Protect your rights after an extended absence

United Nurses of Alberta must be consulted in all cases of return to work and duty to accommodate Employees returning to work after an extended absence have the right to Union representation. For Employees who have medical restrictions on the work they can do and are being accommodated in a position that matches their abilities, UNA must be involved to ensure fair and safe treatment. UNA collective agreements require Union consultation in returning to work after a LongTerm Disability or Workers’ Compensation absence. If you are coming back after an extended absence, contact your UNA local executive or Labour Relations Officer to ensure union representation in the process. 19.07 (a) (iii) In reinstating an Employee under (ii), the Employer will consult with the Employee and the Union over possible suitable placements and reinstate the Employee to a site suitable to the Employee if possible. If that is not possible, the Employee will be reinstated to their home site if possible. If the foregoing options are not possible, the Employee will be reinstated to the closest possible site to that Employee’s home site.

Floater Holiday Payout

Under Article 18.01 (b) of the UNA Provincial Collective Agreement, an Employee’s ‘Floater’ holiday will be paid out by the Employer if not used by Dec. 31. Full-time Employees hired on or before July 1 shall be granted an annual additional holiday as a “Floater” holiday. Use of the holiday shall be granted at a time mutually agreed upon by the Employee and Employer. If the ‘Floater’ holiday is unused by Dec. 31, the Employee shall receive payment for the day at the Employee’s basic rate of pay. Unused balances will be paid out in the second pay period of the following year. Unused balances from Named Holidays listed in the UNA Collective Agreement will not be paid out. If you have any questions or concerns, please contact your UNA local executive or Labour Relations Officer at 1-800-252-9394.

Working In Charge?

Sections 16.02, 16.03, and 16.04 of the Provincial Collective Agreement state that Employees with In-Charge responsibilities are entitled to In Charge Pay.* When a Staff Nurse is designated as the Employee in charge of a unit, the Employee shall be paid an additional $2.00 per hour. When an Assistant Head Nurse is designated in charge of a unit, the Employee shall be paid an hourly rate no less than what a Staff Nurse at the same pay step would be paid when in charge. The Employer must provide a document specifying In Charge roles and responsibilities at each nursing unit. If an Employee has been assigned those duties then they are fulfilling the In Charge role whether there is a manager there or not. If an Employee is unsure whether their work should qualify for the In Charge Pay, they should directly ask their Manager and refer to the Employer’s In Charge roles document and the duties that have been assigned. If the duties assigned to the Employee are those on the In Charge document, then the Employee should get Charge Pay. If you are being unfairly denied In Charge Pay, contact your UNA local executive or your Labour Relations Advisor. *Some UNA Collective Agreements often have different provisions. Check your Agreement or with your Local for details.

Changing Full-Time Equivalent

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

Paying out Overtime hours

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

Submitting proof of illness to the employer

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

Supervision of Health Care Aides

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