sixty-two (62) inclusive, the service of a Resident who is on parental leave shall be considered continuous for the purpose of any pension, medical or other plan beneficial to the Resident, and the Employer shall continue to make payment to the plans in the same manner as if the Resident was not absent.

(B)     Parental Leave Beyond Sixty-two (62) Weeks – Special Circumstances

If a medical practitioner certifies that an additional period of parental care is required because the child suffers from a physical, psychological or emotional condition, the nonbirthing parent may apply for additional parental leave without pay. Five (5) weeks additional leave may be taken up to a maximum combined parental leave and parental leave (special circumstances) of sixty-seven (67) weeks. The additional five (5) weeks must be taken immediately after the unpaid leave in Article 9.02 (a) ends.

(1)     Benefits

For weeks sixty-three (63) through sixty-seven (67) inclusive, the service of a Resident who is on parental leave shall be considered continuous for the purpose of any pension, medical or other plan beneficial to the Resident, and the Employer shall continue to make payment to the plans in the same manner as if the Resident was not absent.

(C)     Additional Leave

Any further leave granted beyond the normal sixty-two (62) week period, or the sixty-seven (67) week period for special circumstances, will be unpaid leave without any benefits.

9.03     Parental Leave – Adoptive Parents

Residents who legally adopt a child shall be entitled to the same parental leave rights and benefits as are afforded Non-birthing Parents in Article 9.02(b) above. The Resident will notify the Employer when they are advised of the date of adoption placement. The Resident shall furnish proof of adoption.

9.04     Return To Employment

A Resident resuming employment after a maternity, adoption or parental leave of absence shall be reinstated in all respects to their previous position with all increments to wages and benefits to which they would have been entitled during the period of the absence. Vacation entitlement will be prorated using the formula set out in Article 13.04.

9.05     Leave for Birth of a Child

A Resident will be granted two (2) days paid leave to attend the birth of their child. This clause does not apply to the birth mother.

9.06     Maternity Leave Allowance

An employee who qualifies for maternity leave pursuant to Article 9.01, shall be paid a maternity leave allowance in accordance with the Supplemental Employment Benefit (SEB) Plan. In order to receive this allowance, the employee must provide to the Employer, proof that they have applied for and are eligible to receive employment insurance benefits pursuant to the Employment Insurance Act.

(A)    The objective of the Plan is to supplement employment insurance benefits received by eligible Residents who are on approved Maternity Leave pursuant to the Collective Agreement.

(B)    Pursuant to the Plan, the maternity leave allowance will consist of:

(1)    One (1) week remuneration at 90% of the Resident’s normal weekly earnings.

(2)   An additional fifteen (15) weekly payments equivalent to the difference between the employment insurance gross benefits and any other earnings received by the Resident and 90% of the Resident’s normal weekly earnings will be made by the Employer to the Resident.

(3)   Benefits under this Plan will not exceed sixteen (16) weeks inclusive of the one (1) week waiting period.

(4)   For the purpose of this Plan, “normal weekly” earnings shall mean half of the Bi-weekly rate as listed in the Wage Schedule, prorated for part-time Residents.

(5)   The conclusion of a term of appointment will not interrupt the Resident’s access to the maternity allowance.

(C)  Residents are not entitled to receive SEB Plan benefits and sick leave benefits concurrently. However, a Resident may opt to utilize sick leave instead of applying for benefits under this Plan, provided that they satisfy the Employer that their absence is due to a valid health-related condition, and that they are unable to attend work to perform their duties.

The resident shall not be prohibited from utilizing sick leave credits prior to, or subsequent to, a period of maternity leave with benefits payable in accordance with section (b) above.

(D)    To be eligible for the maternity leave allowance as described in paragraph (b) above, an employee must:

(1)  Not be in receipt of sick leave benefits;

(2)  provide satisfactory documentation to the Employer that they have applied for and is in receipt of employment insurance benefits; and

(3)  An employee who is not eligible for, or is disentitled to, employment insurance benefits is entitled to the full amount of allowance under the SEB Plan only under the following circumstances:

(a) The employee does not have a sufficient number of insurable weeks of employment to qualify (at least 20 weeks); or

(b) The employee works less than the required number of hours (15 hours per week); or

(c) The employee’s earnings are at least equal to 20% of the maximum weekly insurable earnings.

Interpretation

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10.01     A Resident will not suffer loss of pay or benefits due to sickness or accident while in a Residency Program for a maximum of 5 months per Academic Year, prorated for partial years. After the Resident has exhausted the 5 months of sick leave and benefit coverage per Academic Year, the Resident will be placed on unpaid leave without benefits coverage. If a Resident has exhausted the 5 months of sick leave they must return to work for sixty days (60) before they are entitled to receive an additional 5 months of paid sick leave. Coverage under this article shall commence on the first day on which the Resident carries out the duties of a Residency Program. A Resident whose appointment to a Residency Program has not been renewed, and whose injury or illness causing disability occurs during the term of their appointment, shall be deemed to be on leave of absence without pay for the period between the Termination of their appointment and the effective date of disability coverage.

10.02     Sick leave with pay is only payable because of sickness or accident and a Resident will supply evidence of such illness or disability as required by the Employer.

10.03     Upon return to work, if there is a serious concern whether a Resident is capable of performing their duties in a safe manner, the Resident may be required by the Employer, at the request and expense of the Employer, to take a medical examination by a qualified physician of the Resident’s choice.

Interpretation

Residents receive paid (100%) sick leave should they be unable to work due to any illness or injury. Sick leave is paid for up to 5 months, at which time you will transition to LTD. The LTD application may take time to process, residents are encouraged to ask Records and Benefits for the package after being on leave for three months.

11.01     Each Resident will receive a paid day off at their normal rate on or before the following statutory holidays and any other general holiday proclaimed by the federal or provincial government:

11.02     If a statutory holiday falls within a Resident’s vacation, or on their regularly scheduled day off, or when they are on call as per Article 19.02, the Resident shall receive an alternate day off without loss of pay. A Resident can take this alternate day within 12 months of earning it on a date mutually agreed between the Resident and the Residency Program.

11.03     Part-time Residents will receive the following pay for statutory holidays as set out in Article 11.01.

Days Paid per Calendar Year x Regular Pay x Twelve (12)
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11.04     Every Resident shall be entitled to at least five (5) consecutive days off during the twelve (12) day period that encompasses Christmas, New Year’s Day and two (2) full weekends. Those five (5) days off are to account for the three (3) statutory holidays, Christmas Day, Boxing Day, New Year’s Day, and two (2) weekend days.

11.05     Work on Statutory Holiday
If a Resident is scheduled to start work on a statutory holiday as identified in Article 11.01 and does work as scheduled, the Resident shall be paid double (2X) their normal rate and in addition will receive another day off with pay; except for Good Friday, Christmas Day and Labour Day when the remuneration shall be at the rate of double time and one-half (2.5) their normal rate, plus a day off in lieu of the holiday.

11.06     Alternate Religious Holiday
A Resident who is a practitioner of a recognized faith which does not celebrate Good Friday, Easter Monday and/or Christmas Day, may designate an alternate paid holiday as a replacement subject to the discretion of the Program Director which shall not be unreasonably withheld, subject to the provisions below:

1. Any such days sought to be designated pursuant to the above must be identified, explained and declared by the Resident by July 15 of each Academic Year in order to be considered;

3. Should a Resident be approved for an alternate designated paid holiday no premium pay shall be payable to the Resident on any of the regular paid holidays being replaced that they may work as a consequence;
4. Replacement staff working for an absent Resident off on their approved alternate designated holiday shall not be entitled to any premium pay for working the alternate holiday;
5. Where a Resident is scheduled to work their declared, designated holiday and does work as scheduled, the Resident shall be paid double (2X) their normal rate for the Easter Monday replacement day and in addition will receive another day off with pay; except for the Good Friday and Christmas Day replacement days when the remuneration shall be at the rate of double time and one-half (2.5X) their normal rate, and in addition will receive another day off with pay;If the declared, designated holiday falls within a Resident’s vacation, or on their regularly scheduled day off, or when they are on call as per Article 19.02, the Resident shall receive an alternative day off without loss of pay to be taken at a time by mutual agreement within the Academic Year;
6. Article 11.04 shall not apply where a Resident designates an alternate to Christmas. However, if service requirements can be met, consideration will be given to providing the Resident with at least five (5) consecutive days off during the twelve (12) day period referred to in Article 11.04.

Interpretation

If your vacation includes any statutory holiday, as listed in 11.01 or arranged as per 11.06, residents will receive a day in lieu. This day must be arranged within 12 months and mutually agreed upon between the resident and their program.

During the holiday period of Christmas and New Year’s, residents may choose to take five consecutive days off instead of three days in lieu for each separate statutory holiday. The five consecutive days account for Christmas Day, Boxing Day and New Year’s Day plus 2 weekend days – this applies to all residents regardless if they are scheduled to work on the statutory holidays or not.

As residents are entitled to receive five consecutive days off, they will not receive any additional lieu days should they work on any of the statutory holidays (Christmas, Boxing, or New Year’s Day).

12.01     Requests for unpaid, short-term, or extended leave of absence shall be made in writing to the Program Director and may be granted by the Employer on the recommendation of the Program Director.

Employer paid benefits do not continue during extended leaves.

12.02     Residents taking unpaid leave will have their vacation entitlement prorated using the formula set out in Article 13.04.

If an unpaid leave of absence or an accumulation of unpaid leaves of absence exceeds twenty (20) working days in a calendar year, benefits coverage under Article 15 will not apply. A Resident may maintain coverage for benefits under Article 15 of this Agreement for unpaid leave, including an unpaid leave arising from Article 5.04, exceeding twenty (20) working days by paying the Resident’s and the Employer’s share of the premiums for such coverage in advance of the unpaid leave of absence.

Interpretation

Any time away from residency training must be made up upon returning. This means that rotations that were not completed because of leave, must be completed in order to progress. It does not mean that the call not completed while away is due in addition to the regular scheduling.

13.01     Residents shall be paid for twenty (20) working days annual vacation. It is understood by the parties that twenty (20) working days means a benefit of four (4) calendar weeks; a week is defined as seven (7) consecutive days.

13.02     (a) The scheduling of vacations shall be determined by the Program Director in accordance with operational and educational requirements. Residents will submit their requests to the Program Director in writing. The approval of the vacation request shall not be unreasonably withheld taking into consideration the operational and educational requirements of the Program. A minimum of two (2) consecutive weeks’ vacation shall be granted to each Resident so desiring.

               (b) Subject to operational requirements, every effort will be made to permit a Resident at least their third choice for their vacation period.

               (c) A Resident shall not be scheduled for on-call duty on the weekend immediately preceding and immediately following a block of vacation where the block of vacation starts on a Monday and continues on uninterrupted and ends on a Friday.

13.03     Vacations shall be taken during the Resident’s period of appointment.

13.04     Residents with an appointment period of less than one (1) year shall receive vacations calculated as follows:

Days Paid to June 30th inclusive x The Resident’s Yearly Vacation Entitlement
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13.05     Part-time Residents will receive vacation pay according to the following:

Days Paid to June 30th inclusive x The Resident’s Yearly Vacation Entitlement
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13.06     Subject to operational requirements, when both spouses (including common-law) are Residents employed by the Employers they shall be entitled to take their vacation time together.

13.07     A common-law spouse includes a person living with a Resident as a spousal partner for a period of not less than one (1) year.

Interpretation

If a statutory holiday occurs during your vacation, you will receive a day in lieu as per Article 11.

Vacation also reduces the number of days on service for the purpose of call averaging, you cannot be scheduled to complete the maximum number of calls in a block where you take vacation.

14.01     A Resident who is on an educational rotation approved by the Program Director shall be entitled to portability of benefits specified below among Employers in which RDBC is certified as bargaining agent, or any other Employer mutually agreed upon by the parties to this Agreement.

14.02     The Employer in which the Resident has accumulated benefits shall be called Employer A, and the Employer recognizing such benefits shall be called Employer B.

(a) Vacation leave earned but not taken during previous appointment and accumulated at Employer A shall be credited by Employer B.

(b) Medical, Extended Health, and Dental shall be portable from Employer A to Employer B whether or not Employer B is a signatory of this Agreement, and appropriate arrangements shall be made to ensure continuity of coverage throughout the term of the

14.03     Benefits superior to those provided by the Agreement shall not be portable.

14.04     When a Resident is appointed to a Residency Program, in an immediately succeeding Academic Year without a break in the continuity of their training Program at an Employer where RDBC is certified, and which is a member of HEABC, their prior appointment with any Employer covered by the Agreement will be deemed to provide for portability and continuity of benefits contained in Articles 10 and 15.

Interpretation

Residents receive benefits regardless of the rotation site; as long as the resident is enrolled in a UBC residency program, as defined in Article 1, benefits will continue. For more information on what your benefits cover, contact the Pacific Blue Cross.

15.01     The Employer agrees to pay one hundred percent (100%) of the monthly premium for basic medical coverage for Residents and their dependents under a plan approved by the Medical Services Commission of B.C., or pay the equivalent of the cost of the B.C. Medical Services Plan premiums to private health insurers on behalf of those Residents who are working on employment visas at Employers covered by this Agreement.

15.02     Membership in the plan is a condition of continuing appointment for Residents who are not members or dependents of members of another approved medical plan.

15.03     A dependent of a Resident is a spouse (including common-law), child, adopted child, or legal ward, who is so classified for income tax purposes. If the plan agrees, the Resident may pay the full premium for non-dependents through payroll deduction.

15.04    Extended Health Plan

The Employer will pay ninety percent (90%) of the monthly premium and the Resident will pay ten percent (10%) of the monthly premium for extended health benefit coverage for Residents and their dependents under the existing Pacific Blue Cross plan or any other plan providing equivalent coverage; the deductible for extended health benefit coverage will be increased to $75.00. The plan benefits will include:

i) The maximum lifetime amount payable per eligible Resident or eligible dependent shall be unlimited; and,

ii) The allowance for vision care will be $225.00 every twenty-four (24) months per eligible Resident or eligible dependent; and,

iii) The allowance for hearing aids will be $600.00 every forty-eight (48) months per eligible Resident or eligible dependant.

iv) The Extended Health Direct Pay Card similar to “Bluenet”.

v) “A Medical Referral Transportation Benefit” comparable to standard plans that provide coverage for out-of-town travel for a Resident or dependent who is referred to a specialist or is referred for medical treatment.

vi) Reinstatement of PharmaCare-tie in is effective January 1, 2013 on prescription drugs; maintain exclusion of lifestyle drugs; add reference to low-cost alternatives and referenced-based priced drugs.

vii) Contraceptives (including oral, injectables and IUD).

15.05     The Employer will pay ninety percent (90%) of the monthly premium and the Resident will pay ten percent (10%) of the monthly premiums for dental benefits.

Coverage will be:

i) One hundred percent (100%) of the cost of the basic existing plan “A”;

ii) Sixty percent (60%) of the cost of the extended plan “B” and;

iii) Sixty percent (60%) of the cost of the extended plan “C” (Orthodontic Plan) subject to a lifetime maximum payment of $2,750.00 per eligible Resident or eligible dependant with no run-offs for claims after Termination of employment.

A Resident is eligible for orthodontic services under plan “C” after twelve (12) months’ participation in the plan.

The dental plan will cover Residents and their eligible dependants under the Pacific Blue Cross plan, or any other plan providing equivalent coverage.

15.06     The Dental Plan shall cover Residents, their spouses (including common law) and children who are eligible and acceptable to the plan, provided they are not enrolled in another comparable plan.

15.07     The Employer shall provide a mutually acceptable long-term disability insurance plan (the “Plan”). The Employer shall pay one hundred per cent (100%) of the premium. A copy of the Plan shall be attached as Appendix “A”.

The Plan design will include, among other things:

i) Coverage at 66.67% or greater

ii) 2 years own occupation

iii) Thereafter, any occupation

iv) To age 65 years

v) 5 month qualification period

vi) Indexing coverage for claimants for inflation every 4 years

vii) Successive disabilities as described in the Plan

viii) Continuation of coverage as described in the Plan

15.08    Group Life Insurance Plan
The plan shall provide basic life insurance in the amount of fifty thousand dollars ($50,000). Effective January 1, 2013, the Employer will pay ninety percent (90%) and the Residents will pay ten percent (10%) of the monthly premiums for The Group Life Insurance Plan.

15.09     A common-law spouse includes a person living with a Resident as a spousal partner for a period of not less than one (1) year.

15.10     Upon Termination of employment, all health and welfare benefits (except MSP) to which a Resident is entitled shall terminate.

15.11     Coverage under the above Plans becomes effective from the first day of the calendar month following the date of enrolment.

The Employer pays 100% of residents’ MSP premiums; coverage begins one month after residency enrolment (August 1st for most members).

The Employer pays 90% of premiums for extended health and dental benefits; residents pay 10%, which is automatically deducted from their pay. This amount is different for singles, couples, and families; contact Pacific Blue Cross for more information.

16.01  The Employer agrees to make every possible effort to provide reasonable facilities and opportunities within its jurisdiction necessary for Residency Programs according to the standards of the Royal College of Physicians and Surgeons of Canada, and the College of Family Physicians of Canada.

16.02     Medical Reference Facility

The Employer shall establish and maintain a basic medical reference facility accessible twenty-four (24) hours a day offering adequate reading and workspace, and such facility shall include a selection of current major medical texts and current journals.

16.03     Bulletin Boards

Each Employer covered by the certification shall provide a bulletin board in a suitable and accessible location to be determined by the Employer. The bulletin board will be for the purpose of posting notices by a RDBC representative.

16.04     Lockable Facilities

During the term of this Agreement, the Employer shall provide for every Resident lockable facilities for the storage of personal effects. The Employer may require that the Resident provide their own lock.

Subject to availability the Employer will attempt to make lockable storage available for placement of personal effects of Residents required to work in the Operating Rooms. The Employer is not required to install or modify existing locker facilities in order to satisfy its obligation under this provision. The Employer may require that the Resident provide their own lock.

16.05     Mail Slot

The Employer will provide a mail slot on the Employer’s premises.

16.06     On-Call Areas

The Employer will provide suitable on-call areas for those Residents who are on-site for assigned duties. The Employer shall endeavour to make provisions in its planning of expanded facilities to incorporate such consideration.

The on-call area shall have clean sheets and towels changed on a 24-hour basis; a door which locks from the inside; a bed; a bedside lamp; privacy; a telephone; a non-public shower with hot and cold running water; a non-public sink; a non-public toilet; a suitable desk; and, a chair. The Employer will make reasonable efforts to provide a conventional or hospital bed, private telephone and reasonable access to computer resources.

The location of on-call rooms provided will be in reasonable proximity to the patient care area, taking into account the need for privacy and quiet. The Employer recognizes that it is desirable to have such on-call areas located in proximity to certain critical patient care units.

Interpretation

Should one of the items in Article 16 not be adhered to, please contact Resident Doctors of BC.

The Employer agrees to provide without cost to the Resident the following necessities or amenities:

17.01     Uniforms
Uniforms which will be laundered by the Employer. The Employer may require the Resident to pay a refundable deposit for uniforms issued.

17.02     Pagers

The Employer shall provide those Residents who are on-call for assigned duties with a pocket pager.

In each Academic Year, the Employer will replace one lost or damaged pager for each Resident. The Resident is responsible for all costs associated with repairing or replacing any subsequent pagers in the Academic Year.

Interpretation

Should there be any issues with uniforms or pagers please contact Resident Doctors of BC.

18.01     Professional Liability
The Employer shall indemnify and save harmless from any pecuniary loss, any Resident who, in the course of their appointment with the Employer, incurs a legal liability to pay damages as a result of the duties carried out by the Resident under the aegis of the Employer. Copies of the appropriate rider to the Employers’ General Insurance Policy shall be provided to RDBC, and RDBC shall be advised of any significant changes to the policy which would affect the terms of liability coverage. The insurance carrier shall also be advised of the contents of this Article. In the event of an action involving a Resident, the Employer shall instruct the carrier to have due regard for the protection of the professional status of the Resident. In the event that several parties are named, the Employer will review with the carrier the possibility of providing the Resident with separate counsel.

18.02     CMPA
Effective January 1, 2013, all Residents will be required to maintain CMPA coverage at the Resident’s expense.

No reimbursement shall be provided by the Employer for the cost of CMPA dues. However, partial payment of CMPA dues may be made available to Residents in the 2018/2019 Academic Year from under-expenditure of the Total Expenditure for call availability as directed by RDBC.

18.03     IV, Blood Collection and Cardiograms

(a)    Residents will not be expected to perform IV and Blood Collection services on a regular and continuous

(b)    Residents will not be expected to perform cardiograms on a routine and continuous basis.

18.04     Parking
The Employer will provide at its expense, parking at the Hospital for Residents on-call who are called back to work. The Employer is not responsible for tickets for parking infractions. Residents may submit an expense statement of account for parking at the end of the applicable month.

18.05     Multiple Site On-Call Parking
When a Resident is required to be covering call between two (2) or more Hospitals, the Employer will either provide parking or reimburse the Resident for parking costs at the site(s) where they parked.

18.06     Damage to Personal Property
Upon submission of reasonable proof, the Employer shall repair or indemnify with respect to damage to personal property of a Resident while on duty caused by the actions of a patient; provided such personal property is an article of use or wear of a type suitable for use while on duty.

18.07     Theft of Residents’ Medical Equipment
The Employer shall replace required medical equipment which is stolen from secured storage locations. The onus is on the Resident to provide satisfactory proof of the theft. Such equipment must be required by the Employer and is not otherwise provided for the Resident to perform their duties. The Employer is not responsible for equipment lost through a Resident’s inadvertence.

18.08     UBC Registration
If, during the life of this Collective Agreement, the University of British Columbia should levy any tuition expenses over and above the registration fee of twenty dollars ($20.00), the Employer and RDBC agree to enter into discussions with the University of British Columbia with a view to ameliorating any economic hardship which might impact on the Resident as a result of said increase.

One aspect of “amelioration,” as referenced above, is joint representation on the prospect of new or increased tuition/fees. The parties agree to work jointly and proactively to make representations with whatever government department or agency is appropriate to ensure that the Government of British Columbia fully appreciates the economic hardship that would fall to a Resident from new or unreasonably increased tuition/fees.

18.09     Termination of Entitlements and Benefits
All entitlements and benefits of this Collective Agreement apply for the duration that the Resident is enrolled in a Residency Program unless otherwise specified.

Interpretation

CMPA is mandatory for all Residents. Please click here for more information.

Parking: Reimbursement for parking if administrated by the hospital, for forms, view the UBC website: https://postgrad.med.ubc.ca/current-trainees/resident-reimbursements/

19.01  

(A)   A Resident shall be scheduled by the Employer to work a reasonable number of hours. The Employer will undertake to limit the average number of hours, having due regard for sound patient care and treatment and the educational requirements of the Residency Program.

(B)   In the event that government, a regulatory body or tribunal, or an educational institution introduces legislation, regulations, rules, policies or guidelines regarding the hours or lengths of shifts that Residents may work or be scheduled to work, HEABC and RDBC will discuss forthwith any conflict between the legislation, regulations, rules, policies or guidelines and the provisions of this Agreement, and whether any consequential changes should be made to this Agreement.

(C)   In preparing schedules, the Employers will be governed by the following:

(1)   Scheduled duty assignments must be separated by not less than eight (8) non- working hours. For clarity, this does not include the scheduling of call shifts immediately following regular duty

(2)   There shall be at least two (2) twenty-four (24) hour periods of scheduled non- working time per two (2) week

(3)   Residents shall not work more than two (2) consecutive nights on-call in any seven (7) day period.

(4)   If, while on a shift of 24 hours or longer, a Resident is prevented from obtaining at least four (4) consecutive hours uninterrupted by any duty assignments for purposes of rest, the Resident shall be relieved of duty no later than 10:00 a.m., subject to the Resident’s obligation to ensure continuity of On any such shift, Residents may only be assigned clinical responsibilities that can reasonably be completed by 10:00 a.m., unless exigent circumstances, such as a patient emergency, necessitate the assignment of a duty that will require a Resident’s service subsequent to 10:00 a.m.

19.02     Process for Applying for Variation of Scheduling Principles
On those services or rotations where strict application of Article 19.01 may be in conflict with the educational and service requirements of the Residency Program, the parties agree to the following process to determine whether accommodations can be made:

(A)   The Employer of its own volition or on behalf of the Associate Dean, or a Program Director, may request variance to Article 19.01 specific to the rotation, or service.

(B)   An ad hoc committee will be struck of equal representation from RDBC and the Employer and should the Employer choose, a member from the Residency Program seeking an accommodation. Under no circumstances will that individual be a Resident Physician.

(C)   The committee will meet and make a best effort to find a mutual agreement to the issue before it.

(D)   A mutual agreement of the committee will be accepted as a variation to the Collective Agreement for the specific Resident(s) and without prejudice to the position of either party with respect to the meaning or interpretation of other terms of the Collective Agreement for the duration of the term of the Collective Agreement.

(E)   Such agreements will be confirmed in letters of understanding between the parties.

(F)   The committee will have thirty (30) days from the date that a request for an accommodation is made to meet and issue its decision.

Failing informal resolution, either RDBC on behalf of its members, or the Employer on behalf of the Residency Program, or singularly, within ten (10) days of taking the position that resolution cannot be reached may refer the matter to Julie Nichols or another individual by mutual agreement, for an expedited arbitration. The party referring the matter to the arbitrator shall ensure that the other party is notified.

The arbitrator will have the ability to seek clarification from the parties.

All decisions of the arbitrator are to be limited in application to that particular dispute and are without prejudice. Those decisions shall have no precedential value and shall not be referred to by either party in any subsequent proceeding.

Each party shall submit to the arbitrator its written position, rationale, and any supporting documentation within ten (10) days of referring the matter to arbitration. All presentations are to be short and concise and are to include a comprehensive opening statement. The parties agree to make limited use of authorities during their presentation.

The arbitrator will issue a final and binding award within ten (10) days of receiving the submissions of the parties. The award shall be short and concise.

The parties shall share equally the fees and expenses of the arbitrator.

It is understood that it is not the intention of either party to appeal a decision under this section.

With the passage of time the basis upon which an arbitrator made his decision may change. If the basis for the decision changes, either party may reinitiate the process up to and including referral to expedited arbitration.

RDBC retains the right to file a grievance regarding violations to Article 19.01. Should that occur, the process outlined in this article shall apply.

19.03     Definition of Weekend
Weekend is defined as the time period from 8:00 a.m. Saturday to 8:00 a.m. Monday.

19.04     Flexible Days Off

As of July 1, 2012, each Resident may take two (2) paid flexible days off (FDO) per Academic Year. Part-time Residents will receive FDOs on a pro-rata basis to their part- time equivalency in the Residency Program.

FDOs are not to be paid out and cannot be carried over to the next Academic Year. In the event that an FDO is not used in the Academic Year in which it is granted it will be forfeited and will not accrue any liability on the part of the Employer.

It is the responsibility of the Resident to ensure that the use of a FDO does not result in a failure to meet the requirements of a Residency Program. The scheduling of FDO’s will be as agreed by the Resident and the Program Director.

Interpretation

Schedules are governed by the scheduling rules of Article 19; if you feel that you are being scheduled incorrectly please contact Resident Doctors of BC as soon as possible.

If a Resident is on leave or takes a vacation within a block, those days are subtracted from the 1:4 (in-hospital) and 1:3 (out-of-hospital) maximum on-call shifts. Your program is not allowed to schedule you more frequently if you are away from the workplace for any amount of time.

20.01 Definitions

Call Shifts

“Evening Call Shift” means In-Hospital Call scheduled for and lasting from 5:00 p.m. to 11:00 p.m.

“Overnight Call Shift” means In-Hospital Call or Out-of-Hospital Call scheduled for and lasting twelve (12) hours or more, of which one full hour is after 11:00 pm and before 6:00 a.m.

“Weekend Day Call Shift” means In-Hospital Call scheduled for and lasting a minimum of eight (8) hours during regular working hours of service between 8:00 a.m. Saturday and 8:00 a.m. Monday and on holidays.

“Full Weekend Call Shift” means In-Hospital Call or Out-of-Hospital Call that is scheduled to start on Saturday 8:00 a.m. and end on Monday 8:00 a.m. and is provided, will be considered to be two call shifts.

“In-Hospital Call” means the Resident is scheduled to be immediately available to provide clinical services and is required to remain in the hospital for the scheduled call time period. In-Hospital call does not include “day call” during regular working hours of service Monday to Friday.

“Out-of-Hospital Call” means the Resident is scheduled to be available, but not required to remain onsite for the scheduled call time period. If onsite attendance is needed, the Resident shall be required to come in. Out-of-Hospital call does not include “day call” during regular working hours of service Monday to Friday.

“Immediately Available” means the Resident is expected to be immediately available (i.e. must attend within fifteen (15) minutes of being paged), in which case, call will be considered to be on-site (in-Hospital) call, and adhere to the one-in-four (1:4) schedule, averaged over three months.

“Converted Call” means the Resident is scheduled for Out-of-Hospital Overnight Call, but is required to work more than four (4) consecutive hours on site during the call period, of which more than one (1) hour is past 11:00 p.m. and before 6:00 a.m.

20.02    Call Scheduling

(A)   Termination of call requirements and scheduling of call within Residency Programs are Academic matters. The call schedules shall be circulated by the Residency Programs one month prior to the period shown in the call schedule to RDBC, to the Working Group and to those Residents scheduled to be on call. The Residency Program will attempt to advise the Resident of any changes to the schedule two weeks in advance.

(B)   Call Shifts must comply with the following call scheduling rules:

(1)  Overnight Call Shifts and Weekend Day Call Shifts that are In-Hospital Call shall be scheduled on a one (1) in four (4) basis and shall be administered as follows:

The number of days on service reflects the number of working days subtracting any time the Resident is away from the workplace for any reason including vacation and leaves:

11-14 days on service – 3 calls
15-18 days on service – 4 calls
19-22 days on service – 5 calls
23-26 days on service – 6 calls
27-29 days on service – 7 calls
30-34 days on service – 8 calls
35-38 days on service – 9 calls

(2)  Overnight Call Shifts that are Out-of-Hospital Call shall be scheduled on a one in three (3) basis and shall be administered as follows:

The number of days on service reflects the number of working days subtracting any time the Resident is away from the workplace for any reason including vacation and leaves:

11-14 days on service – 4 calls
15-18 days on service – 6 calls
19-22 days on service – 7 calls
23-26 days on service – 8 calls
27-29 days on service – 9 calls
30-34 days on service – 11 calls
35-38 days on service – 12 calls

(3)  Full Weekend Call Shifts that are In-Hospital Call shall be scheduled on a one (1) weekend in four (4) basis. Full Weekend Call Shifts that are Out of Hospital Call shall be scheduled on a one (1) in three (3) basis.

(4)  The following rules apply to 20.02(b)(1) – (3) above:

(A)  For further increases in days on service, the maximum number of call during the period will be determined by dividing the number of days. For example, for one-in-four (1:4) it would be the total number divided by four (4), and for one-in-three (1:3) it would be the total number divided by three (3).

(B)  The maximum averaging period is three (3) months even when the rotation is longer than three (3).

(5)  Pregnancy – If recommended in writing by their treating physician, midwife or nurse practitioner, pregnant Residents shall not be scheduled for call after the twenty-fourth week of gestation. If a Resident is relieved of call as a result of this provision she shall not, post-pregnancy, be required to make up the call that was missed.

Interpretation

In most cases, “regular working hours of service” are understood to be 8 am – 5 pm, Monday through Friday.

For call stipend inquiries please see the call stipend FAQ or contact schedules@residentdoctorsbc.ca

Memorandum of Agreement Re: Redesign of current payment model for On-call/Callback. Please see Call Stipends FAQ for instructions on how to be paid for your on-call shifts.

How much do I get paid for each call period?

In-Hospital call: $120 (M-F), $180 (Sat, Sun)

Out-of-Hospital call: $60 (M-F), $90 (Sat, Sun)

Converted call: $120(M-F), $180 (Sat, Sun)

Weekend Day call: $90

Evening call: $60

Parking/Mileage reimbursement is administered by VCH Finance. You can get the form on the UBC website: https://postgrad.med.ubc.ca/current-trainees/policies-procedures/resident-reimbursements/

21.01     Definitions
Call Funds

“Actual Expenditures” means the expenditures for call payments, excluding any expenditures of the Additional Call Funds, but including RDBC’s reasonable labour costs to administer the call payment scheme, incurred in each Academic Year.

“Additional Call Funds” means a discrete funding pool consisting of the following amounts:

(a) July 1, 2019 – June 30, 2020 – $430,000

(b)  July 1, 2020 – June 30, 2021   – $400,000

(c) July 1, 2021 – June 30, 2022 – $870,000

“Projected Actual Expenditures” means the expenditures for call payments, excluding any expenditures of the Additional Call Funds, but including RDBC’s reasonable labour costs to administer the call payment scheme, incurred in the first half of each Academic Year, multiplied by two.

“Reserve Funds” means an amount of $100,000, available as of July 1, 2019 for the sole purpose of supplementing the Total Expenditure.

“Total Expenditure” means the total funding available for call payments in each Academic Year, excluding the Additional Call Funds and the Reserve Funds. The Total Expenditure for the 2018/19 Academic Year was $5,142,153. The amount of funding comprising the Total Expenditure in each subsequent Academic Year will vary from the Total Expenditure for the 2018/19 Academic Year proportionately on the basis of a change to the number of Residents enrolled in the Residency Programs, and will be set prior to the commencement of each Academic Year.

21.02     Additional Call Funds
The provisions set out in this article regarding call scheduling, payment eligibility and administration and expenditure management do not apply to the Additional Call Funds, which are to be administered by the Working Group established in the MOU Re Call Workload and Scheduling (“Working Group”).

21.03     Payment Eligibility

(A)   Prior to the start of the 2019/2020 Academic Year, the call payment rates set out in the 2014-2019 Collective Agreement apply and consist of the following:

(1)  Overnight Call Shift that is an In-Hospital Call – $100

(2)  Overnight Call Shift that is an Out-of-Hospital Call – $50

(3)  Weekend Day Call Shift and Evening Call Shift that are In-Hospital Call – $50

(4)  Converted Call Shift – $100

(5)  Full Weekend Call Shift that is an In-Hospital Call – $200

(6)  Full Weekend Call Shift that is an Out-of-Hospital Call – $100

(B)   For the 2019/2020 Academic Year, the 2020/2021 Academic Year and the 2021/2022 Academic Year, subject to Article 21.05 (b) and (d) below, as applicable, the following call payment rates apply:

(1)  Overnight Call Shift that is an In-Hospital Call – $120

(2)  Overnight Call Shift that is an Out-of-Hospital Call – $60

(3)  Weekend Day Call Shift and Evening Call Shift that are In-Hospital Call – $60

(4)  Converted Call Shift – $120

(5)  Full Weekend Call Shift that is an In-Hospital Call – $240

(6)  Full Weekend Call Shift that is an Out-of-Hospital Call – $120

21.04    Payment Administration

(A)   Each Resident claiming payment for call shall submit the monthly reimbursement form to the RDBC office with signed verification by the Resident of the accuracy of the call information and claim for payment.

(B)   RDBC shall submit the Residents’ claims for payment to the paying agency in a manner acceptable to the paying agency so it can process payments to Residents on a timely basis.

(C)   RDBC shall be compensated for its reasonable labour costs for administering this call payment scheme.

(D)   The protocols and administrative processes necessary for the implementation of this Call Payment Scheme were developed by a Joint Implementation Committee (“JIC”) comprised of two representatives from HEABC and two representatives from RDBC. The JIC shall continue to exist and will meet on an as needed basis and the protocols and administrative processes developed by the JIC will continue to apply.

21.05  Expenditure Management

(A)   If, at the end of the 2018/2019 Academic Year,

(1)  The Total Expenditure is at least $200,000 greater than the Actual Expenditures, the difference between them minus a contingency of 1% will be distributed in accordance with the Memorandum of Agreement Re: Professional Expenses Benefit and the 1% contingency will be added to the Total Expenditure for the proceeding Academic Year;

(2)  The Total Expenditure exceeds the Actual Expenditures by less than $200,000, the surplus amount will be added to the Total Expenditure for the following Academic Year; or

(3)  The Actual Expenditures exceed the Total Expenditure, the over-expenditure will be ameliorated by:

(A)  Adding the Reserve Funds to the Total Expenditure; and, if necessary;

(B)  Subject to Article 21.05(b) below, reducing the call payment rates commencing as close as practicable to the start of the following Academic Year, such that the projected over-expenditure should be recovered over the course of the following Academic Year.

(B)   HEABC will inform RDBC in writing of any proposed reduction to the call payment rates pursuant to Article 21.05(a)(iii) above, as soon as practicable. If a reduction to the call payment rates is proposed, within 15 days of being notified, RDBC may request that HEABC consider certain alternatives to reducing the call payment rates, which HEABC will consider before making a final decision on the rates.

(C)   Subject to Article 21.05 (e) below, the following provisions take effect at the start of the 2019/2020 Academic Year, and apply for the 2020/2021 Academic Year and the 2021/2022 Academic Year:

(1)  At the conclusion of the first half of the Academic Year, HEABC will determine the call payment rates for the following Academic Year. If the Projected Actual Expenditures exceed the Total Expenditure by more than $200,000, subject to Article 21.05(d) below, the projected over-expenditure will be ameliorated by:

(A)  Adding any available Reserve Funds to the Total Expenditure and, if necessary;

(B)  Reducing the call payment rates commencing at the start of the following Academic Year, such that the projected over-expenditure should be recovered over the course of the following Academic Year.

(2)  If, at the end of an Academic Year,

(A)  The Total Expenditure is at least $200,000 greater than the Actual Expenditures, the surplus amount minus a contingency of 1% will be added to the Additional Call Funds for the following Academic Year and the 1% contingency amount will be added to the Total Expenditure for the following Academic Year;

(B)  The Total Expenditure is no more than $200,000 greater than the Actual Expenditures, the surplus amount will be applied to the Total Expenditure for the following Academic Year; or

(C)  The Total Expenditure is less than the Actual Expenditures, the over- expenditure will be ameliorated by:

(1)  Adding any available Reserve Funds to the Total Expenditure and, if necessary;

(2)  Deducting the over-expenditure from the Total Expenditure for the following Academic Year.

(D)  HEABC will inform RDBC in writing of any proposed reduction to the call payment rates pursuant to Article 21.05(c)(i) above, prior to the commencement of the upcoming Academic Year, as soon as practicable following the University of British Columbia’s determination of the number of Residents enrolled in the Residency Programs for the upcoming Academic Year. If a reduction to the call payment rates is proposed, within 30 days of being notified, RDBC may request that HEABC consider certain alternatives to reducing the call payment rates, which HEABC will consider before making a final decision on the rates.

(E)  Any Reserve Funds remaining at the conclusion of the 2020/2021 Academic Year will be paid out as part of the Professional Expense Benefit for that Academic Year.

(F)  The following provisions apply for the duration of the term of the Collective Agreement:

(1)  The Employer has the right to audit the call data at the level of individual Resident and/or administrative processes for which RDBC has responsibility.

(2)  In order for HEABC to determine if a reduction to the call payment rates is warranted for an Academic Year in accordance with Article 21.05(a)(iii) or Article 21.05(c)(i) above, RDBC will provide HEABC with a record of all claims submitted for payment by Residents and paid out by RDBC as soon as practicable and no later than two months subsequent to the conclusion of each block. RDBC will also provide HEABC with a record of all claims submitted for payment by Residents that were rejected for payment by RDBC as soon as practicable and no later than two months subsequent to the conclusion of each block.

Interpretation

Many resident questions that affect payroll can first be addressed by the resident’s program office, as the program office submits forms for chief allowances, leaves, and statutory days worked. However, there may be times when residents need to contact the Payroll office:

Tel: 604-297-8683 (toll free: 1-866-875-5306, press 2 for Payroll)
Fax: 604-297-9311
Email: payrollvch@hssbc.ca
 

22.01     Mileage
A Resident, scheduled by the Program Director to be on-call (off site) and who is called back shall receive:

(A)  an allowance of fifty cents ($0.50) per kilometer; or

(B)  taxi fare from home to the hospital and return.

The minimum allowance shall be two dollars ($2.00) per each round trip.

22.02     Administrative Allowance

Definitions

“Chief (Administrative) Resident” means a Resident formally designated by their Program Director as the Chief (Administrative) Resident, who is responsible for certain administrative functions on behalf of a designated number of residents enrolled and actively engaged in the Residency Program.

“Master Chief Resident” means the Resident formally designated by their Program Director as the Master Chief Resident for the following list of Residency Programs with Distributed Residency Training Tracks:

(A)  Family Medicine

(B)  Psychiatry

(C)  Emergency Medicine

(D)  Internal Medicine

(C)  Pediatrics

The Master Chief Resident (s) have responsibility for certain Residency Program-wide initiatives.

Family Medicine will have two Master Chief Resident positions, with each being allocated a Master Chief Resident stipend, these positions are:

(D)  IMG Family Practice Master Chief

(C)  CMG Family Practice Master Chief

General

(A)  The designation of Residents as Chief (Administrative) Resident, and Master Chief Resident (collectively, “Chief Resident Positions”) are Academic matters. The appointment of Residents to any of the Chief Resident Positions must be approved in writing by the Associate Dean before they are effective.

(B)  No Resident may hold more than one of the Chief Resident Positions at one time, with one exception: Master Chief Residents may also serve as Chief (Administrative) Resident for their Residency Program.

(C)  The administrative allowances and stipends described below shall be increased by the same percentage and at the same time as the general wage increases.

(D)  In the event that the Associate Dean advises the Employer that a Resident holds one of the Chief Resident Positions for only part of an Academic Year, or if two (2) Residents are co-appointed to one of the Chief Resident Positions, the Employer will pro-rate the amount of the allowance accordingly. Further co-sharing of the Chief Resident Positions and prorating of the payments will only be permitted in exceptional circumstances with approval by the Associate Dean.

Master Chief Resident

(E)  The Employer shall pay the Master Chief Residents an annual administration stipend of $2,000 as compensation for assigned administrative functions including but not limited to the following:

(1)  Acting as the liaison between Residents and Chief (Administrative) Residents in the Residency Program about specific issues;

(2)  Coordinating Resident representatives on committees;

(3)  Representing the Residency Program (across all sites) at meetings;

(4)  Communicating Resident issues arising within the Program to the Program Director;

(5)  Assisting with Resident orientation;

(6)  Organizing regular Chief Resident meetings; and

(7)  Coordinating Resident input for accreditation.

Chief (Administrative) Resident

(F)  The Employer shall pay the Chief (Administrative) Resident an administrative allowance as compensation for assigned administrative functions including, but not limited to, the following:

(1)  The preparation of all schedules and on-call rotations;

(2)  Organizing and scheduling of department rounds;

(3)  Acting as liaison between house staff and senior staff;

(4)  Acting as a resource person for Residents for the purpose of teaching, supervision, peer review, appointments to appropriate committees; and

(5)  Attendance at meetings as required to discuss matters related to the Residency Programs.

(G)  The Chief (Administrative) Resident’s administration allowance will be paid on a monthly basis in accordance with the chart below. The amount if based on the number of full-time equivalents in the Residency Program for which the Resident is the Chief (Administrative) Resident:

First Pay Period After April 1, 2019

23.01     RDBC Schedule
The parties agree to the following wage increase for all employees for the 2019-2022 Collective Agreement:

(A)  Effective the first pay period after April 1, 2019     2.0%

(B)  Effective the first pay period after April 1, 2020     2.0%

(C)  Effective the first pay period after April 1, 2021      2.0%

The schedule will be as follows and will be adjusted to reflect the general wage increases in accordance with the dates set out above:

First Pay Period After April 1, 2019

Categories of Residents

The status of a Resident is an Academic matter to be determined by the Program Director and/or the Associate Dean.

The Residency Program level to which a Resident is assigned shall be in accordance with the requirements of the Royal College of Physicians and Surgeons of Canada or the College of Family Physicians of Canada. The appointment of a Resident shall be within the sole discretion of the Associate Dean of the Faculty of Medicine at the University of British Columbia. Upon approval by the Associate Dean, the Employer will pay a Resident in accordance with the following level definitions:

Definitions

R-1 A Resident who is in the first year of a Residency Program

R-2 A Resident who is in the second year of a Residency Program

R-3 A Resident who is in the third year of a Residency Program

R-4 A Resident who is in the fourth year of a Residency Program

R-5 A Resident who is in the fifth year of a Residency Program

R-6 A Resident who is in the sixth year of a Residency Program

R-7 A Resident who is in the seventh year of a Residency Program

A Resident, prior to an appointment, shall be advised by the Program Director or Associate Dean into which of the categories they are appointed.

A Resident who changes training programs during an appointment year shall be immediately reclassified based on credit given for the previous training as determined by the Royal College of Physicians and Surgeons of Canada, the College of Family Physicians of Canada, or the College of Physicians and Surgeons of B.C.

Sub-specialty training shall be viewed as a progression of a Residency Program, and, as such, a Resident shall continue to progress incrementally through the Resident categories for the duration of the training.

23.02     Statement of Wages

The Employer may opt to provide a Resident with the statement of wages electronically rather than with a paper copy.

First Pay Period After April 1, 2021

This Agreement shall be effective from April 1, 2019, and shall remain in force and be binding upon the parties until the expiry date of March 31, 2022, and thereafter from year to year subject to the right of either party to give written notice to the other party pursuant to Section 47 of the Labour Relations Code of British Columbia. The Agreement shall remain in force during negotiations until a new Agreement comes into effect.

All changes to the collective agreement shall be effective on the first pay period following ratification unless otherwise specified in the settlement.

Finally, it is agreed that the operation of Subsection 2 of Section 50 of the Labour Relations Code of British Columbia is excluded from this Agreement.

Interpretation

The current Collective Agreement is in place until March 31, 2022. Should the agreement expire before a new agreement is reached, the current agreement will stand until a new agreement is ratified.

The parties subscribe to the Human Rights Code of British Columbia.

Consistent with the principles of the Human Rights Code of British Columbia, the parties recognize the right of Residents to work in an environment free from harassment, including sexual harassment, and the Employer shall take such actions as are necessary with respect to any person employed by the Employer engaging in harassment in the workplace.

Harassment includes any conduct, comment, gesture, or contact based on any of the prohibited grounds of discrimination that is likely to cause offence or humiliation to any person, or that might, on reasonable grounds, be perceived as placing a condition on employment or any opportunity for training or promotions.

Interpretation

Residents can also seek help at the Dean of Equity and Professionalism’s office at UBC if they are experiencing discrimination of any type at work.  UBC’s policies on discrimination can be found on their website.

Any type of discrimination or harassment is not tolerated by UBC as an institution, and residents are encouraged to speak with someone should they encounter any unfair practices at work. All information involved is completely confidential.

Resident Doctors of BC can also provide assistance to residents who experience Human Rights violations, and can, if needed, support them through the Human Rights Tribunal process.

Further support is available through the Employee and Family Assistance Program, Physicians Health Program, and the UBC Wellness Office.

Upon return from leave referred to in Article 9, a Resident shall resume training at the same residency level in the same program. They shall be provided the opportunity to complete the required training.

This provision is subject to the Resident giving reasonable notice to the Employer regarding start and end dates of the leave referred to above. The Resident and the Program Director shall agree on the schedule for completion of training.

Interpretation

Should there be any issues or questions please contact Resident Doctors of BC.

A Resident subpoenaed for jury duty or as a witness shall be placed on leave of absence for the period required for court duty. All benefits of the agreement continue to accrue during this period of leave of absence and they shall continue to receive regular pay. The Resident shall turn over to the Employer any witness or jury fees received as a result of being subpoenaed, providing these do not exceed the Resident’s regular pay for the period of leave. Should the Resident receive any fees which exceed their regular pay the Resident shall keep this money.

Where a Resident is party to the proceedings and is required to appear in court, the Employer shall grant the Resident an unpaid leave of absence.

Interpretation

A resident on court duty is guaranteed to receive their full pay, unless they are a party to the proceedings, in which case they are on unpaid leave.

Those Residents who are required, as part of their training, to leave the base Hospital on mandatory rotations will be reimbursed for reasonable travel and accommodation expenses.

Reference – Letter of Understanding – Re: Distributed Training Locations.

Interpretation

More information can be found in the Letter of Understanding – Re: Distributed Training Locations.

In the event that a reduction in funding requires the Employers to reduce the number of residency positions, the Employers will ensure to the greatest degree possible that no lay-off of current Residents shall occur.

To accommodate reductions required by reduced funding the Employers will first reduce positions allocated to new entrants into Residency Programs.

Interpretation

If reduced funding necessitates reducing the number of residency positions, new match positions will be eliminated first, to avoid laying-off current residents.

30.01     Hepatitis B vaccination will be provided to Residents upon request.

30.02     Where Residents are exposed to infectious or communicable diseases for which there are proven, protective immunizations, available, such immunization will be provided at no cost to the Resident.

30.03     All Residents are required to present an immunization profile to the Employer which would include a history of immunizations for: hepatitis B, measles, mumps, rubella and DPT unless a Resident’s physician has advised in writing that such a procedure may have an adverse effect on the Resident’s health. Rubella is an exception where the Resident is of the opinion that a pregnancy is possible.

30.04     All Residents are expected to have yearly influenza immunizations unless medically contraindicated.

Interpretation

Residents are required to get necessary immunizations before starting residency.

A Resident will be entitled, upon providing reasonable notice, to access their payroll records and/or personnel file maintained by the Employer. Upon request, a Resident shall be given copies of pertinent documents. A representative of the Union shall, upon submission of written authorization of the Resident, be given access to the payroll records in order to facilitate the investigation of a grievance.

Interpretation

Residents are entitled to their payroll records

A paystub should be mailed to you every 2 weeks, if you have not received a paystub, please contact PHSA (Provincial Health Services Authority).

32.01     The Employer and RDBC agree to work together in the promotion of safe working conditions, prevention of workplace injuries and the promotion of safe work practices.

The Employer and RDBC will work together to ensure that Residents have clarity with respect to how to access appropriate Occupational Health Services in the event of work related injury or illness.

Where a Resident reports an illness or injury to the Employer, the Resident will be treated the same as other employees at the worksite where the incident occurred for all purposes relating to the illness or injury, including first aid eligibility and treatment at the worksite, and workers compensation arising from the illness or injury.

Interpretation

Any workplace injuries need to be reported and an incident report completed.

Documentation is vital to WorkSafeBC and your own protection if an injury persists. You must report needle stick injuries.

33.01     The Employers will make available copies of the Collective Agreement in booklet form to Residents. The cost of printing will be shared equally between HEABC and RDBC.

Interpretation

Please contact the office if you would like a booklet copy of the Collective Agreement at info@residentdoctorsbc.ca

Section 1     Eligibility

(A) Regular full time and regular part-time employees who are on staff April 1, 2019, or who join the staff following this date shall, become members of the Long-Term Disability Plan as a condition of employment, effective the first day of the calendar month following the date of enrolment.

(B) Seniority and Benefits – Seniority accumulation and benefit entitlement for employees on long-term disability shall be consistent with the following provisions:

Any employee granted unpaid leave of absence totalling up to twenty (20) work days in any year shall continue to accumulate seniority and all benefits and shall return to his/her former job and increment step.

If an unpaid leave of absence or an accumulation of unpaid leaves of absence exceeds twenty (20) work days in any year, the employee shall not accumulate benefits from the twenty-first (21^st) day of the unpaid leave to the last day of the unpaid leave but shall accumulate benefits and receive credit for previously earned benefits upon expiration of the unpaid leave.

Upon return to work following recovery, an employee who was on claim for less than twenty-four (24) months shall continue in his/her former job; an employee who was on claim for more than twenty-four (24) months shall return to an equivalent position.

Employees on LTD who have exhausted all sick leave credits and in addition have been granted twenty (20) work days unpaid leave shall be covered by the Medical, Extended Health Care, and Dental Plans provided they pay their share of the premiums for such coverage in advance on a monthly basis.  Employees may choose to maintain any or all of such plans.  Premiums for Medical, Dental, and Extended Health insurance will be cost shared by the Employer and claimant on a 50-50 basis, under the same conditions as outlined above.

Group Life Insurance – Employees on LTD shall have their group life insurance premiums waived and coverage under the Group Term Life Insurance Plan shall be continued.

Section 2 – Waiting Period and Benefits

(A)       Employees Disabled on or after April 1, 2019

(1)        In the event an employee, while enrolled in this Plan, becomes totally disabled on or after April 1, 2019 as a result of an accident or sickness, then, after the employee has been totally disabled for five (5) months the employee shall receive a benefit equal to seventy per cent (70%) of the first $4,028 of the pre-disability monthly earnings and fifty per cent (50%) on the pre-disability monthly earnings above $4,028 or 66-2/3% of pre-disability monthly earnings, whichever is more. The $4,028 level is to be increased annually by the increase in the weighted average wage rate for employees under the collective agreement for the purpose of determining the benefit amount for eligible employees as at their date of disability.

It is understood that this adjustment will only be applied once for each eligible employee, i.e., at the date of the disability, to determine the benefit amount to be paid prospectively for the duration of entitlement to benefits under the LTD plan.

(2)        In the event that the benefit falls below the amount set out in Section 2(A)(1) above for the job that the claimant was in at the time of commencement of receipt of benefits, LTD benefits to be adjusted prospectively to seventy per cent (70%) of the first $4,028 of the current monthly earnings and fifty per cent (50%) on the current monthly earnings above $4,028 or 66-2/3% of current monthly earnings, whichever is more based on the wage rate in effect following review by HBT every four years.  (Note: the $4,028 figure will be adjusted as set out in Section 2(A)(1) above).

(B)       All Claimants

For the purposes of the above, earnings shall mean basic monthly earnings (including isolation allowances where applicable) as at the date of disability.  Basic monthly earnings for regular part-time employees shall be calculated on the basis of the employee’s average monthly hours of work for the twelve-month period or such shorter period that the employee has been employed, prior to the date of disability, multiplied by his/her hourly pay rate as at the date of disability.

The long-term disability benefit payment shall be made so long as an employee remains totally disabled and shall cease on the date the employee reaches age sixty-five (65), recovers, dies, or is eligible for early retirement, whichever occurs first.

(C)       Employees who still have unused sick leave credits after the waiting period when the LTD benefit becomes payable shall have the option of:

(1)        exhausting all sick leave credits before receiving the LTD benefit;

(2)        using sick leave credits to top off the LTD benefit; or

(3)        banking the unused sick leave credits for future use.

(D)       Employment status during the intervening period between expiration of sick leave credits and receipt of long-term disability benefits:

Employees who will be eligible for benefits under the Long-Term Disability Plan shall not have their employment terminated; following expiration of their sick leave credits they shall be placed on unpaid leave of absence until receipt of long-term disability benefits.

(E)       Employees are not to be terminated for non-culpable absenteeism, while in receipt of LTD benefits.

Section 3 – Total Disability Defined

(A)       Employees Disabled on or after April 1, 2019

Total Disability, as used in this Plan, means the complete inability because of an accident or sickness, of a covered employee to perform the duties of his/her own occupation for the first two (2) years of disability. Thereafter, an employee who is able by reason of education, training, or experience to perform the duties of any gainful occupation for which the rate of pay equals or exceeds seventy per cent (70%) of the current rate of pay for his/her regular occupation at the date of disability shall no longer be considered totally disabled under the Plan.  However, the employee may be eligible for a Residual Monthly Disability Benefit.

Residual Monthly Disability Benefit

The Residual Monthly Disability Benefit is based on 85% of his/her rate of pay at the date of the disability less the rate of pay (the minimum being equal to seventy per cent (70%) of the current rate of pay for his/her regular occupation) applicable to any gainful occupation that the employee is able to perform. The Residual Monthly Disability Benefit will continue until the rate of pay (the minimum being equal to seventy per cent (70%) of the current rate of pay for her regular occupation) applicable to any gainful occupation that the employee is able to perform equals or exceeds 85% of the rate of pay for his/her regular occupation at the date of the disability. The benefit is calculated using the employee’s monthly LTD net of offsets benefit and the percentage difference between the 85% of the employee’s rate of pay at the date of disability and the rate of pay (the minimum being equal to seventy per cent (70%) of the current rate of pay for her regular occupation) applicable to any gainful occupation that she is able to perform.

Example:

(B)       All Claimants

(1)        Total disabilities resulting from mental or nervous disorders are covered by the Plan in the same manner as total disabilities resulting from accidents or other sicknesses.

(2)        During a period of total disability an employee must be under the regular and personal care of a legally qualified doctor of medicine.

(3)        Commitment to Rehabilitation

In the event that an employee is medically able to participate in a rehabilitation activity or program that:

(a)        can be expected to facilitate his/her return to his/her own job or other gainful occupation; and

(b)        is recommended by HBT or another rehabilitation service provider and approved as a Rehabilitation Plan, then,

the entitlement to benefits under the LTD Plan will continue for the duration of the Approved Rehabilitation Plan as long as he/she continues to participate and cooperate in the Rehabilitation Plan.  If the Plan involves a change in own occupation, the LTD benefit period will continue at least until the end of the first two (2) years of disability.  In addition, the employee may be eligible for the Rehabilitation Benefit Incentive Provision.

The Rehabilitation Plan will be jointly determined by the employee (and, if the employee chooses, his/her union) and HBT or another rehabilitation service provider.  In considering whether or not a rehabilitation plan is appropriate, such factors as the expected duration of disability, and the level of activity required to facilitate the earliest return to a gainful occupation will be considered along with all other relevant criteria.  A rehabilitation plan may include training.  Once the Rehabilitation Plan has been determined, the employee and the HBT or another rehabilitation service provider  will jointly sign the Terms of the Rehabilitation Plan which will, thereby, become the Approved Rehabilitation Plan and the employee’s entitlement to benefits under the LTD plan shall continue until the successful completion of the Approved Rehabilitation Plan, provided the eligible employee is willing to participate and cooperate in the Approved Rehabilitation Plan.  In addition, the employee may be eligible for any, or all, of the Rehabilitation Benefit Incentive Provisions.

(4)        Rehabilitation Review Committee

(a)        In the event that the eligible employee does not agree:

(i)         with the recommended rehabilitation plan, or,

(ii)        that he/she is medically able to participate and cooperate in the Rehabilitation Plan as defined in the Terms of the Rehabilitation Plan, then,

to ensure benefit entitlement under the LTD Plan, the employee must either:

(iii)       be able to demonstrate reasonable grounds for being unable to participate and cooperate in a rehabilitation plan; or,

(iv)       appeal the dispute to the Rehabilitation Review Committee for a resolution.

(b)        During the appeal process, the employee’s benefit entitlement under the LTD Plan shall not be suspended.

The Rehabilitation Review Committee shall be composed of three qualified individuals who, by education, training, and experience are recognized specialists in the rehabilitation of disabled employees.  The Committee members shall be composed of one (1) Employer nominee, one (1) union nominee and a neutral chair appointed by the nominees.  The purpose of the Rehabilitation Review Committee shall be to resolve the appeal of an eligible employee who:

(i)         does not agree with the recommended Rehabilitation Plan; or,

(ii)        does not agree that he/she could medically participate in the Rehabilitation Plan.

During the appeal process, the eligible employee’s entitlement to benefits under the LTD Plan shall continue until the Committee has made its decision. The decision of the Committee shall determine whether or not the eligible employee is required to participate and cooperate in the Rehabilitation Plan approved by the Committee.  In the event that the eligible employee does not accept the Committee’s decision his/her entitlement to benefits under the LTD Plan shall be suspended until such time as the eligible employee is willing to participate and cooperate in the Approved Rehabilitation Plan.

(5)        Rehabilitation Benefit Incentive Provisions

(a)        An employee who has been unable to work due to illness or injury and who subsequently is determined to be medically able to:

(i)         return to work on a gradual or part-time basis

(ii)        engage in a physical rehabilitation activity; and/or

(iii)       engage in a vocational retraining program shall be eligible for any, or all, of the Rehabilitation Benefit Incentive Provision.

(b)        The intent of the Provision is to assist the employee with a return to a gainful occupation.  In many situations, an employee who returns to work by participating and cooperating in an Approved Rehabilitation Plan will be able to increase his/her monthly earnings above the LTD benefit amount.  The objective of the Rehabilitation Benefit Incentive Provision is to promote the successful completion of the Rehabilitation as follows:

(i)        The employee, who upon return to gainful rehabilitative employment under an Approved Rehabilitation Plan, will be entitled to receive all monthly rehabilitation earnings plus a monthly LTD benefit up to the amount set out in Section 2(A) of the Plan, provided that the total of such income does not exceed one hundred per cent (100%) of the current rate of pay for his/her regular occupation at the date of the disability;

(ii)        Upon successful completion of the Approved Rehabilitation Plan, the LTD benefit period may be extended for a maximum of six (6) months for the purpose of job search; and,

(iii)       The eligible employee shall be entitled to participate in the Job Exploration and Development program.

“Rehabilitative employment” shall mean any occupation or employment for wage or profit or any course or training that entitles the disabled employee to an allowance, provided such rehabilitative employment has the approval of the employee’s doctor and the underwriter of the Plan.

If earnings are received by an employee during a period of total disability and if such earnings are derived from employment which has not been approved as rehabilitative employment, then the regular monthly benefit from the Plan shall be reduced by one hundred per cent (100%) of such earnings.

Section 4 – Exclusions from Coverage

The Long-Term Disability Plan does not cover total disabilities resulting from:

(A)       war, insurrection, rebellion, or service in the armed forces of any country;

(B)       voluntary participation in a riot or civil commotion, except while an employee is in the course of performing the duties of his/her regular occupation;

(C)       intentionally self-inflicted injuries or illness.

Section 5 – Integration with other Disability Income

In the event a totally disabled employee is entitled to any other income as a result of the same accident, sickness, mental or nervous disorder that caused him/her to be eligible to receive benefits from this Plan, the benefits from this Plan shall be reduced by one hundred per cent (100%) of such other disability income.

Other disability income shall include but is not limited to:

(A)       any amount payable under any Workers’ Compensation Act or law or any other legislation of similar purpose; and

(B)       any amount the disabled employee receives from any group insurance, wage continuation, or pension plan of the Employer that provides disability income; and

(C)       any amount of disability income provided by an compulsory act or law, but excluding payments from the Insurance Corporation of BC (ICBC) for motor vehicle accidents that occurred on or after May 17, 2018; and

(D)       any periodic primary benefit payment from the Canada or Quebec Pension Plans or other similar social security plan of any country to which the disabled employee is entitled or to which he/she would be entitled had they applied for such a benefit; and

(E)       any amount of disability income provided by any group or association disability plan to which the disabled employee might belong to or subscribe.

Private or individual disability plan benefits, including the RBC insurance plan and the DBC plan, shall not reduce the benefit from this Plan.

The amount by which the disability benefit from this Plan is reduced by other disability income shall be the amount to which the disabled employee is entitled upon becoming first eligible for such other disability income.  Future increases in such other disability income resulting from increases in the Canadian Consumer Price Index or similar indexing arrangements shall not further reduce the benefit from this Plan, until the LTD benefit payable is recalculated to reflect current wage rates [refer also to 2 (A)(2)].

Section 6 – Successive Disabilities

If, following a period of total disability with respect to which benefits are paid from this Plan, an employee returns to work for a continuous period of six (6) months or more, any subsequent total disability suffered by that employee, whether related to the preceding disability or not, shall be considered a new disability and the disabled employee shall be entitled to benefit payments after the completion of another waiting period.

In the event the period during which such an employee has returned to work is less than six (6) months and the employee again suffers a total disability that is related to the preceding disability, the subsequent disability shall be deemed a continuation of the preceding disability, and the disabled employee shall be entitled to benefit payments without the necessity of completing another waiting period.

Should such an employee suffer a subsequent disability that is unrelated to the previous disability and provided the period during which the employee returned to work is longer than one (1) month, the subsequent disability shall be considered a new disability and the employee shall be entitled to benefit payments after the completion of another waiting period.  If the period during which the employee returned to work is one (1) month or less, the subsequent disability shall be deemed a continuation of the preceding disability and the disabled employee shall be entitled to benefit payments without the necessity of completing another waiting period.

Section 7 – Leave of Absence

Employees on leave of absence without pay may opt to retain coverage under the Plan and shall pay the full premium.  Coverage shall be permitted for a period of twelve (12) months of absence without pay, except if such leave is for educational purposes, when the maximum period shall be extended to two (2) years.  If an employee on leave of absence without pay becomes disabled, his/her allowance under this Plan shall be based upon monthly earnings immediately prior to the leave of absence.

Section 8 – Benefits Upon Plan Termination

In the event this Long-Term Disability Plan is terminated, the benefit payments shall continue to be paid in accordance with the provisions of this Plan to disabled employees who became disabled while covered by this Plan prior to its termination.

Section 9 – Premiums

The cost of this Plan shall be borne by the Employer.  Payment of premiums shall cease on termination of employment or five (5) months prior to an employee’s sixty-fifth (65^th) birthday, whichever occurs first.

Section 10 – Waiver of Premiums

The premiums of this Plan shall be waived with respect to disabled employees during the time such an employee is in receipt of disability benefit payments from this Plan.

Section 11 – Claims

Long-term disability claims shall be adjudicated and paid by a claims-paying agent to be appointed by the Parties.  In the event a covered employee disputes the decision of the claims-paying agent regarding a claim for benefits under this Plan, the employee may arrange to have his/her claim reviewed by a claims review committee composed of three medical doctors – one designated by the claimant, one by the Employer, and a third agreed to by the first two doctors.

Written notice of a claim under this Plan shall be sent to the claims-paying agent no longer than forty-five (45) days after the earliest foreseeable commencement date of benefit payments from this Plan or as soon thereafter as is reasonably possible.  Failure to furnish the required notice of claim within the time stated shall not invalidate nor reduce the claim if it was not reasonably possible to file the required notice within such time, provided the notice is furnished no later than six (6) months from the time notice of claim is otherwise required.

Section 12 – Administration

The Employer shall administer and be the sole trustee of the Plan.  The Union shall have access to any reports provided by the claims-paying agent regarding experience information.

All questions arising as to the interpretation of this Plan shall be subject to the grievance and arbitration procedures in the Provincial Collective Agreement.

Section 13 – Provincial Collective Agreement Unprejudiced

The terms of the Plan set out above shall not prejudice the application or interpretation of the Provincial Collective Agreement.

Section 14 – LTD Plan Early Retirement Incentive Provision

The LTD Plan Early Retirement Incentive Benefit is to ensure that the eligible employee will not realize a pension benefit that is less than the pension benefit that he/she would have been entitled to receive at the normal retirement date, had he/she not applied for early retirement, regardless of when the early retirement incentive provision is activated.

(A) An employee under this Agreement who is:

(1)        eligible for LTD benefits and who has been in receipt of LTD for four (4) years or more;

(2)        eligible for early retirement pension benefits; and

(3)        not eligible for the LTD Plan Rehabilitation Provisions shall apply for early retirement.

The employee’s entitlement to benefits under the LTD Plan shall, provided the employee remains eligible as per the definition of Total Disability, continue during the period of time that his/her application for early retirement is being processed with his/her pension plan administrator.  In the event that the employee is not eligible for an unreduced pension benefit, he/she may still be eligible for the LTD Plan Early Retirement LTD Incentive Benefit.

(B)       Entitlement to and the amount of the LTD Plan Early Retirement Incentive Benefit shall be determined by considering the following factors:

(1)        the amount of the monthly pension benefit that the employee would have been entitled to receive if early retirement was not elected;

(2)        the amount of the monthly early retirement benefit that the employee will receive;

(3)        the amount of the gross monthly LTD benefit that the employee is entitled to receive;

(4)        the amount of the net-of-offsets monthly LTD benefit that the employee is entitled to receive; and,

(5)        the maximum LTD benefit duration period applicable to the employee.

If the combination of superannuation benefit, Canada Pension Plan retirement benefit and any other disability income referred to in Section 5 of the LTD Plan results in monthly income of less than the LTD monthly income benefit, then the eligible employee shall be entitled to remain on LTD benefits.

(C)       An employee who is eligible for the LTD Plan Early Retirement Incentive Benefit shall be entitled to receive the benefit in a lump sum, or direct the Healthcare Benefit Trust to any other designate. The employee shall complete an LTD Plan Early Retirement Incentive Benefit Application.  Upon approval of the employee’s application, the employee and the Healthcare Benefit Trust will jointly sign the Terms of the LTD Plan Early Retirement Incentive Benefit and the employee and representatives of the Parties to the Collective Agreement shall sign the LTD Plan Early Retirement Incentive Agreement.

(D)       All eligible employees who are entitled to the LTD Plan Early Retirement Incentive Benefit shall be entitled to the continuation of the Life Benefit coverage in effect until age 65 years of age, or death, whichever is earlier.

Section 15 – Return to Work Programs

(A) Preamble

The parties recognize that prevention of injuries and rehabilitation of injured employees are equally important goals.  The parties further recognize that return to work programs are part of a continuum of injury prevention and rehabilitation.

(B) Mutual Commitment

The Employer and the Union are committed to a safe return to work program that addresses the needs of those able to return to work.

Return to work programs will recognize the specific needs of each individual employee who participates.  Employer creation of a return to work program is voluntary.

(C) Consultation

Return to work programs will be part of an Approved Rehabilitation Plan under the Long Term Disability Plan.

(D) Confidentiality

The parties jointly recognize the importance of confidentiality and will ensure that full confidentiality is guaranteed.  The Employer shall not have contact with the employee’s physician, without the employee’s consent.

(E) Types of Initiatives

Return-to-work programs may consist of one or more of the following:

1. Modified Return to Work: Not performing the full scope of duties.

2. Graduated Return to Work: Not working regular number of hours.

3. Rehabilitation: Special rehabilitation programs.

4. Ergonomic Adjustments: Modifications to the workplace.

(F) Re-orientation to the Workplace

A departmental orientation will be provided for the employee, as well as a general facility orientation, if necessary for an employee who has been off work for an extended period of time.

(G) Pay and Benefits

An employee involved in a return to work program will receive pay and benefits as set out below.

Employees participating in a return to work program for fourteen point four (14.4) hours or more per week) are entitled to all the benefits of the agreement, on a proportionate basis, except for medical, extended health and dental plan coverage, which shall be paid in accordance with Article 15 of the Collective Agreement.

Wage entitlement, when participating in the program, will be consistent with the terms of the agreement and are outlined below:

(a) Employees who have no accumulated sick leave credits and who have been granted an unpaid sick leave and/or who are awaiting acceptance of an LTD claim:

Receive pay and appropriate premiums for all hours worked in the program, medical, dental, extended health coverage, group life and LTD premiums and superannuation payments are reinstated on commencement of the program and all other benefits are implemented when working fourteen point four (14.4) hours or more per week.

(b) Employees in receipt of LTD benefits:

These employees are considered disabled and under treatment. These employees receive pay for all hours worked. The LTD plan will pay for hours not worked at two-thirds (2/3) of current salary. Benefits will be reinstated in the same manner as set out in (a) above except Group Life and Long Term Disability Insurance Plan premiums may continue to be waived as outlined in the Group Life and Long Term Disability Insurance Plans.

(H) No Adverse Effect on Benefits

An employee’s participation in a return to work program will not adversely affect an employee’s entitlements with respect to Long Term Disability.  Participation in a program will not delay entitlement to LTD benefits, except as otherwise provided in the Long Term Disability Plan.

The period that the employee is involved in a return to work program shall be considered as part of the recovery process and will not be used or referred to by the Employer in any other proceedings, other than proceeding under the Long Term Disability Plan (Claims Review Committee and Rehabilitation Review Committee).