CAUT | ACPPU
Canadian Association of University Teachers
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Model Clause on Long Term Disability (LTD) Benefits
1
Definition of Disability
1.1
For purposes of this clause, a Member is disabled when, as a consequence of a medical condition, he or she is unable to perform the essential duties of his or her job and the disability cannot be accommodated.
2
Entitlement
2.1
All Members shall be entitled to the Long Term Disability (LTD) benefit.
2.2
A Member becomes entitled to the LTD benefit upon the last day of his or her sick leave benefit.
3
Long Term Disability Benefit
3.1
The Member's regular salary shall be the full salary of the Member at the commencement of the sick leave.1 The LTD benefit shall be 75% of the Member's regular salary.
3.2
The LTD benefit shall be adjusted each year according to the scale increases specified in this Collective Agreement/Special Plan.
3.3
The LTD benefit shall continue for a Member who is disabled within the meaning of this clause:
(a) until he or she is able to return to his or her regular position in accordance with sup-clause 1.8, or
(b) to the normal age of retirement.
3.4
A member receiving the LTD benefit shall be considered as an employee on extended leave and shall continue to accumulate all accrued rights and benefits and shall continue to be covered by all pension and benefit programs contained in this Collective Agreement/ Special Plan.
4
Application for LTD Benefits
4.1
When a Member commences receipt of the sick leave benefit, the Employer shall provide the Member with an LTD benefit Application Form (the "Application").2
4.2
If the Member anticipates that the LTD benefit will be necessary, the Member shall submit the completed Application to the Employer.
4.3
The Employer may, within 15 days of the Member's submission of the Application, have the Member's medical condition assessed by an independent, qualified medical practitioner mutually agreed upon by the Association and the Employer. If the parties are unable to agree upon who the medical practitioner should be, the selection of the medical practitioner shall be drawn by lot from a list of four names, two of which are proposed by the Association and two of which are proposed by the Employer.
4.4
The independent medical practitioner shall provide a medical opinion to the Association and the Employer as to whether the Member is disabled within the meaning of article 1.1. The independent medical practitioner shall at all times maintain the confidentiality of the Member's actual medical file. The Employer shall not be privy to its contents.
4.5
Within 30 days of the Member's submission of the Application, the Employer shall inform the Member if the Application is accepted or denied. Any differences with respect to this decision will be disposed of in accordance with the grievance and arbitration procedures of this agreement.
5
Regular Salary
5.1
Upon a Member's commencement on the LTD benefit, the Employer shall retain a record of the Member's regular salary.
5.2
The Regular Salary shall increase annually in accordance with any salary adjustments agreed upon by the Employer and the Faculty Association in their periodic contract negotiations.
6
Pension Rights
6.1
When calculating years of pensionable service, a Member on the LTD benefit shall be credited fully for each year, or part thereof, on the LTD benefit.
6.2
For Members who are, or have been, on the LTD benefit, contributions from both the Member and the Employer to the pension plan, shall be based on the Member's Regular Salary.
7
Reduced Workload
7.1
A Member on the LTD benefit who is able to perform some portion of his or her work shall be entitled to negotiate a reduced workload with the Employer.
7.2
Payment for work performed by such a Member shall be at the Member's regular salary on a pro-rated basis according to the percentage of work performed.
7.3
The LTD benefit to a Member on a reduced workload shall be 75% of the difference between their Regular Salary and the salary they are receiving for work performed.
8
Return to Work
8.1
The process of return to work may be initiated either by the Employer or the Member. Upon presentation of evidence of ability to return to work from a medical practitioner, a Member has the right to return from the LTD benefit to his or her regular position at a salary commensurate with all salary increases earned or accrued during the period of his or her absence on the LTD benefit.
Approved by the CAUT Council, November 2000.
1. Ensure that your collective agreement contains a definition of regular salary and that the terms used are consistent throughout the agreement.
2. A sample of the Application Form can be attached to the Collective Agreement/Special Plan as an Appendix.
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