Monday, January 7, 2013

On sick days

I'm taking an opportunity to flush out the position I have when it comes to the sick-day issue. While I've often expressed it in bursts of 140 characters, it deserves more space than that.
Why? Obviously driven by the reduction of annual sick days from two per month to one a month that was in the government's objectives from the start on the 2012-14 contracts. It was tied to a the elimination of the ability to bank unused sick days that still existed within many (but not all) boards.
Context often lacking from much reporting on this subject is that banked days are not lost-- they're vested. Employees simply cannot add to the bank from September 2012 onwards.
As I've understood it, in those areas where it exists, this large a number of annual sick days and bankable days were negotiated into agreements as a means of accomplishing a number of items.
First, the sheer number recognized that teachers are both exposed to a higher degree of illness due to the vectors of illness they move amongst every day (ie: kids get sick a lot and spread illness easily), are more likely to become sick themselves as a result and for the sake of their students, not keep spreading illness.
The bankability also accomplished another element-- it became a de facto short-term disability plan where, in situations where a teacher needed to use their annual allotment but still was not healthy enough to return to work, s/he could dip into their bank of unused days without financial penalty. If an employee used all their days, I'm pretty sure every school board had long-term disability plans that would kick in after that.
Along the way however, the bankability was also negotiated into a payout. Depending on the board, on departure or retirement and in some cases also length of service, any banked days would be paid out. In most places there was a cap on the number of days that could be banked in order to limit the employer's future financial liability.
Somewhere along the way, that bankability became a part of some teachers' retirement planning. They'd let days accumulate (by nature of good health or by working when they could have been off sick) and in exchange on retirement have a nice little nest egg to tap into.
This arrangement is not exclusive to teachers. It exists in many areas -- particularly within the public service -- and off the top of my head some of the more egregious sick-day bankers are in the emergency services, police and fire more so than EMS.
To be clear, my position on bankability applies to all those publicly funded folks who can bank days. I'm not just being critical of the practice in education-- it's topical to education now because of being a government goal in these contracts.
Let's consider the above clearly. Let's also consider what sick days should be for-- illness. If you're sick (or tending to someone who is, as parents and caregivers often do), take your sick day(s). That's what they're for. They're not holidays. They're not floating days off. They're not meant to be taken (or banked for a gratuity) just because they exist. They're for when you're too ill to be at work.
Employers (school boards) were clearly showing that for whatever reason, most of their staff members were only using about half of their allotted sick days in a year. Averages (with all their foibles) by board spanned between nine and 12 days taken a year. Of course, there are always exceptions, individuals who for valid reasons needed two days a month (or more) to be away from work and put themselves in a position to return to work healthy. However, averages are what they are and most boards were giving employees their days and then watching as 40% to 50% of those days became a long-term liability as they got banked.
Though the methods were more than haphazard, the goal of both reducing the number of allotted annual days and eliminating the ability to continue to bank days were not. Budgeting for closer to actual expenses involved in sick days doesn't create a long-term liability. It's always going to be in the employers' interest to limit these long-term liabilities.
I acknowledge banked days do remove a substantial variability from the annual costs of sick days to an employer. Get a year where more sick days are used than what you've budgeted for without a bank and you're caught where you didn't want to be in the first place. Whereas with a bank in place, you know whether used or unused, your overall budget including any transferred liability will be static.
So in ending bankability and lowering the number of days allotted to closer to the average, the move eliminates any further growth in that existing liability. Recognizing the short-term disability use of banked days, the government also now mandates all in the education sector to be covered by short-term disability plans. This is common practice in the private sector (when this benefit is offered) as it provides some, albeit reduced income to someone who has used all their allotted sick days so they can take the time needed to return to work healthy.
What if that's not good enough compared to past practice? Negotiations didn't happen for public school sector employees (and those in Catholic schools represented by OSSTF or ETFO)-- I recognize the ability to do something there is likely lost. But in future negotiations, be honest about what your members and employees need and bargain for that.
Is the short-term disability plan not good enough? Bargain for a better one.
Is the retirement plan not good enough (recognizing teachers have great pensions, support staff not so much)? Then bargain for a better one.
Is there nothing or not enough in the short- or long-term disability plans for critical illnesses
that require long-term treatment and recovery? Then bargain for that coverage.
In the past, all those needs were met by bargaining for more sick days and the ability to bank 'em and have them paid out on departure. That wasn't the way those needs should have been met.
Keep sick days for when people are sick. Bargain for what's needed to cover the rest.

5 comments:

Anonymous said...

Bargain? Really? They did bargain! That’s how they received the benefit in the first place! It was negotiated at the expense of something else – that’s called bargaining. And now, due to the implementation of Bill 115 and the MOU, you can’t collectively bargain because a Draconian law has replaced basic labor principles. Seriously, take a break; this reeks of banal teacher-bashing and smacks of a shallow comprehension of the salient points. Sad.

Education Reporter said...

Anon 8 Jan. 16:54

You've missed my point.

I know how and why the sick days were bargained into providing these other elements. My point is sick days shouldn't have become these other things to begin with.

If those other benefits are what was desired, that's what should have been negotiated. That should have been what was gained at the expense of other things-- not turning sick days into a short-term disability plan or a retirement gratuity.

If you read the whole post, you'll note I actually pointed out that ETFO and OSSTF -- minus one ratified local agreement -- didn't get to bargain in this round. OECTA (good, bad or otherwise) did, as did the French-language teachers and CUPE to some extent. I also pointed out this sort of sick-day benefit has been bargained across the public sector. I don't agree with it there any more than I do in the education sector.

Hugo

Anonymous said...

"You've missed my point."

Nah…I got it. I just didn’t find it persuasive.

“I know how and why the sick days were bargained into providing these other elements. My point is sick days shouldn't have become these other things to begin with.”

And?

“f those other benefits are what was desired, that's what should have been negotiated. That should have been what was gained at the expense of other things-- not turning sick days into a short-term disability plan or a retirement gratuity.”

Huh? They were historically negotiated. What part here is so difficult to comprehend? They couldn’t be negotiated in these rounds of “discussion” because the government boxed in the process with narrowly construed financial parameters and Draconian legislation. Sick days were hard-won concessions that were eliminated (with no financial compensation) by a government bent on fixing its economic/political mistakes on the backs of the elementary and secondary sectors.

“If you read the whole post, you'll note I actually pointed out that ETFO and OSSTF -- minus one ratified local agreement -- didn't get to bargain in this round. OECTA (good, bad or otherwise) did, as did the French-language teachers and CUPE to some extent. I also pointed out this sort of sick-day benefit has been bargained across the public sector. I don't agree with it there any more than I do in the education sector.”

Actually, I did read the whole post and that doesn’t mean I find it persuasive. OECTA didn’t negotiate or bargain, it was coerced and beat and it rolled over in the face of problematic heavy-handed Liberal tactics. The reality is that the majority of teachers in Ontario balked at being presented with only a limited framework in which they could collectively bargain – one that was backed by unconstitutional legislation. Anyone that has even a minute understanding of labor issues and basic democratic freedoms should be railing against this approach. And whether you agree with sick days or not is immaterial – it was collectively bargained for in good faith and then it was stripped (with no compensation, which you suspiciously omit) for political gain.

Maybe instead of prattling on about teachers and their past collective bargaining successes, you could actually post something complimentary about the profession? All I see is Union-bashing, banal rhetoric, and subjective chatter. I get it – you don’t like teachers for whatever reason, but at least try to remain objective sometimes.

Anonymous said...

Hi Hugo:
From what I understand, banked sick days were negotiated in lieu of the 4% vacation pay that all other workers receive and that teachers do not. At any rate, all I know is that it's very easy to say "just go in when you're sick", but you don't consider the 100 or so kids who are relying on you to be there for their presentations, or feedback meetings, or lunch clubs, or sports events, or simply because it's too hard to figure out what a supply teacher who might not be qualified in your subject area could possibly teach in your absence. The number of sick days that I have banked represent the days that I chose to come in to work because I had obligations to my students. And every time I came into work instead of taking a sick day, I was saving the Boards a heck of a lot of money in supply teacher costs, more than what they would have to pay out in terms of a grautity. When I first started teaching 20 years ago, my contract said that I had the right to bank my sick days. I had that right negotiated for 20 years. Now, I've lost all the days I had, without the benefit of having negotiated their loss. Not that some people care--according to the media (especially Luisa D'Amato of the K-W Record), I'm a greedy pig feeding at the public trough, not an actual human being.

Education Reporter said...

Anon Jan. 21 20:37

I'm still unclear on how the sick-day changes will impact every school board and employee group, because there wasn't a uniform setup across the province on this one. Some boards had bankable days but no gratuity, some had both. Some had vesting provisions, some didn't.

If anyone's willing to share anything with me (via email anonymously if you wish) to help clarify how this transition is being handled within your board or employee group, it'd be much appreciated. I won't cite where I sourced any documents, if that's a concern.

Hugo