EMPLOYEE FILES 10.01 A copy of any completed formal evaluation which is to be placed in an employee’s file shall be first reviewed with the employee. The employee shall initial such evaluation as having been read and shall have the opportunity to add her or his views to such evaluation prior to it being placed in her or his file. It is understood that such evaluations do not constitute disciplinary action by the Employer against the employee. Having provided a written request to the Director of Care, or her designate, an employee shall be entitled to her personnel file for the purpose of reviewing any evaluations or formal disciplinary notations contained therein, in the presence of the Director of Care, at a mutually agreeable time. 10.02 The Employer will accommodate reasonable requests for copies of performance appraisals and records of discipline in an employee's file. 10.03 Letters of discipline shall be removed from an employee's file eighteen (18) months following the receipt of such letters provided that the employee's disciplinary record has remained discipline free over the eighteen (18) months period. Leaves of absence in excess of thirty (30) continuous calendar days will not count towards the eighteen (18) months period noted above.
Returning Employee Rights Employees returning from authorized leave without pay will be employed in the same position or in another position in the same job classification, as determined by the Employer, provided that such reemployment is not in conflict with other articles in this Agreement. The employee and the Employer may enter into a written agreement regarding return rights at the commencement of the leave.
EMPLOYEE PERFORMANCE REVIEW AND EMPLOYEE FILES 39.01 For the purpose of this Article, (a) a formal assessment and/or appraisal of an employee’s performance means any written assessment and/or appraisal by any supervisor of how well the employee has performed the employee’s assigned tasks during a specified period in the past; (b) formal assessment and/or appraisals of employee performance shall be recorded on a form prescribed by the Employer for this purpose. 39.02 Prior to an employee performance review the employee shall be given: (a) the evaluation form that will be used for the review; (b) any written document that provides instructions to the person conducting the review. (a) When a formal assessment of an employee’s performance is made, the employee concerned must be given an opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read. An employee’s signature on the assessment form shall be considered to be an indication only that its contents have been read and shall not indicate the employee’s concurrence with the statements contained on the form. The employee shall be provided with a copy of the assessment at the time that the assessment is signed by the employee. (b) The Employer’s representative(s) who assesses an employee’s performance must have observed or been aware of the employee’s performance for at least one-half (1/2) of the period for which the employee’s performance is evaluated. (c) An employee has the right to make written comments to be attached to the performance review form. 39.04 Upon written request of an employee, the personnel file of that employee shall be made available once per year for the employee’s examination in the presence of an authorized representative of the Employer. 39.05 When a report pertaining to an employee’s performance or conduct is placed on that employee’s personnel file, the employee concerned shall be given an opportunity to: (a) sign the report in question to indicate that its contents have been read, and (b) submit such written representation as the employee may deem appropriate concerning the report and to have such written representations attached to the report. 39.06 In the absence of a management initiated annual performance appraisal, one shall be provided at the employee’s request.