Posts Tagged ‘can you tell me’
Can You Tell Me: What Personal Medical Information is the Employer Entitled to Receive?
Wednesday, April 1st, 2026
Sick leave can be a stressful and confusing time, and members may be unsure what information they need to share with the employer. Understanding what personal medical information the employer can request is important for protecting medical privacy and helps navigate both short and long-duration sick leave confidently. The details of the right to medical privacy are outlined in our respective Collective Agreements through Article 15.6 at The University of Winnipeg and 17.2 at the University of Manitoba.
For brief sick leave absences, members may be required to provide some basic information. The employer can ask about the general nature of the illness, but typically not the specific medical diagnosis or detailed treatment information. Examples of this distinction might include reporting a “mental health issue” as opposed to “anxiety and depression,” or “respiratory illness” as opposed to “bronchitis.” They can also ask about the length of the absence and the expected date of return. This information can help the employer plan operations and staffing while still considering the member’s privacy.
Extended sick leave absences may require sharing more information. As with shorter leaves, the employer can request a prognosis for return and a general description of the condition. Additionally, they may ask further questions to explore potential support and accommodation. This often comes in the form of a medical questionnaire to be provided to the member’s medical practitioner. The Collective Agreement entitles the employer to some information for the administration of sick leave, coming from Article 17.4 (UM) and 15.6 (UW). Requests for information will depend on the individual circumstances and should be evaluated on a case-by-case basis.
The purpose of these types of questions is not to pry into private medical details, but rather to help the employer better understand the condition and any limitations it imposes. It is important for the member to cooperate with the process in these scenarios. Failure to furnish necessary medical information could result in undesirable consequences, as per Article 17.4 (UM) and 15.6.3 (UW). The additional information not only helps the employer to plan temporary adjustments in their operation, but also to provide necessary accommodations and ensure a safe, supported return.
Members should know that they do not have to navigate these questions on their own. Please contact the AESES Business Office if you are unsure whether a question from the employer related to medical information or sick leave is appropriate. We are able to clarify your rights to privacy and help balance that right what information the employer can request.
Can You Tell Me: What is an Investigatory Meeting?
Sunday, February 1st, 2026
An investigatory meeting is a formal process initiated by the Employer when they are considering a situation that may lead to discipline. These meetings are a precursor to formal disciplinary action and are governed by our respective Collective Agreements.
The rules for investigatory meetings differ slightly between UW and UM. At UW, Article 9.4 generally requires that an investigation take place before discipline is imposed except in exceptional circumstances. At UM, Article 9.1 does not prescribe an investigation in all cases but allows the Employer to investigate alleged culpable activity that may give rise to discipline. At both Universities, the Employer must inform the Employee that the meeting is an investigation and advise them of their rights to AESES representation, although it is typically the Employee’s responsibility to request that representation.
Upon request, an AESES representative will speak with the member in advance of the meeting to help explain the process, discuss the context for the investigation, and consider what the Employer may be seeking to establish. In some cases, a member could be called as a witness to a situation involving others and may not be personally culpable. AESES can also advise the member on the potential relevance of disclosure, remorse, honesty, and any mitigating circumstances, such as medical issues, as part of preparing for the meeting.
The investigatory meeting normally includes representatives from HR and management, the member, and an AESES representative if requested. The Employer will outline their concerns and ask a series of questions in order to establish facts. Having AESES representation at the meeting is important to support the member during a potentially stressful process and to ensure accurate documentation of the investigation.
Several outcomes may follow the investigatory meeting. The Employer may decide to gather additional information at another meeting, take no further action, or issue formal discipline. Discipline typically follows the path of progressive discipline, beginning with an Oral Warning, though in more serious situations the Employer may proceed directly to suspension or dismissal.
If discipline is issued and a member believes it to be unjust, it may be possible to challenge it through the grievance process as outlined in the Collective Agreement (UM Article 23; UW Article 21). Documentation of the investigatory meeting can be an important way to support that process. Members who have been summoned to an investigatory meeting, or who have questions about this process, are encouraged to contact the AESES Business Office at 204-949-5200 or LabourTeam@aeses.ca.
Can You Tell Me: What is the Employee and Family Assistance Program?
Monday, December 1st, 2025
The Employee and Family Assistance Program (EFAP) is a benefit offered by both Universities aimed at the well-being of their employees and employees’ family members. AESES members at both Universities have access to EFAP guaranteed by their respective Collective Agreements: Article 27.1 (UW) and Article 32.1 (UM).
At the University of Winnipeg, the program is administered through Manitoba Blue Cross and is available to all employees who are eligible for Blue Cross benefits. The employee’s spouse and dependent children may use the service as well. The program can be accessed by placing a call to the Manitoba Blue Cross Employee & Family Assistance Centre at 204-786-8880 and requires the Blue Cross Client and Certificate Number to verify. More information is available through the U of W HR’s EFAP page.
At the University of Manitoba, the program is offered through Kii by CloudMD and is available to all employees covered by the AESES-UM Collective Agreement as well as their immediate family, including dependent children. Kii can be accessed through an online portal with the organizational access code, available through the UM Sharepoint along with other details about the plan. Registration does not require a work email address; a personal address can be used for the purpose of confidentiality. In addition to counselling, Kii provides a library of health and wellness articles.
The objectives of the EFAPs are employee health and wellness. The free short-term personal counselling offered through the EFAP is not restricted to mental health, however, and can support a variety of other potential areas such as addiction, physical health, financial advice, legal issues, and connecting with child or elder care resources. Employees who have not considered using the program may be surprised by the breadth of assistance and resources it offers.
A central concern when using the EFAPs, due to the sensitive topics they support, is confidentiality. The employer will not be notified that an employee or family member has accessed their EFAP whatsoever. The employer provides the EFAP but does not administer it in any way other than providing access. Members’ inquiries through the program are completely confidential.
The EFAPs are a negotiated benefit in our respective Collective Agreements and provide confidential counselling and resources on a breadth of topics and issues that members may not expect. AESES encourages members to make use of these resources when needed. For any inquiries related to the EFAPs, please reach out to the AESES Business Office at 204-949-5200 or LabourTeam@aeses.ca.
Can You Tell Me: What is a Position Discontinuance?
Wednesday, October 1st, 2025
A Position Discontinuance refers to the removal of a particular job by the employer once they determine, for a variety of possible reasons, that it is no longer necessary. However, it is important to clarify for the member in the position that it is not the same as being fired or dismissed. A Position Discontinuance is about the removal of the job, not the member.
The Position Discontinuance process is described in Article 10 of both the AESES-UW and -UM Collective Agreements, and is similar but not exactly the same for each University. It begins when the employer provides written notice to the member that their position will be discontinued, notifies AESES, and schedules a meeting with the member and a union representative to discuss the process and the various options available through Article 10.
The notice period is 56 calendar days at UM and 40 working days at UW. During this period, the member continues to be paid normally, and may or may not continue to work. The primary goal during the notice period is to make the member whole by transferring them into a vacant job within the same classification, hours of work, and position category as the discontinued position. The member should also be able to perform the job with a minimal retraining period: 60 working days at UW, or 420 hours at UM. HR actively searches through job postings throughout the notice period to match these criteria.
If a transfer is not accomplished as outlined above, there are other choices and options available through Article 10. The details are similar between UW and UM, and also depend on the specific circumstances of the discontinued position. Some choices could include opting for the exercise of seniority or bumping, opting for severance based on the member’s seniority, either as a lump sum or biweekly payment period, or opting for a period of lay-off of up to a year in which the member retains their seniority.
A representative from AESES is available to the member for guidance starting from the initial Position Discontinuance meeting and throughout the process. The representative can help interpret the various decisions and their consequences provided under Article 10. AESES provides guidance and interpretation, but the choices are ultimately up to the member to make; there is no single, correct answer for every scenario.
AESES will always, furthermore, scrutinize the rationale provided by the employer when they discontinue a position. Legitimate reasons within the employer’s rights for discontinuing a position might include operational changes, organizational restructuring within a department, advances in technology, redundancy or reassignment of duties, expiry of grant funding, or budgetary constraints. AESES looks at each discontinuance on a case-by-case basis. It is important that AESES examines and understands the reason the decision was made in order to best inform and advise the member.
We encourage our members to reach out to the AESES Business Office with any questions or concerns related to the Position Discontinuance process or otherwise, at labourteam@aeses.ca or 204-949-5200.
Can You Tell Me: Can The Employer Change My Work Schedule?
Friday, August 1st, 2025
While many members enjoy a steady routine in their hours of work, the employer does have the right to alter work schedules as operational needs may require. The employer can make these changes without the approval of the employee; the respective Collective Agreements, however, provide guidelines that ensure employees receive sufficient notice for any such changes.
The guidelines are essentially the same for both Universities, found in Article 12.5 in the UM Collective Agreement and in Article 12.4 for UW. Management is required to give three working days’ notice for a schedule change affecting 1 to 4 days. For emergency changes (UW), or circumstances beyond the employer’s control (UM), they must inform the employee before quitting time on the day before the change takes effect. When the schedule would be changed for greater than 4 days, management is required to give one calendar week’s notice. And finally, if these guidelines for notice are not fulfilled, the employee is entitled to compensation at overtime rates for the first day of the altered schedule.
The employer can alter the work schedule in ways such as the start and end of the workday, say, changing a shift from 8:30-4:30 to 9:00-5:00. However, they do not have the right to extend an employee’s workday on a time-for-time basis, bypassing the Collective Agreement’s provisions for overtime. As an example, with 7 hours being the standard workday for most AESES members, the employer should not schedule a member to work 8 hours one day in exchange for working 6 the next as a way to avoid overtime compensation. Overtime, Callback, and Modified Work Weeks are separate from the type of schedule changes described here.
We encourage our members to reach out to the AESES Business Office with any questions or concerns at labourteam@aeses.ca or 204-949-5200.
Can You Tell Me: How Does Sick Leave Apply to Mental Health?
Sunday, June 1st, 2025
Sick leave as defined in our respective Collective Agreements, does not distinguish between mental and physical health conditions. For the UM, in Article 17.1, Sick Leave is defined as “the period of time an employee is permitted to be absent from work with pay by virtue of being sick or disabled, or because of an accident.” The language for the UW in Article 15.1 is identical but uses the word “injury” instead of “accident.” Sickness and disability are not limited to physical conditions, but also encompass mental health issues.
Depression, anxiety, addiction, and other psychiatric disorders, whether acute or chronic, can be just as debilitating. An employee suffering from such a condition might require the use of sick leave. They might also require time off to attend a medical appointment related to their mental health. Full-time employees are entitled to use sick leave for dental and medical appointments (UM 17.1.3, UW 15.1.2).
A medical certificate or “sick note” is not typically required for short absences, whether they are related to mental health or physical conditions. The employer does, however, have the right to request one (UM 17.4, UW 15.6), especially in cases of extended, frequent, or unusual absences. The note would include the dates the employee was/is unable to attend work, a general description of their condition (but not the diagnosis), and the expected timeframe of their return to work.
Confidentiality may be a key concern, especially given the stigma that mental illness may carry. Both Collective Agreements include rights to privacy and the protection of Personal Health Information (UM 17.2, UW 15.6). An employee is not required to disclose the nature of their illness to their supervisor or coworkers; any required medical documentation may be submitted confidentially to a designated representative in Human Resources.
Both Universities offer Employee and Family Assistance Programs (EFAPs), which provide access to free and confidential mental health and wellness services. The University of Winnipeg’s services are delivered through Blue Cross, and the University of Manitoba’s services are provided by Kii. These programs reflect each University’s commitment to supporting the health and wellness of their employees. Support is available through counselling, offered in person, by phone, or online, as well as through educational resources, crisis support, and referrals to specialized care when needed.
AESES encourages our members to reach out to the Labour Team for assistance in understanding their rights related to Sick Leave and mental health. We can be reached at 204-949-5200 or LabourTeam@aeses.ca.
Can You Tell Me: How can workload issues be addressed?
Monday, April 7th, 2025
How can workload issues be addressed?
AESES members should not work through breaks or lunch and normally should only work beyond regular hours if compensated at overtime rates. While extra work may sometimes be necessary to manage workloads, working unpaid hours is not the appropriate solution. This practice can obscure underlying workload issues, creating the false impression that more work can be completed in a typical day than is realistic. Additionally, performance concerns can arise if extra time is reduced or stopped, leading to the assigned work no longer being completed within previously established timelines—timelines that may have become the employer’s expectation.
Both the AESES-UW and AESES-UM Collective Agreements include a Letter of Understanding (LOU) regarding managing excessive workloads. At UW, the LOU outlines that the employee should first discuss their concerns with their supervisor, who will attempt to resolve the matter. If unresolved, the employee should contact AESES. If necessary, AESES and the Human Resources Department will further discuss the issue. If both parties agree the concern is reasonable and likely to persist, they will explore potential solutions to assist the employer in addressing the issue. The process at UM is similar, with AESES and the University meeting to discuss concerns and possible solutions as needed.
If workload demands become difficult to manage, the first step is to speak with your supervisor, as outlined in the LOU. Potential solutions, such as reassigning tasks or setting new priorities within the department, are within the employer’s control. It is important to inform the employer when struggling with workload so that appropriate solutions can be identified.
To prepare for this discussion, start by tracking time over a week or two, noting instances when working beyond scheduled hours occurs. A helpful next step is to prepare a written outline of the workload issues, including specific examples. For instance, one might say, “I was only able to take a half-hour lunch instead of the full hour on this day for the following reason.” While potential solutions can be suggested, it is important to understand that the employer has control over the final decisions and may choose a different approach. Once prepared, consider presenting your summarized concerns to your supervisor so that solutions can be explored.
If workload issues remain unresolved after these steps, the AESES Labour Team can assist by engaging in discussions with HR on your behalf. Please contact LabourTeam@aeses.ca for further support.
Can You Tell Me: How Seniority Plays a Role in Vacancy Selections
Monday, February 3rd, 2025
Seniority and Vacancy Selections
Seniority may play a significant role in vacancy selections, as outlined in the collective agreements of both the University of Manitoba (UM) and the University of Winnipeg (UW). Specifically, Article 6.3 of these agreements mandates that employees with greater seniority be given preference in filling vacancies, provided their qualifications are “relatively equal” to those of less senior candidates.
The term “relatively equal” refers to the need for qualifications to be sufficiently comparable, rather than identical. For instance, if a position requires an undergraduate degree and two years of experience, a senior employee with a comparable combination of education and experience should be given preference. The core consideration is that the qualifications must be demonstrably relevant to the role in question.
In situations where a junior employee holds higher qualifications, but these qualifications are not directly applicable to the position, the senior employee’s qualifications—more aligned with the role’s requirements—should take precedence. However, seniority preference does not imply that a senior employee will be automatically overlooked if a junior employee holds qualifications that are more directly suited to the position due to prior experience in a similar role. Ultimately, the priority remains on the relevance of an applicant’s qualifications to the specific requirements of the position.
The collective agreements mandate transparency in the selection process. If a junior applicant is selected over a more senior candidate, the employer might expect a request to provide a rationale for the decision, as outlined in Article 6.3.1 at the UM and Article 6.6 at the UW. Senior applicants have the right to discuss these reasons with the relevant administrator, and the union may request access to this information through Human Resources.
Should a grievance arise regarding the selection, the appointment is deemed temporary until the grievance is resolved. If the grievance results in a reversal of the decision, the employee initially appointed will return to their prior position or a comparable vacancy, as per Article 6.3.4 at UM or Article 6.6.1 at UW.
If concerns arise regarding the application of seniority or qualifications, AESES can provide support and clarification. A good first step would be to start by asking the hiring manager for the rationale and, if insufficient, follow up with the AESES Labour Team at LabourTeam@aeses.ca. Phone calls can also be directed to the Business Office at 204-949-5200.
Can You Tell Me? Can Work Hours Be Modified?
Sunday, December 10th, 2023
Modified Work Hours
The concept of a 4-day workweek or having every second Monday off is an appealing idea for many. From time to time, an AESES employee may need or want to adjust their hours of work temporarily or permanently. There is language in the AESES Collective Agreements that allows members to request a modified work schedule.
Members at both UM and UW can request a modified work schedule. It is important to note that while the language in both the AESES-UM and AESES-UW Collective Agreements allows employees to make such a request, approval is not guaranteed. The employer must consider the feasibility of the request by examining particulars such as the type of work the employee does, the Department’s hours of operation, staffing levels and current workloads. If the request is approved on a temporary or permanent basis, it is also important to note that the employer can still amend or cancel the arrangement if they deem it necessary.
As covered in Article 11.2 of the AESES-UW Collective Agreement, UW members can submit a request for a modified work week in writing to their supervisor. When making the request, you should be aware that a modified work week may include but is not limited to, flextime, banked time, or a compressed work week. The employer will consider the request and provide a written response in a reasonable period. If approval is granted by the Employer for a modified work week, the terms and conditions of the modified work week are confirmed in a Letter of Understanding (LOU).
The process is similar for UM members, as outlined in Articles 11.1 and 12.8 of the AESES-UM Collective Agreement. When a recurring exchange of work for time off exceeds one pay period, it is considered a modified work schedule. UM members can submit a request for a modified work schedule to their supervisor. If granted after due consideration by the employer, the terms and conditions of the modified work schedule shall be confirmed by a LOU signed by the Department, Human Resources, the employee(s), and the Association.
If you need assistance with a modified work schedule request, contact us at LabourTeam@aeses.ca.
For info on short-term or one-time schedule change requests, referred to as the Banking of Regular Time, see the Can You Tell Me article in the August 2024 insideAESES newsletter.
Can You Tell Me? Caregiving Leaves
Sunday, October 1st, 2023
Caregiving Leaves
Situations may arise where an employee needs time off work to care for a family member with a serious illness or injury. Leaves are available through the AESES Collective Agreements and the Employment Standards Code of Manitoba allowing members time off work to manage longer-term caregiving obligations.
Members required to care for a family member facing a significant risk of death can take Compassionate Care Leave. As covered in Article 18.5 in the AESES-UM Collective Agreement and Article 16.5 in the AESES-UW Collective Agreement, Compassionate Care Leave provides eligible members with up to 28 weeks of unpaid leave. It can be taken in one or two periods, but each must be at least one week long.
UM members are eligible for this leave once they have completed 30 calendar days of employment, and UW members are eligible once they have completed 90 calendar days of employment. When possible, UM members are to provide their supervisor with notice of at least one pay period, and UW members are to provide at least 10 working days’ notice. Members must also submit a medical note as soon as possible stating that the family member has a serious medical condition with a significant risk of death within 26 weeks and requires the care and support of one or more family members.
Compassionate Care Leaves in both the AESES-UM and AESES-UW Collective Agreements state that an eligible family member means a family member as defined by the Employment Standards Code of Manitoba. Family is defined very broadly in the Employment Standards Code. Children, stepchildren, parents, grandparents, spouses, common law spouses, brothers, sisters, step-brothers, step-sisters, aunts, uncles, nieces and nephews are all considered family members. The definition also includes those who are not related, but whom the employee considers to be like a close relative.
If the family member is not at risk of death, another option available is Leave Related to Critical Illness provided under the provincial Employment Standards Code. Employees can take up to 37 weeks of Leave Related to Critical Illness within a 52-week period to provide care to a critically ill child under 18 years old, and up to 17 weeks within a 52-week period to provide care to a critically ill adult. It can be taken in one or more periods, however, each period must be at least one week long. Leave Related to Critical Illness is an unpaid leave.
An employee caring for a critically ill child must have worked at least 30 days with the employer to be entitled to this leave. While an employee caring for a critically ill adult must have worked at least 90 days with the employer to be eligible. When possible, employees must give at least one pay period of notice before the leave and provide their employer with a medical note as soon as possible. Employees are still entitled to Leave Related to Critical Illness even if they are unable to give notice.
Compassionate Care Leave and Leave Related to Critical Illness allow employees time off to deal with these obligations without the loss of their job, but they are unpaid leaves. AESES members may be eligible for the federal EI (Employment Insurance) special benefits for workers who take time off work due to caring for a critically ill or injured person or family member. To find out more, call Service Canada toll-free at 1 800 O-Canada (1-800-622-6232) or use their online Benefits Finder: canada.ca/en/services/benefits/finder.html
If you need consultation on a caregiving situation, contact us at LabourTeam@aeses.ca.
For info on short-term family care leave options, see the Can You Tell Me: Resources for Family Care article in the December 2023 insideAESES newsletter.