Common use of Modified Work Plan Clause in Contracts

Modified Work Plan. The assignment of modified work to a partially disabled employee does not create a vacancy and must not result in a layoff, nor in the displacement of any other employee, including any employee on modified work or other duties, unless the employee consents to the displacement. If there are more employees at any time requiring modified work than there are assignments available, the available duties must be assigned to the employees capable of performingthe modified work in order of The duties assigned to modified work must be duties reasonably within or related to the duties within the bargaining unit. Disabled employees in modified work programs will continue to be paid at their rate of pay for hours worked unless wage improvements are made and/or the person is progressed to a higher rank. Where it has been determined, based on information received by the Health and Safety Services Representative that an employee’s partial disability is and the employee will be unable to return to regular job, the Corporation will make every reasonable attempt to supply such permanent accommodation within the employee’s department. Should such permanent accommodation not be available, the Corporation will make every reasonable attempt to provide such permanent accommodation, consistent with the employee’s qualifications, functional abilities and limitations in another department of the Corporation. Every reasonable effort will be made to update missed training assignments while a disabled employee is on modified work. The disabled employee will make every reasonable attempt to schedule therapy or treatment during off duty hours. In the event this is not possible there will be no interruption of earnings when such therapy or treatment occurs during scheduled work hours. Vacation entitlement during a modified work program shall be in accordance with Article of the Collective Agreement. Placement of the disabled employee will be determined by the functional abilities and limitations as outlined on the Medical Assessment Form, the type of modified work that is suitable and available with the final decision made by the Department Representative in consultation with the Team. The parties agree that should problems arise with the disabled employee’s modified work program, representatives of the Modified Work Program Team will meet at any time to discuss problems and identify solutions that are satisfactory to all parties. In the event the Health and Safety Services Representative has medical information with respect to the employee’s abilities and for the duration of the absence, the Corporation may require a health professional of the Corporation’s choice to contact the employee’s health professional directly for clarification of the information provided on the Medical Assessment Form and to provide information necessary for proper placement. Where there is conflicting medicallfunctional abilities, or in the event of a disagreement with the health professional of the Corporation’s choice and the employee’s treating physician, the employee shall be referred to a mutually agreed upon independent specialist in the field of medicine for the condition from which the employee is suffering, who will make the final determination with respect to disability.

Modified Work Plan. The assignment of modified work to a partially disabled employee does not create a vacancy and must not result in a layoff, nor in the displacement of any other employee, including any employee on modified work or other duties, unless the employee consents to the displacement. If there are more employees at any time requiring modified work than there are assignments available, the available duties must be assigned to the employees capable of performingthe modified work in order of The duties assigned to modified work must be duties reasonably within or related to the duties within the bargaining unit. Disabled employees in modified work programs will continue to be paid at their rate of pay for hours worked unless wage improvements are made and/or the person is progressed to a higher rank. Where it has been determined, based on information received by the Health and Safety Services Representative that an employee’s partial disability is and the employee will be unable to return to regular job, the Corporation will make every reasonable attempt to supply such permanent accommodation within the employee’s department. Should such permanent accommodation not be available, the Corporation will make every reasonable attempt to provide such permanent accommodation, consistent with the employee’s qualifications, functional abilities and limitations in another department of the Corporation. Every reasonable effort will be made to update missed training assignments while a disabled employee is on modified work. The disabled employee will make every reasonable attempt to schedule therapy or treatment during off duty hours. In the event this is not possible there will be no interruption of earnings when such therapy or treatment occurs during scheduled work hours. Vacation entitlement during a modified work program shall be in accordance with Article of the Collective Agreement. Placement of the disabled employee will be determined by the functional abilities and limitations as outlined on the Medical Assessment Form, the type of modified work that is suitable and available with the final decision made by the Department Representative in consultation with consultationwith the Team. The parties agree that should problems arise with the disabled employee’s modified work program, representatives of the Modified Work Program Team will meet at any time to discuss problems and identify solutions that are satisfactory to satisfactoryto all parties. In the event the Health and Safety Services Representative has medical information with respect to the employee’s abilities and for the duration of the absence, the Corporation may require a health professional of the Corporation’s choice to contact the employee’s health professional directly professionaldirectly for clarification of the information provided on the Medical Assessment Form and to provide information necessary for proper placement. Where there is conflicting medicallfunctional abilities, or in the event of a disagreement with the health professional of the Corporation’s choice and the employee’s treating physician, the employee shall be referred to a mutually agreed upon independent specialist in the field of medicine for the condition from which the employee is suffering, who will make the final determination with determinationwith respect to disability. It is understood that all medical information will be treated as confidential between the health professionals referred to above. The Department Representative will only be providedwith a list of the employee’s functional abilities and restrictions. Cost of the report from the independent specialist shall be borne by the Corporation if the Corporation determines it requires an independent medicalexamination. If there are more employees requiring permanent placements to a position than positions available, assignments will be made on the basis of an ability to perform the work. In such cases, should the employees be equally capable, the available work will be assigned in order of seniority. When an employee is placed under paragraph the employee’s position will be deemed to be vacant and the vacated will be filled. It is understood that nothing In this policy is intended to limit the Corporation’s obligation to accommodate disabled employees under the Ontario Human Rights Code.

Modified Work Plan. The assignment Board and the Union recognize the benefit of modified enabling injured and disabled Teachers to return to, or remain at suitable work to as early as the Teacher is willing and able. Participation in a partially disabled employee Modified Work Plan shall only be possible if participation does not create prejudice a vacancy Teacher’s right to access the sick leave and must not result in a layoff, nor in the displacement of any other employee, including any employee on modified work or other duties, unless the employee consents to the displacement. If there are more employees at any time requiring modified work than there are assignments available, the available duties must be assigned to the employees capable of performingthe modified work in order of The duties assigned to modified work must be duties reasonably within or related to the duties within the bargaining unit. Disabled employees in modified work programs will continue to be paid at their rate of pay for hours worked unless wage improvements are made and/or the person is progressed to a higher rank. Where it has been determined, based on information received by the Health and Safety Services Representative that an employee’s partial disability is and the employee will be unable to return to regular job, the Corporation will make every reasonable attempt to supply such permanent accommodation within the employee’s department. Should such permanent accommodation not be available, the Corporation will make every reasonable attempt to provide such permanent accommodation, consistent with the employee’s qualifications, functional abilities and limitations in another department of the Corporation. Every reasonable effort will be made to update missed training assignments while a disabled employee is on modified work. The disabled employee will make every reasonable attempt to schedule therapy or treatment during off duty hours. In the event this is not possible there will be no interruption of earnings when such therapy or treatment occurs during scheduled work hours. Vacation entitlement during a modified work program shall be in accordance with Article LTD provisions of the Collective Agreement. Placement Accordingly, the Board and the Union have developed this "Modified Work Plan" protocol to facilitate the return to work of its Teachers by making reasonable accommodations that fairly balance the needs of the disabled employee will be determined by the functional abilities and limitations as outlined on the Medical Assessment FormTeacher, the type members within the Unions and the Board. A committee composed of modified work that is suitable and available with the final decision made by the Department Representative in consultation with the Team. The parties agree that should problems arise with the disabled employee’s modified work program, three representatives of the Board, the President of the Union, the Collective Bargaining Representative, and one other member appointed by the Union shall be responsible for developing and supervising modified work plans for disabled Teachers . Sub-committees may be established to address the needs of specific Teachers . The committee shall develop a Work Plan to reconcile the employment needs and abilities of the disabled Teacher with the workplace needs of the system and the interest of the Union. Each Work Plan shall establish a start date, and a projected timetable with anticipated outcomes. The underlying principle behind each Modified Work Program Team will meet at Plan is to create a suitable position by modifying the Teacher’s regular position through the smallest possible changes to the Teacher’s position. Other positions may be modified only with the consent of the committee and the Teacher currently in the position to be modified. A position may be reserved to facilitate the Teacher’s return to full teaching status. After the committee has attempted all reasonable accommodations any time position modified, reserved and/or created under this provision shall be treated as non- permanent. No Teacher shall have the rate of pay reduced nor the fundamental quality of the normal position permanently eroded to discuss problems and identify solutions the detriment of the Teacher. For the purposes o f administering other provisions of the Collective Agreement, any positions that are satisfactory to all parties. In the event the Health and Safety Services Representative has medical information with respect to the employee’s abilities and for the duration of the absence, the Corporation may require a health professional of the Corporation’s choice to contact the employee’s health professional directly for clarification of the information provided on the Medical Assessment Form and to provide information necessary for proper placement. Where there is conflicting medicallfunctional abilities, or modified under this provision shall be treated in the event of a disagreement same manner as if they were regular positions with their regular duties. It is understood that the Unions reserve the right to access the grievance procedure up to and including arbitration should the Union disagree with the health professional Board's application of the Corporation’s choice and the employee’s treating physician, the employee shall be referred to a mutually agreed upon independent specialist in the field of medicine for the condition from which the employee is suffering, who will make the final determination with respect to disabilitythese Modified Work Plan provisions.

Modified Work Plan. The assignment Board and the Union recognize the benefit of modified enabling injured and disabled Teachers to return to, or remain at suitable work to as early as the Teacher is willing and able. Participation in a partially disabled employee Modified Work Plan shall only be possible if participation does not create prejudice a vacancy Teacher’s right to access the sick leave and must not result in a layoff, nor in the displacement of any other employee, including any employee on modified work or other duties, unless the employee consents to the displacement. If there are more employees at any time requiring modified work than there are assignments available, the available duties must be assigned to the employees capable of performingthe modified work in order of The duties assigned to modified work must be duties reasonably within or related to the duties within the bargaining unit. Disabled employees in modified work programs will continue to be paid at their rate of pay for hours worked unless wage improvements are made and/or the person is progressed to a higher rank. Where it has been determined, based on information received by the Health and Safety Services Representative that an employee’s partial disability is and the employee will be unable to return to regular job, the Corporation will make every reasonable attempt to supply such permanent accommodation within the employee’s department. Should such permanent accommodation not be available, the Corporation will make every reasonable attempt to provide such permanent accommodation, consistent with the employee’s qualifications, functional abilities and limitations in another department of the Corporation. Every reasonable effort will be made to update missed training assignments while a disabled employee is on modified work. The disabled employee will make every reasonable attempt to schedule therapy or treatment during off duty hours. In the event this is not possible there will be no interruption of earnings when such therapy or treatment occurs during scheduled work hours. Vacation entitlement during a modified work program shall be in accordance with Article LTD provisions of the Collective Agreement. Placement Accordingly, the Board and the Union have developed this "Modified Work Plan" protocol to facilitate the return to work of its Teachers by making reasonable accommodations that fairly balance the needs of the disabled employee will be determined by the functional abilities and limitations as outlined on the Medical Assessment FormTeacher, the type members within the Unions and the Board. A committee composed of modified work that is suitable and available with the final decision made by the Department Representative in consultation with the Team. The parties agree that should problems arise with the disabled employee’s modified work program, three representatives of the Board, the President of the Union, the Collective Bargaining Representative, and one other member appointed by the Union shall be responsible for developing and supervising modified work plans for disabled Teachers. Sub-committees may be established to address the needs of specific Teachers. The committee shall develop a Work Plan to reconcile the employment needs and abilities of the disabled Teacher with the workplace needs of the system and the interest of the Union. Each Work Plan shall establish a start date, and a projected timetable with anticipated outcomes. The underlying principle behind each Modified Work Program Team will meet at Plan is to create a suitable position by modifying the Teacher’s regular position through the smallest possible changes to the Teacher’s position. Other positions may be modified only with the consent of the committee and the Teacher currently in the position to be modified. A position may be reserved to facilitate the Teacher’s return to full teaching status. After the committee has attempted all reasonable accommodations any time position modified, reserved and/or created under this provision shall be treated as non- permanent. No Teacher shall have the rate of pay reduced nor the fundamental quality of the normal position permanently eroded to discuss problems and identify solutions the detriment of the Teacher. For the purposes of administering other provisions of the Collective Agreement, any positions that are satisfactory to all parties. In the event the Health and Safety Services Representative has medical information with respect to the employee’s abilities and for the duration of the absence, the Corporation may require a health professional of the Corporation’s choice to contact the employee’s health professional directly for clarification of the information provided on the Medical Assessment Form and to provide information necessary for proper placement. Where there is conflicting medicallfunctional abilities, or modified under this provision shall be treated in the event of a disagreement same manner as if they were regular positions with their regular duties. It is understood that the Unions reserve the right to access the grievance procedure up to and including arbitration should the Union disagree with the health professional Board's application of the Corporation’s choice and the employee’s treating physician, the employee shall be referred to a mutually agreed upon independent specialist in the field of medicine for the condition from which the employee is suffering, who will make the final determination with respect to disabilitythese Modified Work Plan provisions.