All workers in the province are now provided with five days of paid sick leave off work – including unionized workers under a collective agreement – under new changes to the Employment Standards Act, as of March 31,2022. This means that all K-12 members – including casual, temporary, and probationary workers – should be entitled to paid sick leave, regardless of the language in your collective agreement.

Locals should be aware of the details of this new benefit so they can ensure employers are implementing it properly and are prepared to bring grievances when necessary.

Below are a few key items to be aware of:

• Employees become entitled to the paid leave after 90 days of continuous employment. That calculation is based on time as an employee, rather than number of days worked. So, an employee hired in early September would become eligible for sick leave starting in early December of that year, regardless of how many shifts are worked in that time.
• Each employee is entitled to five paid days per ‘calendar year.’ Those days are not pro-rated based on when an Employee begins work. So, an employee who is hired in the latter half of a year would still be entitled to the full five days before December 31^st.
• Employees who receive an additional percentage of their wages ‘in lieu’ of benefits are also entitled to paid sick leave and will continue receiving their full ‘in lieu’ pay.
• Pay for a sick day is calculated based on the average of the employee’s earnings over the past 30 days, excluding overtime. Note that this may be different than what an employee would have earned if they had worked their scheduled shift. In some cases, employees may be entitled to more than what they had earned if they worked the shift if, for example, in the last 30 days they had worked longer shifts, had worked in a higher paying position, or earned certain shift premiums. Unions should be ready to examine the amount paid for sick leave to ensure that it is at least the average of what the employee had recently earned.
• Be aware that this calculation for sick pay applies to all employees – including those who had entitlements to paid sick leave under the collective agreement. For the first five sick days in the year, all employees (including regular employees) should be paid either the ‘average day’s pay’ calculation, or the normal pay under the collective agreement – whichever is greater.

If you have questions about this new benefit, please contact your steward or local representative.

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Last year marked the first time September 30th – the National Day for Truth and Reconciliation – was recognized as a federal statutory holiday. The Province of B.C. made a public commitment to engage Indigenous Peoples on how to best observe the National Day for Truth and Reconciliation followed by engagement with stakeholders in key business sectors.

As the province continues consultations with Indigenous peoples, it is advising all public sector employers, including K-12 public schools, that the same process should be followed as last year. September 30 should again be observed as a statutory day for remembrance this year for those employees who are normally entitled to federal and provincial statutory days.

The Ministry of Education has advised school districts that in recognition of the province’s approach and based on collective agreement provisions granting federal statutory holidays to some district staff, districts should plan that schools will not be in operation on that day.

Front facing dash cameras on school buses

The CUPE BC K-12 committee has investigated provincial funding for front facing dash cameras on school buses. The following information may be helpful for CUPE locals interested in advocating for front facing dash cameras as a way of increasing safety for students and bus drivers.

School districts have access to funding to replace buses when they reach a certain age or mileage through  Ministry of Education’s Bus Acquisition Program (BUS), within the Minor Capital Programs.

Replacement funding for buses includes between $7500 and $10,000 for additional options that school districts can select. One of these options is front facing dash cameras, which cost approximately $2500 – $3500.

It is a school district’s decision which options to select. The Ministry of Education has been informed by the Association of School Transportation Services of B.C. that approximately 80 per cent of new bus purchases include camera systems, either internal or external. It is up to school districts which options they choose to select.

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