Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability. (b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary. (i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance. (ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above. (d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 5 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury A Regular Full-Time Employee who has completed six (which disease, illness or injury is hereinafter called the "disability"6) months of continuous service and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC WCB temporary disability benefits is accepted by the WorkSafeBCWCB, shall assign the employee's WorkSafeBC cheque all monies received from WCB to the Employer Corporation and the Employer Corporation shall pay the employee's ’s approximate net salary.
salary calculated on the employee’s regular classified rate of pay, subject to paragraph (ic) During a period of delay while WorkSafeBC is processing below. While a claim for WorkSafeBC WCB temporary disability benefitsbenefits is pending, the Employer employee will advance “regular salary” to the employee, provided the employee is be eligible for any available benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow WCB subsequently accepts an employee’s claim, the employee employee’s pay shall be entitled retroactivelyrecalculated retroactive for the period of the WCB claim.
(b) Where the first shift or part shift is not paid by the Workers’ Compensation Board, subject this shift or part shift shall be paid by the Corporation.
(c) Employees receiving Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance employment with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC Corporation shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) abovewage loss directly by WCB.
(d) Where an employee becomes entitled to Workers' Compensation is absent on Long Term Disability and/or WCB in excess of one (1) year, the employee’s annual vacation pay shall be prorated by the period of absence that exceeds one (1) year and payment is the employee shall not made accrue vacation for the first day or part dayperiod of absence that exceeds one (1) year.
(e) Where the WCB ceases paying temporary disability benefits to an employee and the employee is unable to return to work, such day or part day the time absent on WCB shall be paid by integrated with the EmployerSick Leave and Long Term Disability Plans and the employee shall be placed on the appropriate Plan at the point reached when WCB payments ceased.
Appears in 5 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Workers’ Compensation. (a) Where an a. Any employee who suffers from a disease job-related injury or illness will report, as soon as practicable, such injury or incurs personal illness to their immediate supervisor in writing.
b. Any employee who suffers a job-related injury (which disease, or illness or injury is hereinafter called the "disability") and is entitled to compensation therefor qualifies for benefits under the Workers' ’ Compensation ActLaw and because of such injury or illness is medically unable to return to work for more than three consecutive days after the occurrence, the employee shall not may be entitled granted administrative leave with pay for a period up to use sick leave for time lost by reason of any such disability30 duty days.
(b) An employeec. For any lost time that does not qualify under the Workers’ Compensation Law, whose claim leave will be charged accordingly.
d. Any Workers’ Compensation payments made for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, due to said injury or illness during this 30 duty-day period shall assign the employee's WorkSafeBC cheque be endorsed over to the Employer and the Employer shall pay the employee's approximate net salaryBoard.
(i) During e. If a period of delay while WorkSafeBC determination is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided made that the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent Workers’ Compensation, then all sick leave and annual leave up to the net 30 days provided in this provision, used as a result of the job-related injury or illness prior to such determination, shall be restored to the employee.
f. During the time the employee is drawing administrative leave with pay that or Workers’ Compensation benefits, the employee’s leave will not be permanently charged (leave may be initially charged and subsequently reversed).
g. For the purpose of determining weekly Workers’ Compensation benefits, the weekly wage will be based on the employee’s actual work year and per diem rate rather than the SMCPS 12-month pay schedule.
h. If unable to return to work after 30 duty days of approved administrative leave an employee would have received may elect to take sick or annual leave (sick leave must be exhausted first) in place of collecting Workers’ Compensation temporary disability payments.
i. An employee may not draw both a salary from the Board and Workers’ Compensation payments. If the employee receives a payment from Workers’ Compensation for the absence if same time that sick or annual leave was used towards salary, then their payment will be reduced by the absence had been treated as sick leave under amount of the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absenceWorkers’ Compensation payment. Where the The employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall will be entitled to the payment received from Workers’ Compensation.
j. After 30 days of approved administrative leave, employees who receive Workers’ Compensation in lieu of sick or annual leave will not be responsible for their health insurance premium (described in Article VII) for this time period.
k. Before an advance as described aboveemployee can return to work from a work-related injury, provided it is required that the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following have a decision by WorkSafeBC to accept or disallow an employee’s claim, medical release stating when the employee shall is able to return to work and that the employee is able to fulfill the requirements of their position or stating the reasonable accommodations that need to be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) abovemade.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 4 contracts
Sources: Agreement Between the Education Association of St. Mary’s County and the Board of Education of St. Mary’s County, Agreement Between the Education Association of St. Mary’s County and the Board of Education of St. Mary’s County, Collective Bargaining Agreement
Workers’ Compensation. In the event that an employee covered by this Agreement is injured while at work and as a consequence of said injury receives Worker's Compensation disability pay, said employee, shall receive their Worker’s Compensation payment plus such supplemental payment so that the total of their Worker’s Compensation and supplemental pay will equal their full pay at the same rate as they were paid prior to such injury or disease for a period not to exceed one hundred eighty (180) calendar days. These provisions are subject to the following restrictions:
(a) Where an employee suffers from In the event that a disease or illness or incurs personal injury (which diseaseWorker's Compensation claim is contested, illness or injury is hereinafter called the "disability") Worker's Compensation and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted supplemental pay by the WorkSafeBC, County shall assign be held up until the employee's WorkSafeBC cheque to claim is settled or an award made by the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, State at which time the employee shall be entitled to receive in a lump sum all their Worker's Compensation plus supplemental pay accumulated since the date of their first absence due to the injury or disease.
(b) During the period when an advance as described aboveemployee is entitled to full pay by the Employer under the provisions of this section there shall be no deductions from sick leave allowance, provided overtime allowance, or vacation credit of such employee.
(c) After one hundred eighty (180) calendar days if the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claimsick leave balance, the employee has the option of supplementing Worker’s Compensation up to a full paycheck as long as a sick leave balance remains. If the employee exercises the option to supplement Worker’s Compensation, such election shall be entitled retroactively, subject last for the duration of the Worker’s Compensation leave or until the sick leave balance is exhausted. The Employee will continue to meeting remain on the eligibility requirements under payroll and will continue to receive health and dental insurance. If the appropriate plan(s), employee returns to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessaryregular FTE status, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made will have their longevity credits restored for the first day or part day, such day or part day shall be paid by the Employerperiod of supplementation.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Workers’ Compensation. (a) Where an If a nurse is absent from work as the result of a compensable injury for which the employee suffers from is granted benefits by the Workplace Safety and Insurance Board for a disease period of temporary total disability, the Corporation agrees to pay, in addition to the amount of compensation awarded by the Board, the difference between the amount of the nurse's net regular salary or illness or incurs wages and the amount of the benefits for the period of temporary total disability for the first twenty-six (26) weeks of such disability. Such payments shall be subject to the following conditions:
1) The Workplace Safety and Insurance Board shall have determined that the employee has sustained personal injury (by accident arising out of and in the course of her employment with the Corporation.
2) The employee must have formally elected to take compensation in cases where any third party is involved.
3) Such payments shall not extend to cases of permanent total disability, in which diseasecases the benefits granted by the Workplace Safety and Insurance Board shall be final, illness or injury nor shall they extend to cases where the employment is hereinafter called terminated before the "period of temporary total disability has expired. In the event such absence continues beyond the said twenty-six week period, she will receive the amount awarded by the Workplace Safety and Insurance Board for the disability".
b) and is entitled Effective January 1, 1992, provided the Corporation continues to pay compensation therefor as a Schedule 2 Employer under the Workers' Compensation Act, where an employee is absent as a result of an injury allegedly sustained at work, and the employee shall not be entitled has made application for compensation and has elected to use sick leave for time lost by reason of any such disability.
(b) An employeetake compensation, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign Corporation will make advances at the employee's WorkSafeBC cheque normal rate of pay up to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” total amount equivalent to the employee, provided ’s sick leave credits. If the claim has not been approved by the Workplace Safety and Insurance Board at the exhaustion of the employee’s sick leave credits and the employee is eligible for benefits under continues to be absent, no further advances will be made by the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absenceCorporation. Where the employee has no accumulated sick leave credits or where to her credit, her wages will be discontinued until the Long Term Disability Plan does not accept Board renders its decision. If the claim is subsequently approved, the days charged against the employee’s sick leave claimfor such absence will be accordingly credited back to the employee.
(i) Subject to amendment to the Workers' Compensation Act, it is agreed that whenever an employee shall recover from a third party any amount claimed for loss of wages or sick leave, she shall repay to the Corporation forthwith the amount of all monies paid to her by the Corporation, either by way of sick leave or advances of salary or wages, in respect of the period for which such amount is recovered from the third party as aforesaid, provided that the amount to be repaid to the Corporation shall not exceed the amount recovered as aforesaid, and upon such repayment to the Corporation, the employee equivalent amount of any sick leave credit which may have been deducted, shall be entitled restored to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancesuch employee.
(ii) Following Where an employee is absent from work due to the recurrence of a decision compensable injury and for which injury the employee has been awarded a disability pension by WorkSafeBC to accept or disallow an employee’s claimthe Workplace Safety and Insurance Board, the employee Corporation shall be entitled retroactively, subject to meeting deduct and retain the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments prorated amount of such pension from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, benefits otherwise payable to such day or part day shall be paid by the Employeremployee.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Workers’ Compensation. (a) Where If an employee suffers from qualifies for Worker’s Compensation benefits, and the employee elects to have the Employer supplement the benefits, the following procedures shall apply:
1. The Employer shall pay the employee the employee’s regular rate of pay for the number of days the employee has accumulated as medically related disability leave.
2. The employee shall endorse and assign the Worker’s Compensation payments to the Employer for that period of time.
3. Should the Worker’s Compensation benefits be one-third or less the employee’s regular rate of pay, a disease full day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be more than one-third, but less than two-thirds the regular rate of pay, one-half day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be two-thirds or illness or incurs personal injury (which diseasemore of the regular rate of pay, illness or injury is hereinafter called no accumulated medically related disability leave shall be deducted for each day of absence.
4. The employee shall retain the "disability") Worker’s Compensation payments for periods of time following exhaustion of accumulated medically related disability leave. If an employee qualifies for Worker’s Compensation benefits, and is entitled the employee elects not to compensation therefor under have the Workers' Compensation ActEmployer supplement the benefit, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employeeretain the Worker’s Compensation benefits, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay make no deduction from the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary ’s accumulated medically related disability benefits, leave. The employee shall notify the Employer will advance “regular salary” of his/her option within three days of receipt of the Employer’s notice to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Planelect such option. “Regular salary” is defined Failure to report within such time limit shall be treated as an amount approximately equivalent election not to have the net pay that an employee would have received for Employer supplement the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancebenefits.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 3 contracts
Sources: Comprehensive Agreement, Comprehensive Agreement, Comprehensive Agreement
Workers’ Compensation. (a) Where If an employee suffers qualifies for Worker’s Compensation benefits, and the employee elects to have the Employer supplement the benefits, the following procedures shall apply:
1. The Employer shall pay the employee the employee’s regular rate of pay for the number of days the employee has accumulated as medically related disability leave.
2. The employee shall retain the Worker’s Compensation payments for the time period supplemented with medically-related disability leave. The employer will deduct the amount of the Worker’s Compensation payment from the employee’s district paycheck, leaving the employee at full pay for the said time period.
3. Should the Worker’s Compensation benefits be one-third or less the employee’s regular rate of pay, a disease full day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be more than one-third, but less than two-thirds the regular rate of pay, one-half day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be two-thirds or illness or incurs personal injury (which diseasemore of the regular rate of pay, illness or injury is hereinafter called no accumulated medically related disability leave shall be deducted for each day of absence.
4. The employee shall retain the "disability") Worker’s Compensation payments for periods of time following exhaustion of accumulated medically related disability leave. If an employee qualifies for Worker’s Compensation benefits, and is entitled the employee elects not to compensation therefor under have the Workers' Compensation ActEmployer supplement the benefit, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employeeretain the Worker’s Compensation benefits, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay make no deduction from the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary ’s accumulated medically related disability benefits, leave. The employee shall notify the Employer will advance “regular salary” of his/her option within three days of receipt of the Employer’s notice to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Planelect such option. “Regular salary” is defined Failure to report within such time limit shall be treated as an amount approximately equivalent election not to have the net pay that an employee would have received for Employer supplement the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancebenefits.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 3 contracts
Sources: Comprehensive Agreement, Comprehensive Agreement, Comprehensive Agreement
Workers’ Compensation. A) The provisions of the Worker's Disability Compensation Act of the State of Michigan shall apply in all accidents or injuries to employees in the course of employment.
B) Each full-time employee who is unable to work as a result of an injury arising out of the course of his or her employment shall receive one-hundred percent (a100%) Where an employee suffers from a disease or illness or incurs personal injury for one (which disease, illness or injury is hereinafter called 1) week waiting period required by the "disability") and is entitled to compensation therefor under the Workers' Worker's Disability Compensation Act, the employee which shall not be entitled chargeable to use his or her sick leave; provided, however, that whenever an employee receives Worker's Disability Compensation for the first week of injury, he or she shall pay over equal compensation to the City of Madison Heights.
C) When Worker's Disability Compensation benefits become effective, the employee may supplement such benefits with accrued sick leave allowance or vacation in that order up to the dollar amount of regular compensation received for a thirty-seven and one-half (37 1/2) hour work week where there are credits in the sick leave or vacation account. Sick leave may be used in amounts of less than half-day supplement pay up to thirty-seven and one-half (37 1/2) hours per week.
D) When sick leave allowance or vacation is exhausted, further payments shall then be limited to the amount provided under the provisions of the Worker's Disability Compensation Act.
E) An employee will not suffer loss of pay for time lost spent for doctor visits as a result of job related injury or illness. Such visits will only be allowed after approval by reason of any such disabilitysupervisor, unless scheduled on employee's time.
F) Any employee who sustains a job related injury and has exhausted his or her earned leave time, shall accrue all fringe benefits (bincluding sick and vacation days) not to exceed three (3) months from date of injury or illness, or after having exhausted sick and vacation benefits whichever is latest. Provided, however, that the City shall continue to pay hospitalization insurance premiums through the twelfth month following the injury.
G) An employee, whose claim employee injured on other gainful employment outside of City employment shall not be eligible for WorkSafeBC temporary worker's disability compensation benefits is accepted from the City.
H) In no case shall compensation received by the WorkSafeBC, shall assign employee from all City insurance and City sources exceed the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salaryactual wage.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor therefore under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Planlong term disability plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan long term disability plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Workers’ Compensation. When an Employee is absent as a result of an accident, occupational illness or disease in connection with the Employee’s employment and benefits are being paid by the Workers’ Compensation Board, the difference between the Employee’s regular net pay and the Workers’ Compensation payment will be paid by the Employer for a period not to exceed one (1) year and shall not reduce the Employee’s accumulated sick leave credits. The Employee’s vacation credits shall continue to accumulate at the normal rate while the Employee is on Workers’ Compensation for a period of up to six (6) months. In addition, the following shall outline tuberculosis compensation
(a) Where an employee suffers from a disease or illness or incurs personal injury Compensation Payable People seeking employment will be categorized as follows:
(which diseasei) Persons showing no signs of previous tuberculosis infection, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost as confirmed by reason of any such disabilitynegative tuberculin tests.
(bii) Persons showing no clinical evidence of disease, but with positive tuberculin and negative chest x-ray findings.
(iii) Persons showing evidence of inactive tuberculosis and who have never required treatment for the disease.
(iv) Persons showing evidence of arrested tuberculosis.
(v) Persons showing clinical signs of active tuberculosis (These will not be employed). Persons falling in categories i), ii) and iii) will be eligible for compensation if they meet the conditions of the clause following: An employeeEmployee who contracts Tuberculosis while in the employ of the Regional Health Authority shall be paid ninety (90%) of the salary the Employee was receiving at the time they were declared unfit for duty. When an Employee is declared by a qualified Tuberculosis specialist to be fit for light or part-time work, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBCthey will remain on full compensation, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salaryunless light or part- time work can be assigned.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee An Employee who requires testing away from home shall be entitled to an advance compensated for all lost time and expenses including travel costs as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advanceper Article 19.
(ii) Following a decision An Employee who has been requested by WorkSafeBC management to accept or disallow an employee’s claim, be absent from their place of work pending investigation of the employee clinical signs of Tuberculosis shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay receive full compensation in accordance with the provisions that are applicable Article 23.10(a) during the delay periodperiod between the date that the Employee is first absent and the date that a conclusive diagnosis is made. Such The amount payable under this section may be increased to one hundred (100%) percent of pay combined with any payments from WorkSafeBC shall be used to repay, by charging the additional amount to the extent necessary, the advance paid under paragraph (c)(i) aboveEmployee’s accumulated sick leave.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Workers’ Compensation. 29.01 Worker’s Compensation Board coverage will be provided by the Employer for Employees.
29.02 Employees shall not be paid sick leave benefits when they are absent from work and drawing Workers’ Compensation. An Employee absent on Workers’ Compensation for a period in excess of thirty (a30) Where an employee suffers from a disease calendar days shall not accumulate sick leave credits or illness or incurs personal injury (which disease, illness or injury is hereinafter called vacation entitlement during the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee period of absence.
29.03 Employees shall not be entitled to use sick leave for time lost by reason a compensating day off in lieu of any such disabilitya Named Holiday from the Employer while receiving benefits from Workers’ Compensation.
29.04 An Employee who has been on Workers’ Compensation in excess of thirty (b30) An employee, whose claim for WorkSafeBC temporary disability benefits calendar days and who is accepted certified by the WorkSafeBCWorkers’ Compensation Board to be fit to return to work and who is capable of performing the duties of their former position, shall assign provide the employee's WorkSafeBC cheque Employer with seven (7) days written notice of readiness to return to work. The Employer may accommodate return to work sooner than seven (7) calendar days where agreeable between the Employer and the Employer shall pay the employee's approximate net salaryEmployee.
(i) During a period 29.05 If an Employee sustains an injury in the course of delay while WorkSafeBC her duties with the Employer and is processing a claim for WorkSafeBC temporary disability benefitseligible to receive Workers’ Compensation, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day Employee shall be paid by the EmployerEmployer ninety percent (90%) of the Employee’s regular wages bi-weekly, as defined by the Workers’ Compensation Board, for the total period of entitlement, provided they assign over to the Employer on proper forms the monies due to her from the Workers’ Compensation Board.
29.06 The parties recognize that the Employer may be required to reconcile payments to the Employee with subsequent assigned payments from the Workers’ Compensation Board.
29.07 The Employee shall keep the Employer advised as to the progress of their condition on an ongoing basis.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Workers’ Compensation. (a) Where An employee who is incapacitated and unable to work as a result of an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called accident sustained while on duty in the "disability") and is entitled to compensation therefor under service of the Employer within the meaning of the Workers' Compensation ActAct shall continue to receive full net take home pay calculated at the basic rate of pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist:
(i) the employee assigns over to the Employer, on proper forms, the employee shall not be entitled monies due to use sick leave her from the WCB for time lost due to an accident, and
(ii) the employee's accumulated sick leave credits are sufficient so that an amount proportionate to the WCB supplement paid by reason the Employer, but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an employee is off work due to accident within the meaning of the WCB Act; and
(iii) the employee keeps the Employer informed regarding the status of her WCB claim and provides any such disabilitymedical or claim information that may be required by the Employer.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by The parties recognize that the WorkSafeBC, shall assign the employee's WorkSafeBC cheque Employer may be required to reconcile payments to the Employer and employee with subsequent assigned payments from the WCB. In light of this, the time limitation for correcting over or under payments provided in Article 27 shall not commence until the Employer shall pay the employee's approximate net salary.
(i) During a period has received reimbursement for WCB, or has issued any statement of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” adjustment to the employee, provided the employee whichever is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancelater.
(iic) Following a decision by WorkSafeBC An employee who is in receipt of Workers’ Compensation benefits and who is not eligible to accept or disallow an employee’s claim, receive the employee WCB Supplement pursuant to Article 24.01(b) shall be entitled retroactively, subject deemed to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveon a leave of absence without pay.
(d) Where an An employee becomes entitled in receipt of Workers' Compensation benefits shall:
(i) be deemed to remain in the continuous service of the Employer for purposes of prepaid health benefits and salary increments;
(ii) accrue vacation credits and sick leave for the first (1st) month of such absence.
24.02 An employee who has been on Workers' Compensation and payment who is not made for certified by the first day or part dayWorkers' Compensation Board to be fit to return to work and who is:
(i) capable of performing the duties of her former position shall provide the Employer with two (2) weeks written notice, such day or part day when possible, of readiness to return to work. The Employer shall reinstate the employee in the same classification held by her immediately prior to the disability with benefits that accrued to her prior to the disability;
(ii) incapable of performing the duties of her former position, shall be paid by entitled to benefits she is eligible for under Sick Leave or Short Term Disability or Long Term Disability, in accordance with Article 23 or 25.
24.03 The reinstatement of an employee in accordance with this Article shall not be construed as being a violation of the Employerposting and/or scheduling provisions of Articles 29 and 11.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Workers’ Compensation.
(a) Where An Employee who is incapacitated and unable to work as a result of an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called accident sustained while on duty in the "disability") and is entitled to compensation therefor under service of the Employer within the meaning of the Workers' ’ Compensation ActAct shall continue to receive full net take home pay calculated at the Basic Rate of Pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist:
(i) the Employee assigns over to the Employer, on proper forms, the employee shall not be entitled monies due to use sick leave them from the WCB for time lost due to an accident; and
(ii) the Employee’s accumulated sick leave credits are sufficient so that an amount proportionate to the WCB supplement paid by reason the Employer, but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an Employee is off work due to accident within the meaning of the WCB Act; and
(iii) the Employee keeps the Employer informed regarding the status of their WCB claim and provides any such disabilitymedical or claim information that may be required by the Employer.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by The Parties recognize that the WorkSafeBC, shall assign the employee's WorkSafeBC cheque Employer may be required to reconcile payments to the Employer and Employee with subsequent assigned payments from the WCB. In light of this, the time limitation for correcting over or under payments provided in Article 27 shall not commence until the Employer shall pay has received reimbursement from the employee's approximate net salaryWorkers’ Compensation Board, or has issued any statement of adjustment to the Employee, whichever is later.
(ic) During a period An Employee who is in receipt of delay while WorkSafeBC Workers’ Compensation benefits and who is processing a claim for WorkSafeBC temporary disability benefits, not eligible to receive the Employer will advance “regular salary” WCB Supplement pursuant to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee Article 24.01(b) shall be entitled deemed to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following be on a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveleave of absence without pay.
(d) Where an employee becomes entitled An Employee in receipt of Workers’ Compensation benefits shall:
(i) be deemed to Workers' Compensation remain in the continuous service of the Employer for purposes of prepaid health benefits and payment is not made salary increments;
(ii) accrue vacation credits and sick leave for the first day or part day(1st) month of such absence.
24.02 An Employee who has been on Workers’ Compensation and who is certified by the Workers’ Compensation Board to be fit to return to work and who is:
(a) capable of performing the duties of their former position, such day or part day shall provide the Employer with two (2) weeks written notice, when possible, of readiness to return to work. The Employer shall reinstate the Employee in the same classification held by them immediately prior to the disability with benefits that accrued to them prior to the disability;
(b) incapable of performing the duties of their former position, shall be paid by entitled to benefits they are eligible for under Sick Leave or Short-Term Disability or Long-Term Disability, in accordance with Articles 23 or 25.
24.03 The reinstatement of an Employee in accordance with this Article shall not be construed as being a violation of the Employerposting and/or scheduling provisions of Articles 11 and 29.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Workers’ Compensation. (a) Where An employee who is incapacitated and unable to work as a result of an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called accident sustained while on duty in the "disability") and is entitled to compensation therefor under service of the Employer within the meaning of the Workers' ’ Compensation ActAct shall continue to receive full net take home pay calculated at the basic rate of pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist:
(i) the employee assigns over to the Employer, on proper forms, the employee shall not be entitled monies due to use sick leave him from the WCB for time lost due to an accident; and
(ii) the employee’s accumulated sick leave credits are sufficient so that an amount proportionate to the WCB supplement paid by reason the Employer, but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an employee is off work due to accident within the meaning of the WCB Act; and
(iii) the employee keeps the Employer informed regarding the status of his WCB claim and provides any such disabilitymedical or claim information that may be required by the Employer.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by The parties recognize that the WorkSafeBC, shall assign the employee's WorkSafeBC cheque Employer may be required to reconcile payments to the Employer and employee with subsequent assigned payments from the WCB. In light of this, the time limitation for correcting over- or under- payments provided in Article 35 shall not commence until the Employer shall pay the employee's approximate net salary.
(i) During a period has received reimbursement for WCB, or has issued any statement of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” adjustment to the employee, provided the employee whichever is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancelater.
(c) An employee who is in receipt of Workers’ Compensation Benefits and who is not eligible to receive the WCB Supplement pursuant to Article 32.01 (ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject deemed to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveon a leave of absence without pay.
(d) Where an An employee becomes entitled in receipt of Workers’ Compensation benefits shall:
(i) be deemed to Workers' Compensation remain in the continuous service of the Employer for purposes of prepaid health benefits and payment is not made salary increments;
(ii) accrue vacation credits and sick leave for the first day or part day(1st) month of such absence.
32.02 An employee who has been on Workers’ Compensation and who is certified by the Workers’ Compensation Board to be fit to return to work and who is:
(a) capable of performing the duties of his former position shall provide the Employer with two (2) weeks’ written notice, such day or part day when possible, of readiness to return to work. The Employer shall reinstate the employee in the same classification held by him immediately prior to the disability with benefits that accrued to him prior to the disability;
(b) incapable of performing the duties of his former position, shall be paid by entitled to benefits he is eligible for under Sick Leave or Short Term Disability or Long-Term Disability, in accordance with Article 24 or Article 33.
32.03 The reinstatement of an employee in accordance with this Article shall not be construed as being a violation of the Employerposting provisions of Article 18.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Workers’ Compensation. (a1) Where Any employee who is absent because of an injury or disease payable under the Michigan Worker's Disability Compensation Act shall be treated in the following manner: For the first 7 calendar days of such absence, the employee shall be charged sick leave from his/her accumulated account or, if the employee so requests, personal business leave. If the employee has exhausted sick leave and/or personal business leave, s/he shall be considered "absent without pay" for any absences not covered by his/her accounts. If the employee's incapacitation continues to the 15th calendar day and/or beyond, the employee so affected shall have the sick leave and/or personal leave charged to his/her account for the first 5 working days of his/her absence restored to his/her account.
2) If the employee's incapacitation extends beyond the period of 7 calendar days, and it is determined that the injury/disability is payable under the Michigan Worker's Compensation Act, s/he shall not be charged sick leave and/or personal leave for any further absences for such incapacitation for a period of up to 90 calendar days from the date of said injury. The employee shall also, during this period of time, receive from the Board the difference between his/her Workers' Disability Compensation check and his/her regular salary. If an employee continues to work while undergoing prescribed rehabilitation and within six (6) months of the completion of the rehabilitation it is determined that surgery is required, s/he shall not be charged sick leave and/or personal leave for any further absences for a period of up to 45 calendar days from the date of the surgery. Under no circumstances shall the number of paid days exceed sixty-six (66) days under this provision. Example: Employee A suffers a qualifying injury. During the ninety (90) day window the employee is absent for twenty (20) paid days because of the injury. The individual returns to work and attends physical therapy as prescribed. Four months after therapy, it is determined that surgery is required to repair the damage from a disease or illness or incurs personal injury (which disease, illness or injury the injury. Even though the surgery will take place after the regular ninety day window is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Actclosed, the employee shall not be entitled to use charged sick leave and/or personal leave for any time lost by reason of any such disabilityoff for up to 45 additional calendar days.
(b3) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign If the employee's WorkSafeBC cheque incapacitation continues beyond the 90 calendar day period stated in Article 25.7 (2) above, s/he shall continue to receive the difference between his/her Worker's Disability Compensation check and his/her regular salary to the Employer extent and until such time as said employee has used up all of his/her remaining sick leave and/or personal leave time.
a) For purposes of this section, "full salary from the Employer Board" shall mean the individual's contracted amount. It shall not include extra work/extra pay contract riders, hourly paid Adult and Community Education assignments, or any other extra pay assignment.
b) It is also understood that, after the 90 calendar day period, the amount of sick leave or personal leave to be deducted from the employee's approximate net salary.
account will be 1/2 day or four (i4) During a period of delay while WorkSafeBC is processing a claim hours for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided any full day's absence. If the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claimabsent less than a full day, the employee shall will still be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first charged 1/2 day or part day, such day four (4) hours from his/her sick or part day shall be paid by the Employerpersonal leave account.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury A Regular Full‐Time Employee who has completed six (which disease, illness or injury is hereinafter called the "disability"6) months of continuous service and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC WCB temporary disability benefits is accepted by the WorkSafeBCWCB, shall assign the employee's WorkSafeBC cheque all monies received from WCB to the Employer Corporation and the Employer Corporation shall pay the employee's ’s approximate net salary.
salary calculated on the employee’s regular classified rate of pay, subject to paragraph (ic) During a period of delay while WorkSafeBC is processing below. While a claim for WorkSafeBC WCB temporary disability benefitsbenefits is pending, the Employer employee will advance “regular salary” to the employee, provided the employee is be eligible for any available benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow WCB subsequently accepts an employee’s claim, the employee employee’s pay shall be entitled retroactivelyrecalculated retroactive for the period of the WCB claim.
(b) Where the first shift or part shift is not paid by the Workers’ Compensation Board, subject this shift or part shift shall be paid by the Corporation.
(c) Employees receiving Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance employment with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC Corporation shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) abovewage loss directly by WCB.
(d) Where an employee becomes entitled to Workers' Compensation is absent on Long Term Disability and/or WCB in excess of one (1) year, the employee’s annual vacation pay shall be prorated by the period of absence that exceeds one (1) year and payment is the employee shall not made accrue vacation for the first day or part dayperiod of absence that exceeds one (1) year.
(e) Where the WCB ceases paying temporary disability benefits to an employee and the employee is unable to return to work, such day or part day the time absent on WCB shall be paid by integrated with the EmployerSick Leave and Long Term Disability Plans and the employee shall be placed on the appropriate Plan at the point reached when WCB payments ceased.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Workers’ Compensation. (a) Where If an employee suffers qualifies for Worker’s Compensation benefits, and the employee elects to have the Employer supplement the benefits, the following procedures shall apply:
1. The Employer shall pay the employee the employee’s regular rate of pay for the number of days the employee has accumulated as medically related disability leave. The employee shall retain the Worker’s Compensation payments for the time period supplemented with medically-related disability leave. The employer will deduct the amount of the Worker’s Compensation payments from the employee’s district paycheck, leaving the employee at full pay for the said time period.
2. Should the Worker’s Compensation benefits be one-third or less the employee’s regular rate of pay, a disease full day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be more than one-third, but less than two-thirds the regular rate of pay, one- half day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be two-thirds or illness or incurs personal injury (which diseasemore of the regular rate of pay, illness or injury is hereinafter called no accumulated medically related disability leave shall be deducted for each day of absence.
3. The employee shall retain the "disability") Worker’s Compensation payments for periods of time following exhaustion of accumulated medically related disability leave. If an employee qualifies for Worker’s Compensation benefits, and is entitled the employee elects not to compensation therefor under have the Workers' Compensation ActEmployer supplement the benefit, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employeeretain the Worker’s Compensation benefits, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay make no deduction from the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary ’s accumulated medically related disability benefits, leave. The employee shall notify the Employer will advance “regular salary” of his/her option within three days of receipt of the Employer’s notice to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Planelect such option. “Regular salary” is defined Failure to report within such time limit shall be treated as an amount approximately equivalent election not to have the net pay that an employee would have received for Employer supplement the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancebenefits.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 2 contracts
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor A. All employees covered under this Agreement are protected under the Workers' Ohio Worker's Compensation ActAct in cases of injury or death incurred in the course of or arising out of their employment.
B. An injury incurred while performing assigned responsibilities shall be reported to the injured employee's supervisor or other designated representative and an application shall be filed with the Bureau of Worker's Compensation. The Administration shall assist any employee in filing a worker's compensation claim. An injured employee shall have the option of applying for worker's compensation or using accrued sick leave. The injured employee shall indicate to the Business Manager prior to the end of the pay period immediately subsequent to the injury, in writing, which option the employee has chosen, except where extenuating circumstances make this impossible. Once the employee has indicated which option, he/she intends to select, the employee shall may not be entitled alter that decision.
C. An employee electing to use Worker's Compensation benefits in lieu of accumulated sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted shall have hospitalization/Major Medical Insurance provided by the WorkSafeBCEmployer, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” at no cost to the employee, provided other than the employee’s normal monthly payment, for a period not to exceed one (1) calendar year. Hospitalization beyond one year may be continued if the employee pays the fully insured equivalent amount (f.i.e.) directly to the Treasurer. These arrangements are the responsibility of the employee and shall be paid on the date given by the Treasurer. Section C shall not be applicable in the event it is prohibited by the district’s insurance carrier.
D. In the event that an employee chooses to apply for Workers' Compensation wage benefits in lieu of using accumulated sick leave days on a fully certified work related injury or illness, the employee is eligible entitled to apply for benefits under and receive a bi-weekly advance from the Accumulated Sick Leave Plan or Board to compensate for loss of income due to the Long Term Disability Plantime lag of issuance of Workers' Compensation wage benefits. “Regular salary” is defined Each bi-weekly advance shall be requested in writing on a form specified by the Board until such time as the employee begins receiving Workers' Compensation wage benefits. The advance will be issued on the same day as payroll checks in an amount approximately equivalent to specified by the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Planemployee, but no more than 65 per cent of ten (10) days' pay, or the Long Term Disability Planmaximum allowed by Workers' Compensation, whichever would is less. The advance will be a no-interest loan to which the employee will agree in writing to repay in full. The advance shall be fully repaid within one month after all wage benefits owed by the Bureau of Workers' Compensation have been applicable during paid. If an employee terminates employment or receives disability retirement through School Employees Retirement System, repayment must be made by the absenceeffective date of termination or retirement. Where If the employee defaults on repayment, the amount owed will be deducted from current earnings if on active pay status with the Board, or, if no longer employed by the Board, legal action will be taken. If the Bureau of Workers' Compensation denies wage benefits to the employee, the same repayment or default conditions would apply.
E. If the employee chooses to apply for Workers' Compensation, there shall be no loss or interruption of sick leave and seniority. For purposes of vacation accumulation, a person who has completed the minimum number of days to qualify for an additional step on the salary schedule shall also be considered to qualify for appropriate accrued vacation for that year; a person who has not met this minimum number of days shall have vacation prorated according to the number of days worked.
F. Any employee summoned by the Workers’ Compensation Board to attend a workers’ compensation hearing for a claim uncontested by the district shall do so without loss of pay or benefits.
G. If a claim contested by the district is found at a later date to be in favor of the employee, the district will reimburse the employee any time lost for attending the Workers’ Compensation Board hearing. In any event, compensation will occur only when the employee has no accumulated sick leave credits been summoned by the Workers’ Compensation Board to attend the hearing, rather than attendance at the hearing by his/her own volition.
H. The Association and Board oppose the illegal use of drugs by any employee and oppose the use of illegal drugs or alcohol which presents a significant risk to safe and effective performance of job responsibilities. The parties agree that it is in the best interest of the Board, Association, and all students that the District be a drug and alcohol-free work place. The Association and Board wholeheartedly support reasonable efforts by the other to obtain and maintain this result.
1. The Association further recognizes the right and duty of the Board to make, publish, and enforce rules and policies to assure this result.
2. The term “drug” includes cannabis, as well as other controlled substances including alcohol as defined in the Ohio Revised Code. The term “illegal drug usage” or “illegal drug abuse” includes the use of cannabis or any controlled substance which has not been legally prescribed and/or dispensed, or the abusive use of alcohol or a legally prescribed drug.
3. Before any reasonable suspicion testing program commences, at least four administrators appointed by the Superintendent and eight members appointed by the OAPSE President shall attend training offered by the Ohio Bureau of Workers’ Compensation in the detection and prevention of abuse of drugs or alcohol paid by the Board.
4. Employees may be tested for abusive illegal drug usage of drugs or alcohol where the Long Term Disability Plan does not accept the sick leave claim, there are reasonable grounds to believe that the employee shall to be entitled tested is abusing illegal drugs. Before an employee may be directed to an advance reasonable grounds testing, a committee composed of at least three appropriately trained administrative personnel will consider the specific, objective facts which raise reasonable concerns regarding illegal drug abuse and will meet with three appropriately trained OAPSE members appointed by the OAPSE President to review and discuss those facts and inferences. Such facts and inferences may be based upon, but are not limited to, any of the followings:
(A) Observable phenomena, such as described abovedirect observation of drug or alcohol use, provided possession or distribution, or the employee has sufficient annual vacation physical symptoms of being under the influence of drugs or other banked credits alcohol, such as but not limited to repay the advanceslurred speech, dilated pupils, odor of alcohol or marijuana, changes in affect, dynamic mood swings, etc.
(iiB) Following a decision by WorkSafeBC A pattern of abnormal conduct, erratic or aberrant behavior, or deteriorating work performance (e.g. frequent absenteeism, excessive tardiness, recurrent accidents) which appears to accept be related to substance or disallow an employee’s claim, the employee shall alcohol abuse and does not appear to be entitled retroactively, subject attributable to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveother factors.
(dC) Where The identification of an employee becomes entitled as a focus of a criminal investigation into unauthorized drug possession, use or trafficking.
(D) Repeated or flagrant violations of the Board’s safety or work rules, which are determined by a supervisor to Workers' Compensation pose a substantial risk of physical injury or property damage and payment is which appear to be related to substance use or substance use that may violate the Board’s drug free workplace policy and do not made for appear attributable to other factors.
5. Any member who may have caused or contributed to an on-the-job accident, as defined below, shall submit to a drug and/or alcohol test. “Accident” means an unplanned, unexpected or unintended event which occurs on Board property, during the first day conduct of the board’s business, or part dayduring working hours, such day or part day shall be paid by which involves Board-supplied motor vehicles or motor vehicles used in conducting the Employer.Board’s business, or within the scope of employment, and which results in any of the following:
Appears in 2 contracts
Sources: Negotiations Agreement, Negotiations Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, Plan or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Planlong term disability plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan long term disability plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Workers’ Compensation. (a) Where An Employee who is incapacitated and unable to work as a result of an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called accident sustained while on duty in the "disability") and is entitled to compensation therefor under service of the Employer within the meaning of the Workers' ’ Compensation Act, Act shall continue to receive full net take home pay calculated at the employee shall Basic Rate of Pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist:
(i) the Employee does not be entitled elect to use receive income replacement directly from the Workers’ Compensation Board; and
(ii) the Employee’s accumulated sick leave credits are sufficient so that an amount proportionate to the WCB supplement paid by the Employer, but in any event not less than one-tenth (1/10th) of a day, can be charged against such sick leave credits for time lost each day an Employee is off work due to accident within the meaning of the WCB Act; and
(iii) the Employee keeps the Employer informed regarding the status of their WCB claim and provides any medical or claim information that may be required by reason of any such disabilitythe Employer.
(b) An employeeEmployee who is in receipt of Workers’ Compensation benefits and who is not eligible to receive the WCB Supplement pursuant to Article 24.01 (a) (ii) shall be deemed to be on a leave of absence without pay. Once an Employee is deemed to be on a leave of absence without pay, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay administer wage replacement benefits as approved by the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay Workers’ Compensation Board in accordance with the provisions Workers’ Compensation Act less any required deductions.
(c) The parties recognize that are applicable during the delay period. Such pay combined Employer may be required to reconcile payments to the Employee with any subsequent assigned payments from WorkSafeBC shall be used to repay, to the extent necessaryWCB. In light of this, the advance paid time limitation for correcting over or under paragraph (c)(i) abovepayments provided in Article 27 shall not commence until the Employer has received reimbursement from the Workers’ Compensation Board.
(d) Where an employee becomes entitled An Employee in receipt of Workers’ Compensation benefits shall:
(i) be deemed to Workers' Compensation remain in the continuous service of the Employer for purposes of prepaid health benefits and payment is not made salary increments;
(ii) accrue vacation credits and sick leave for the first day or part day(1st) month of such absence.
24.02 An Employee who has been on Workers’ Compensation and who is certified by the Workers’ Compensation Board to be fit to return to work and who is:
(a) capable of performing the duties of their former position, such day or part day shall provide the Employer with two (2) week written notice, when possible, of readiness to return to work. The Employer shall reinstate the Employee in the same classification held by them immediately prior to the disability with benefits that accrued to them prior to the disability;
(b) incapable of performing the duties of their former position, shall be paid by entitled to benefits they are eligible for under Sick Leave or Short-Term Disability or Long-Term Disability, in accordance with Articles 23 or 25.
24.03 The reinstatement of an Employee in accordance with this Article shall not be construed as being a violation of the Employer.posting and/or scheduling provisions of Articles 11 and 29.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Workers’ Compensation. (a) Where An employee who is incapacitated and unable to work as a result of an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called accident sustained while on duty in the "disability") and is entitled to compensation therefor under service of the Employer within the meaning of the Workers' Compensation ActAct shall continue to receive full net take home pay calculated at the basic rate of pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist:
(i) the employee assigns over to the Employer, on proper forms, the employee shall not be entitled monies due to use sick leave her from the WCB for time lost due to an accident, and
(ii) the employee's accumulated sick leave credits are sufficient so that an amount proportionate to the WCB supplement paid by reason the Employer, but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an employee is off work due to accident within the meaning of the WCB Act; and
(iii) the employee keeps the Employer informed regarding the status of her WCB claim and provides any such disabilitymedical or claim information that may be required by the Employer.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by The parties recognize that the WorkSafeBC, shall assign the employee's WorkSafeBC cheque Employer may be required to reconcile payments to the Employer and employee with subsequent assigned payments from the WCB. In light of this, the time limitation for correcting over or under payments provided in Article 27 shall not commence until the Employer shall pay the employee's approximate net salary.
(i) During a period has received reimbursement for WCB, or has issued any statement of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” adjustment to the employee, provided the employee whichever is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancelater.
(iic) Following a decision by WorkSafeBC An employee who is in receipt of Workers’ Compensation Benefits and who is not eligible to accept or disallow an employee’s claim, receive the employee WCB Supplement pursuant to Article 24.01(b) shall be entitled retroactively, subject deemed to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveon a leave of absence without pay.
(d) Where an An employee becomes entitled in receipt of Workers' Compensation benefits shall:
(i) be deemed to remain in the continuous service of the Employer for purposes of prepaid health benefits and salary increments;
(ii) accrue vacation credits and sick leave for the first (1st) month of such absence.
24.02 An employee who has been on Workers' Compensation and payment who is not made for certified by the first day or part dayWorkers' Compensation Board to be fit to return to work and who is:
(a) capable of performing the duties of her former position shall provide the Employer with two (2) weeks written notice, such day or part day when possible, of readiness to return to work. The Employer shall reinstate the employee in the same classification held by her immediately prior to the disability with benefits that accrued to her prior to the disability;
(b) incapable of performing the duties of her former position, shall be paid by entitled to benefits she is eligible for under Sick Leave or Short Term Disability or Long Term Disability, in accordance with Article 23 or 25.
24.03 The reinstatement of an employee in accordance with this Article shall not be construed as being a violation of the Employerposting and/or scheduling provisions of Articles 29 and 11.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Workers’ Compensation. (a) Where An employee who is incapacitated and unable to work as a result of an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called accident sustained while on duty in the "disability") and is entitled to compensation therefor under service of the Employer within the meaning of the Workers' ’ Compensation ActAct shall continue to receive full net take home pay calculated at the basic rate of pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist:
(i) the employee assigns over to the Employer, on proper forms, the employee shall not be entitled monies due to use sick leave her from the WCB for time lost due to an accident; and
(ii) the employee’s accumulated sick leave credits are sufficient so that an amount proportionate to the WCB supplement paid by reason the Employer, but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an employee is off work due to accident within the meaning of the WCB Act; and
(iii) the employee keeps the Employer informed regarding the status of her WCB claim and provides any such disabilitymedical or claim information that may be required by the Employer.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by The Parties recognize that the WorkSafeBC, shall assign the employee's WorkSafeBC cheque Employer may be required to reconcile payments to the Employer and employee with subsequent assigned payments from the WCB. In light of this, the time limitation for correcting over or under payments provided in Article 27 shall not commence until the Employer shall pay has received reimbursement from the employee's approximate net salary.
(i) During a period Workers’ Compensation Board, or has issued any statement of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” adjustment to the employee, provided the employee whichever is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancelater.
(iic) Following a decision by WorkSafeBC An employee who is in receipt of Workers’ Compensation benefits and who is not eligible to accept or disallow an employee’s claim, receive the employee WCB Supplement pursuant to Article 24.01(b) shall be entitled retroactively, subject deemed to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveon a leave of absence without pay.
(d) Where an An employee becomes entitled in receipt of Workers’ Compensation benefits shall:
(i) be deemed to Workers' Compensation remain in the continuous service of the Employer for purposes of prepaid health benefits and payment is not made salary increments;
(ii) accrue vacation credits and sick leave for the first day or part day(1st) month of such absence.
24.02 An employee who has been on Workers’ Compensation and who is certified by the Workers’ Compensation Board to be fit to return to work and who is:
(a) capable of performing the duties of her former position, such day or part day shall provide the Employer with two (2) weeks written notice, when possible, of readiness to return to work. The Employer shall reinstate the employee in the same classification held by her immediately prior to the disability with benefits that accrued to her prior to the disability;
(b) incapable of performing the duties of her former position, shall be paid by entitled to benefits she is eligible for under Sick Leave or Short-Term Disability or Long-Term Disability, in accordance with Articles 23 or 25.
24.03 The reinstatement of an employee in accordance with this Article shall not be construed as being a violation of the Employerposting and/or scheduling provisions of Articles 11 and 29.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Workers’ Compensation. 22.01 An Employee who is unable to work as a result of a disability incurred while on duty in the service of the Employer and who qualifies for benefits pursuant to the Workers’ Compensation Act will receive benefits directly from the Workers’ Compensation Board.
22.02 If the Employee incurs delays in receiving payment(s) from the Workers’ Compensation Board, the Employer may advance or lend money, in the amount(s) due from the Workers’ Compensation Board providing the necessary repayment or cheque transfer forms are signed by the Employee.
22.03 An Employee receiving compensation benefits under the Benefits Article shall be deemed to be on Workers' Compensation leave and shall:
(a) Where an employee suffers from a disease or illness or incurs personal injury remain in the continuous service of the Employer for the purpose of salary increments and Prepaid Health Benefits;
(which disease, illness or injury is hereinafter called b) cease to earn sick leave and vacation credits subject to the "disability"Vacation and Sick Leave Articles;
(c) and is not be entitled to compensation therefor Named Holidays with pay falling within the period of Workers' Compensation leave.
22.04 An Employee on Workers' Compensation leave and who is certified by the Workers' Compensation Board to be fit to return to work and who is:
(a) capable of performing the duties of her former position shall provide the Employer with fourteen (14) days' written notice of readiness to work. Such advance notice shall not be required in the case of short term absence on Workers' Compensation leave, i.e. where the expected duration of the leave at the time of onset was less than twenty-eight (28) calendar days. The Employer shall then reinstate the Employee in the same position held by her immediately prior to the disability with benefits that accrued to her prior to the disability. However, if an Employee’s absence exceeds 18 months, the Employer may place her in a similar position in the same classification, FTE, increment in the salary schedule and other benefits that accrued to her prior to her disability.
(b) incapable of performing the duties of her former position, but is capable of performing the duties of a position within the Bargaining Unit, a reasonable effort shall be made by the Employer to place her in an available position for which she has the skill, training, knowledge and capability to perform. The Employer shall not unreasonably deny placement. In such case, the Union agrees to waive the posting provisions of the Collective Agreement.
(c) incapable of performing the duties of her former classification may make application for any benefits for which she is eligible under Sick Leave or Employee Benefits Plans.
22.05 The reinstatement of an Employee in accordance with this Article shall not be construed as being in violation of the posting and/or scheduling provisions of the Collective Agreement.
22.06 At the time it is determined that an absence due to injury which is compensable pursuant to the Workers' Compensation Act, the employee shall not be entitled to use sick leave is expected, or will continue for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period in excess of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefitssix (6) months from the date of onset of the condition, the Employer will advance “regular salary” provide the Employee with the appropriate form to submit a pending claim to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or Underwriter of the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to Income Insurance.
22.07 Any and all obligations of the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee Employer shall be entitled negated should the Employee fail to an advance as described above, provided keep the employee has sufficient annual vacation or other banked credits to repay Employer informed of the advanceprognosis of her condition in a prompt and timely manner.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Workers’ Compensation. (a) Where an A County employee suffers who has incurred bodily injury arising out of and in the course of actual performance of duty in the service of the County, which bodily injury totally incapacitates such employee from a disease or illness or incurs personal injury (which diseaseperforming any available County employment, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to disability compensation upon the following basis and subject to the following provisions:
A. The employee must be eligible for and receive Worker's Compensation on account of such bodily injury.
B. The total incapacity, as above set forth, must continue for the duration of the period of compensation.
C. Any employee suffering an advance as described aboveinjury within the meaning and definition of this paragraph shall immediately notify his/her supervisor. If instructed by the supervisor, the injured employee shall report to a medical facility approved by the County.
D. The employee, so incapacitated, shall be continued on the County payroll during the period of disability compensation hereinafter set forth.
E. For the period during which the employee is disabled and receiving pay supplemental to his/her Worker's Compensation, the employee will accumulate seniority, Sick Leave and Annual Leave time.
F. The County shall have the right to fill the position vacated by the employee receiving Worker's Compensation, through temporary appointment or hire, for the entire period in which the position is temporarily vacant, not withstanding Article 9, Employees. A current employee filling the position on a temporary basis shall not accrue classification seniority. The position shall become a regular vacancy at the time the active employment relationship is terminated with the employee receiving Worker's Compensation.
G. An employee returning from Worker's Compensation shall be placed in the same position, provided that said employee has produced medical certification that he/she can return to duty and perform the essential functions of the job with or without accommodation.
H. Disability compensation shall be made to such County employee in the following manner and upon the following basis:
1. The compensation received by such employee under the Worker's Compensation Act shall be supplemented by payment from his/her accumulated Sick Leave Reserve (and the employee's Annual Leave Bank if the employee so chooses) of that amount of money necessary to equal his/her regular salary and the employee's Sick Leave Reserve (and Annual Leave Bank if the employee had so chosen) shall be charged only in the same proportion as his/her Sick Leave Reserve (and Annual Leave Bank if the employee had so chosen) payment is to his/her regular wage or salary for the day, week, half-month, or other period. This supplement shall continue for 104 weeks or until the employee's Sick Leave Reserve (and Annual Leave Bank if the employee had so chosen) has been depleted, whichever occurs first.
2. If the employee's Sick Leave Reserve (and Annual Leave Bank if the employee so chooses) has been depleted and the employee has sufficient annual vacation been receiving Worker's Compensation payments for less than 104 weeks, the County of Macomb shall pay to such employee a sum of money, in addition to Worker's Compensation payments, whereby the combination of Worker's Compensation payments and such County supplement shall equal two-thirds (2/3) of the employee's regular wage or other banked credits salary. The County's two-thirds (2/3) pay supplement shall be made for a period not to repay exceed twenty-six (26) weeks; however, in no case shall the advancecombination of the supplement payments (H (1) and H (2)) exceed 104 weeks.
(ii) Following a decision 3. Upon the expiration of the 104 weeks an employee unable to return to duty shall be terminated by WorkSafeBC the County. The County will have no further obligation to accept or disallow an the former employee’s claim, unless the employee shall be entitled retroactivelyqualifies for and receives retirement benefits as provided in Article 23, subject to meeting Retirement System and the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveMacomb County Employees' Retirement Ordinance.
4. Any Sick or Annual Leave earned and accrued once the County two-thirds (d2/3) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day pay supplement begins shall be paid to the former employee upon termination of the active employment relationship.
I. The foregoing provisions shall neither restrict nor enlarge upon the provisions and benefits accorded by the EmployerMacomb County Employees' Retirement Ordinance relative to total and permanent disability provided for therein.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Workers’ Compensation. In the event that an employee covered by this Agreement is injured while at work and as a consequence of said injury receives Worker's Compensation disability pay, said employee shall receive his/her Worker's Compensation payment plus such supplemental payment so that the total of his/her Worker's Compensation and supplemental pay will equal his/her full pay at the same rate as he/she was paid prior to such injury or disease for a period not to exceed 180 calendar days. These provisions are subject to the following restrictions:
(a) Where an employee suffers from In the event that a disease or illness or incurs personal injury (which diseaseWorker's Compensation claim is contested, illness or injury is hereinafter called the "disability") Worker's Compensation and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted supplemental pay by the WorkSafeBC, County shall assign be held up until the employee's WorkSafeBC cheque to claim is settled or an award made by the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, State at which time the employee shall be entitled to receive in a lump sum all his/her Worker's Compensation plus supplemental pay accumulated since the date of his/her first absence due to the injury or disease.
(b) During the period when an advance as described aboveemployee is entitled to full pay by the Employer under the provisions of this section there shall be no deductions from sick leave allowance, provided overtime allowance, or vacation credit of such employee.
(c) After one hundred eighty (180) calendar days if the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claimsick leave balance, the employee has the option of supplementing Worker’s Compensation up to a full paycheck as long as a sick leave balance remains. If the employee exercises the option to supplement Worker’s Compensation, such election shall be entitled retroactively, subject last for the duration of the Worker’s Compensation leave or until the sick leave balance is exhausted. The Employee will continue to meeting remain on the eligibility requirements under payroll and will continue to receive health and dental insurance. If the appropriate plan(s), employee returns to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessarytheir regular FTE status, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made will have his/her longevity credits restored for the first day or part day, such day or part day shall be paid by the Employerperiod of supplementation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Workers’ Compensation. (a) Where an A permanent non-safety employee suffers from a disease shall continue to receive the appropriate percent regular monthly salary, for all accepted claims filed before January 1, 2000, during any period of compensable temporary disability absence not to exceed one year. For all accepted claims filed with the County on or illness or incurs personal injury (which diseaseafter January 1, illness or injury is hereinafter called 2000, the "disability") and is percentage of pay for employees entitled to compensation therefor Workers’ Compensation shall be decreased from 87% to 86%. For all accepted claims filed with the County on or after January 1, 2007, the percentage of regular monthly salary for employees entitled to Workers’ Compensation shall be decreased from eighty-six percent (86%) to eighty percent (80%). For all accepted claims filed with the County on or after January 1, 2008, the percentage of regular monthly salary for employees entitled to Workers’ Compensation shall be decreased from eighty percent (80%) to seventy-five percent (75%). This provision excludes those safety employees entitled to benefits as defined under the Workers' Compensation ActLaws of California, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability PlanLabor Code Section 4850. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to If Workers' Compensation becomes taxable, the County agrees to restore the original benefit level (100% of monthly salary) and payment is not made the parties shall meet and confer with respect to funding the increased cost.
A. Employees who leave work as a result of an on-the-job injury will have the balance of that day charged to continuing pay. This will be considered as the last day worked for purposes of determining Workers' Compensation benefits. A permanent employee shall receive the authorized percentage of regular salary during any period of compensable temporary disability absence. "Compensable temporary disability absence" for the first day or part daypurpose of this Section, such day or part day is any absence due to work-connected disability which qualifies for temporary disability compensation as set forth in Part 2, Article 3 of the Workers’ Compensation Laws of California. When any disability becomes permanent, the salary provided in this Section shall terminate. The employee shall return to the County all temporary disability payments received by him/her from any County funded wage replacement program. No charge shall be paid by made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which salary payments are made. The maximum period for the Employerdescribed salary continuation for any one injury or illness shall be one year from the date of temporary disability.
Appears in 1 contract
Sources: Memorandum of Understanding (Mou)
Workers’ Compensation. (a) Where If an employee suffers from a disease or illness or incurs personal injury (which diseasequalifies for Workers’ Compensation benefits, illness or injury is hereinafter called and the "disability") employee elects to have the Employer supplement the benefits, the following procedures shall apply:
1. The Employer shall pay the employee the employee’s regular rate of pay for the number of days the employee has accumulated as medically related disability leave.
2. The employee shall endorse and is entitled to compensation therefor under assign the Workers' ’ Compensation Actpayments to the Employer for that period of time.
3. Should the Workers’ Compensation benefits be one-third or less the employee’s regular rate of pay, a full day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be more than one-third but less than two-thirds the regular rate of pay, one-half day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be two- thirds or more of the regular rate of pay, no accumulated medically related disability leave shall be deducted for each day of absence.
4. The employee shall retain the Workers’ Compensation payments for periods of time following exhaustion of accumulated medically related disability leave. If an employee qualifies for Workers’ Compensation benefits, and the employee elects not to have the Employer supplement the benefit, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employeeretain the Workers’ Compensation benefits, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay make no deduction from the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary ’s accumulated medically related disability benefits, leave. The employee shall notify the Employer will advance “regular salary” or his/her option within three days of receipt of the Employer’s notice to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Planelect such option. “Regular salary” is defined Failure to report within such time limit shall be treated as an amount approximately equivalent election not to have the net pay that an employee would have received for Employer supplement the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancebenefits.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Sources: Comprehensive Agreement
Workers’ Compensation. (a) Where An Employee who is incapacitated and unable to work, as a result of an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called accident sustained while on duty in the "disability") and is entitled to compensation therefor under service of the Employer within the meaning of the Workers' ’ Compensation Act, shall receive compensation benefits directly from the employee Workers’ Compensation Board.
(b) Employees will be eligible to apply for sick leave benefits in accordance with Article 23: Sick Leave; during the period of time they are waiting for receipt of their claim from WCB. Sick leave benefits will be payable provided:
(i) the Employee has Sick Leave credits available; and
(ii) the Employee meets the eligibility requirements for Sick Leave; and
(iii) the Employee assigns her WCB benefits to the Employer, only to the extent that is required for the Employer to recover the money that was paid out for Sick Leave, once the WCB claim is approved. The Employer will then reinstate the Employee’s Sick Leave credits to the appropriate level. After the money for Sick Leave benefits has been recovered from the assigned WCB benefits, the Employee shall receive her benefits directly from the Workers’ Compensation Board.
24.02 An Employee receiving compensation benefits under Article 24.01 shall be deemed on Workers’ Compensation leave and shall:
(a) remain in the continuous service of the Employer for the purpose of salary increments and Prepaid Health Benefits; providing they continue to pay their cost share amount of the benefit premium; and
(b) cease to earn Vacation and Sick Leave credits; and
(c) not be entitled to use sick Named Holidays with pay falling within the period of Workers’ Compensation leave.
24.03 An Employee on Workers’ Compensation leave for and who is certified by the Workers’ Compensation Board to be fit to return to work and who is:
(a) capable of performing the duties of their former position, shall provide the Employer with twenty-eight (28) days’ written notice of readiness to work. Such advance notice shall not be required in the case of short term absence on Workers’ Compensation leave, i.e. where the expected duration of the leave at the time lost of onset was less than twenty-eight (28) calendar days. The Employer shall then reinstate the Employee in the same position held by reason of any such her immediately prior to the disability with benefits that accrued to her prior to the disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits incapable of performing the duties of her former position but is accepted by capable of performing the WorkSafeBCduties of her former classification, shall assign notify the employee's WorkSafeBC cheque Employer of her readiness to return to work. The Employer shall then reinstate her to a position for which she is capable of performing the work entailed, upon the occurrence of the first such available vacancy with benefits that accrued to her prior to the Employer and the Employer shall pay the employee's approximate net salary.disability;
(ic) During incapable of performing the duties of her former classification and is no longer receiving a period of delay while WorkSafeBC is processing a claim benefit from the Workers’ Compensation Board, may make application for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee any benefits for which she is eligible for benefits under the Accumulated Sick Leave Plan Article 22: Employee Benefits Plans or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.Article 23:
Appears in 1 contract
Sources: Collective Bargaining Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under In accordance with the Workers' Compensation Act, when an employee sustains an injury in the course of his duties with the Employer that causes the employee to be absent from work, the employee and employer shall not be entitled to use sick leave complete the required forms for time lost by reason of any such disability.
(b) An employee, whose Workers' Compensation. If the claim for WorkSafeBC temporary disability benefits is accepted approved by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claimWorkers' compensation Board, the employee shall be entitled paid his regular salary during the period he is required to remain off work up to (85) consecutive work days. If an advance as described aboveemployee is granted a total disability pension during this period or is unable to work when this period expires, he shall then receive the benefits available to him under the Workers' Compensation Act and the benefit provided under the Employer's Long Term Disability Income Benefits Plan, if eligible. The eligibility period specified in Clause shall not apply in the event of a reoccurrence of a disability due to a previously claimed injury, unless the employee has sufficient annual vacation or other banked credits not used the total eligibility period in which case the unexpended period of eligibility may be applied. When a day designated as a paid holiday under Article falls within a period of time an employee is eligible to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claimreceive Workers' Compensation, the employee it shall be entitled retroactivelycounted as a day of Workers' Compensation, subject to meeting the eligibility requirements and under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC no circumstances shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled receive any additional entitlement in respect of that day. An employee who is injured on the job during working hours and who is required to leave the job site for treatment, or is sent home as a result of such accident or injury, shall not suffer loss of pay for that day's work, regardless of the time of injury. A recipient of Workers' Compensation and payment benefits who at the commencement of absence from work pursuant to Clause is not made for participating in Alberta Health Care, Extended Medical, Group Life Insurance, Dental, or Plans shall continue to be covered under these plans throughout the first day or part day, such day or part day period the employee is receiving Workers' Compensation benefits. Premium contributions shall continue to be paid by the Employer.Employer and the employee as outlined in Articles and
Appears in 1 contract
Sources: Collective Bargaining Agreement
Workers’ Compensation. 37.1 Where permitted by the Workers’ Compensation Act and where it will not adversely affect the compensation to be paid to an Employee, the Employer shall provide the following benefits:
(a) Where an employee suffers from a disease or illness or incurs personal The first two days of injury (which disease, illness or injury is hereinafter called will be paid by the "disability") and is entitled to compensation therefor under Employer as permitted by the Workers' ’ Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by The supplementing (topping up) of pay (excluding the WorkSafeBC, shall assign the employee's WorkSafeBC cheque first two days following a compensable injury) up to the Employer and the Employer shall pay the employee's approximate net salary.
a maximum of ninety-five percent (i95%) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay pre- accident pay. It is the intent of the parties that under no circumstances shall an employee would have received receive an increase in their income while in receipt of Workers’ Compensation benefits. The value of such top-up shall be pro-rated and charged against accrued sick leave provided that the accrued sick leave balance is not less than the equivalent of five (5) sick leave days for the absence if applicable classification. Such top up shall expire once the absence had been treated as accrued sick leave under hours reach the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, minimum threshold described above and the employee shall be entitled to an advance as described above, provided paid only the employee has sufficient annual vacation or other banked credits to repay the advanceWorkers’ Compensation benefits.
(iic) Following a decision by WorkSafeBC Should this collective agreement contain specific language that entitles an employee to accept or disallow an employee’s claimaccrue sick leave benefits while in receipt of Workers Compensation benefits, then such accrual will only be available to the employee shall be entitled retroactively, subject upon their return to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall active employment and cannot be used to repaysupplement (top up) the current WCB claim. Should the collective agreement be silent on the accrual of sick leave while on WCB, to then the extent necessary, the advance paid under paragraph process as outline in (c)(ib) aboveabove shall prevail.
(d) Where The continuation of the payment of the Employer’s share of any benefit plans during the term of a compensable claim.
(e) Notwithstanding any other article of the collective agreement, when an employee becomes entitled Employee is off work on an approved Workers’ Compensation claim, the job will be posted temporarily for a period of up to Workers' Compensation and payment two (2) years. If the Employee is not made for able to return to work at the end of the two (2) year period, the job will be posted permanently. Should the Employee’s condition improve and is able to return to work, he/she shall be placed in a position equivalent to the position vacated because of the Workers’ Compensation illness or accident.
(f) An employee shall continue to accrue seniority while in receipt of Workers’ Compensation Benefits.
(g) When an Employee is in receipt of temporary earning replacement benefits under the Workers Compensation Act their vacation pay or entitlement shall continue to be paid during the first day twelve (12) months as if the Employee was actively at work. After twelve (12) months absence on WCB no further vacation benefit will accrue.
(h) An employee who participates in an ease back or part day, such day or part day return to work program following a period of Workers’ Compensation shall be paid by at the Employerhourly rate of pay for the employee’s permanent classification for all time spent at the work place unless the employee continues to receive full WCB benefits for the time worked.
Appears in 1 contract
Sources: Collective Agreement
Workers’ Compensation. 22.01 Any Employee who is absent because of an injury or disease compensable under the Michigan Workers' Compensation Act will be paid as directed by the Michigan Workers’ Compensation Act for the period of time that the Employee is absent.
22.02 Income protection under the Michigan Workers' Compensation Act will not commence until the Employee is off duty for seven (a7) Where consecutive calendar days. Up until that time, PTO days will be deducted. If an employee suffers Employee is off for fourteen (14) consecutive days as the result of the alleged injury or sickness, all deducted sick leave days will be returned to the Employee.
22.03 Employees will lose no time or pay and will not be charged any PTO for any required visits or return visits to the Employer's medical clinic or Employee's treating physician. Employees will attempt to visit/schedule follow up clinic/therapy visits before or after work.
22.04 In case an Employee, who suffered an on-the-job injury, is released to return to work in a limited capacity and is not able to assume his/her former position, and the Employer in its sole discretion determines to return the Employee, placement will be made to an assignment for which he/she is qualified consistent with the Employee's limitations. The Employer shall establish the rate of compensation for the position. However, it is expressly understood that an Employee who returns to work in a restricted position shall not suffer a loss of pay when compared to the compensation he/she would have received pursuant to workers’ compensation benefits. It is further understood that in the event that there are multiple bargaining unit members off work due to compensable injuries and there are limited restricted positions available, the Employee(s) who have been off work the longest period of time shall first be offered the position, provided he/she is capable of performing the responsibilities of the position. Furthermore, any Employee currently performing restricted responsibilities shall continue to receive the benefits and/or compensation he/she is currently receiving from a disease the Employer.
22.05 Employees off due to an injury or illness or incurs personal injury (which disease, illness or injury that is hereinafter called the "disability") and is entitled to compensation therefor compensable under the Workers' Compensation Act, the employee shall not be entitled Act will continue to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits accrue seniority. Employees sustaining injuries compensable under the Accumulated Sick Leave Plan Workers’ Compensation Act shall receive, single coverage health insurance benefits only for a maximum of one (1) year following the date of injury, if no LTD or the Long Term Disability PlanRetirement Application is filed. “Regular salary” is defined as an amount approximately equivalent Refer to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.Article 33 –
Appears in 1 contract
Sources: Collective Bargaining Agreement
Workers’ Compensation. (a) Where If an employee suffers from qualifies for Worker’s Compensation benefits, and the employee elects to have the Employer supplement the benefits, the following procedures shall apply:
1. The Employer shall pay the employee the employee’s regular rate of pay for the number of days the employee has accumulated as medically related disability leave.
2. The employee shall endorse and assign the Worker’s Compensation payments to the Employer for that period of time.
3. Should the Worker’s Compensation benefits be one-third or less the employee’s regular rate of pay, a disease full day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be more than one-third, but less than two-thirds the regular rate of pay, one- half day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be two-thirds or illness or incurs personal injury (which diseasemore of the regular rate of pay, illness or injury is hereinafter called no accumulated medically related disability leave shall be deducted for each day of absence.
4. The employee shall retain the "disability") Worker’s Compensation payments for periods of time following exhaustion of accumulated medically related disability leave. If an employee qualifies for Worker’s Compensation benefits, and is entitled the employee elects not to compensation therefor under have the Workers' Compensation ActEmployer supplement the benefit, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employeeretain the Worker’s Compensation benefits, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay make no deduction from the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary ’s accumulated medically related disability benefits, leave. The employee shall notify the Employer will advance “regular salary” of his/her option within three days of receipt of the Employer’s notice to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Planelect such option. “Regular salary” is defined Failure to report within such time limit shall be treated as an amount approximately equivalent election not to have the net pay that an employee would have received for Employer supplement the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancebenefits.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Sources: Comprehensive Agreement
Workers’ Compensation. (a) Where An Employee who is incapacitated and unable to work as a result of an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called accident sustained while on duty in the "disability") and is entitled to compensation therefor under service of the Employer within the meaning of the Workers' ’ Compensation ActAct shall continue to receive full net take home pay calculated at the Basic Rate of Pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist:
(i) the Employee assigns over to the Employer, on proper forms, the employee shall not be entitled monies due to use sick leave them from the WCB for time lost due to an accident; and
(ii) the Employee’s accumulated sick leave credits are sufficient so that an amount proportionate to the WCB supplement paid by reason the Employer, but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an Employee is off work due to accident within the meaning of the WCB Act; and
(iii) the Employee keeps the Employer informed regarding the status of their WCB claim and provides any such disabilitymedical or claim information that may be required by the Employer.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by The Parties recognize that the WorkSafeBC, shall assign the employee's WorkSafeBC cheque Employer may be required to reconcile payments to the Employer and Employee with subsequent assigned payments from the WCB. In light of this, the time limitation for correcting over or under payments provided in Article 27 shall not commence until the Employer shall pay has received reimbursement from the employee's approximate net salaryWorkers’ Compensation Board, or has issued any statement of adjustment to the Employee, whichever is later.
(ic) During a period An Employee who is in receipt of delay while WorkSafeBC Workers’ Compensation benefits and who is processing a claim for WorkSafeBC temporary disability benefits, not eligible to receive the Employer will advance “regular salary” WCB Supplement pursuant to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee Article 24.01(b) shall be entitled deemed to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following be on a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveleave of absence without pay.
(d) Where an employee becomes entitled An Employee in receipt of Workers’ Compensation benefits shall:
(i) be deemed to Workers' Compensation remain in the continuous service of the Employer for purposes of prepaid health benefits and payment is not made salary increments;
(ii) accrue vacation credits and sick leave for the first day or part day(1st) month of such absence.
24.02 An Employee who has been on Workers’ Compensation and who is certified by the Workers’ Compensation Board to be fit to return to work and who is:
(a) capable of performing the duties of their former position, such day or part day shall provide the Employer with two (2) weeks written notice, when possible, of readiness to return to work. The Employer shall reinstate the Employee in the same classification held by them immediately prior to the disability with benefits that accrued to them prior to the disability;
(b) incapable of performing the duties of their former position, shall be paid by entitled to benefits they are eligible for under Sick Leave or Short-Term Disability or Long-Term Disability, in accordance with Articles 23 or 25.
24.03 The reinstatement of an Employee in accordance with this Article shall not be construed as being a violation of the Employerposting and/or scheduling provisions of Articles 11 and 29.
Appears in 1 contract
Sources: Collective Agreement
Workers’ Compensation. A) The provisions of the Worker's Disability Compensation Act of the State of Michigan shall apply in all accidents or injuries to employees in the course of employment.
B) Each full-time employee who is unable to work as a result of an injury arising out of the course of his employment shall receive one-hundred percent (a100%) Where an employee suffers from a disease or illness or incurs personal injury for one (which disease, illness or injury is hereinafter called 1) week waiting period required by the "disability") and is entitled to compensation therefor under the Workers' Worker's Disability Compensation Act, the employee which shall not be entitled chargeable to use his sick leave; provided, however, that whenever an employee receives Worker's Disability Compensation for the first week of injury, he shall pay over equal compensation to the City of Madison Heights.
C) When Worker's Disability Compensation benefits become effective, the employee may supplement such benefits with accrued sick leave allowance or vacation (in that order up to the dollar amount of regular compensation received for a thirty-seven and one-half (37 1/2) hour work week where there are credits in the sick leave or vacation account. Sick leave may be used in amounts of less than half-day supplement pay up to thirty-seven and one-half (37 1/2) hours per week.
D) When sick leave allowance or vacation is exhausted, further payments shall then be limited to the amount provided under the provisions of the Worker's Disability Compensation Act.
E) An employee will not suffer loss of pay for time lost spent for doctor visits as a result of job related injury or illness. Such visits will only be allowed after approval by reason of any such disabilitysupervisor, unless scheduled on employee's time.
F) Any employee who sustains a job related injury and has exhausted his earned leave time, shall accrue all fringe benefits (bincluding sick and vacation days) not to exceed three (3) months from date of injury or illness, or after having exhausted sick and vacation benefits which ever is latest. Provided, however, that the City shall continue to pay hospitalization insurance premiums through the twelfth month following the injury.
G) An employee, whose claim employee injured on other gainful employment outside of City employment shall not be eligible for WorkSafeBC temporary worker's disability compensation benefits is accepted from the City.
H) In no case shall compensation received by the WorkSafeBC, shall assign employee from all City insurance and City sources exceed the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salaryactual wage.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Sources: Master Agreement
Workers’ Compensation. (a) Where When an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor being compensated under the Workers' ’ Compensation Act, the Employer shall pay a supplement to the employee equal to the difference between the earnings replacement benefits received from Workers’ Compensation and the employee’s net pre accident earnings. This supplement shall also apply to the first two days of an injury or accident for which an employee receives Workers’ Compensation benefits. It is the intent of the parties that under no circumstances shall an employee receive an increase in his/her income while in receipt of Workers’ Compensation benefits. When the supplement is being paid, the Employer shall deduct from the employee’s accumulated sick leave credits an equivalent number of sick leave hours as were paid in the supplement. When an employee’s accumulated sick leave credits are exhausted, the supplement shall cease and the employee shall not be entitled paid only the Workers’ Compensation benefits, paid directly to use sick leave for time lost the employee by reason of any such disabilityWorkers’ Compensation.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the The Employer and the Employer employee shall pay continue to cost share the employee's approximate net salarypremiums of the group health benefit plan and group life insurance while an employee is in receipt of Workers’ Compensation benefits up to a maximum period of eighteen (18) months.
(ic) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the An employee shall be entitled continue to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advanceaccrue seniority while in receipt of Workers’ Compensation benefits.
(iid) Following a decision by WorkSafeBC to accept or disallow an An employee shall accrue vacation credits while in receipt of Workers’ Compensation benefits until such time as the employee’s claim, vacation bank (including any vacation credits existing at the employee shall time of the injury) equals a maximum of one (1) year of annual vacation entitlement. Such vacation is to be entitled retroactively, subject used upon the employee’s return to meeting the eligibility requirements under the appropriate plan(s), to pay work in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveof Article 20.
(de) Where An employee shall not accrue any other benefits while on Workers’ Compensation.
(f) While an employee becomes Employee is awaiting approval of a claim for Workers’ Compensation benefits, she shall be entitled to claim sick leave benefits which are equivalent to the benefits the Employee would be paid under Workers' ’ Compensation. In the event the an Employee’s claim for Workers’ Compensation and payment benefits is not made approved, the Employee may apply for sick leave in accordance with sick leave provisions of the first day Agreement. Paid sick benefits would be limited to the sick leave accumulation then available and are conditional on the employee being able to establish to the Employer that the illness or part day, such day or part day shall be paid by injury prevents the Employeremployee from working.
Appears in 1 contract
Sources: Collective Agreement
Workers’ Compensation. 40.01 In accordance with the Workers’ Compensation Act, when an Employee sustains an injury in the course of his duties with the Employer, the Employee shall report the injury to his supervisor or nurse at the place of work. The supervisor or nurse shall record the date, time and nature of the injury and this record shall be signed by the Employee. If the injury causes the Employee to be sent from work, the Employee and Human Resources shall complete the required forms for Workers’ Compensation.
40.02 An Employee who suffers an injury which requires that he/she leave the worksite, shall have his salary maintained for the whole day for which he was injured and that day shall not be deducted from the period of eligibility outlined in Clause 40.03.
40.03 An Employee who suffers a compensable injury which causes him to be absent from work, shall have his basic salary maintained for the period he is absent from work up to a maximum of seventy (a70) Where an employee suffers from a disease or illness or incurs personal injury (which diseaseconsecutive work days provided that he assigns to Olds College, illness or injury is hereinafter called the "disability") and is entitled any benefits payable to compensation therefor under him by the Workers' Compensation ActBoard for lost wages.
40.04 If the Employee has not returned to work due to injury when his eligibility period has expired, he shall then be paid according to the employee rate prescribed by the Workers' Compensation Act and shall not be paid any benefit to which the Employee might be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or provisions of the Long Term Disability Plan. “Regular salary” .
40.05 The eligibility period specified in Clause 40.03, that is defined as an amount approximately equivalent seventy (70) working days, shall not apply in the event of a recurrence of a disability within three (3) months of a disability due to previously claimed injury unless the net pay Employee has not used the total eligibility period in which case the unexpended period of eligibility may be applied.
40.06 For clarification of any issues that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, arise with regard to Workers’ Compensation not mentioned in this Article or the Long Term Disability PlanOlds College Staff Handbook, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advanceplease contact Human Resources.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Sources: Collective Agreement
Workers’ Compensation. (a) Where An employee who is incapacitated and unable to work as a result of an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called accident sustained while on duty in the "disability") and is entitled to compensation therefor under service of the Employer within the meaning of the Workers' ’ Compensation ActAct shall continue to receive full net take home pay calculated at the basic rate of pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist:
(i) the employee assigns over to the Employer, on proper forms, the employee shall not be entitled monies due to use sick leave her from the WCB for time lost due to an accident; and
(ii) the employee’s accumulated sick leave credits are sufficient so that an amount proportionate to the WCB supplement paid by reason the Employer, but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an employee is off work due to accident within the meaning of the WCB Act; and
(iii) the employee keeps the Employer informed regarding the status of her WCB claim and provides any such disabilitymedical or claim information that may be required by the Employer.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by The Parties recognize that the WorkSafeBC, shall assign the employee's WorkSafeBC cheque Employer may be required to reconcile payments to the Employer and employee with subsequent assigned payments from the WCB. In light of this, the time limitation for correcting over or under payments provided in Article 27 shall not commence until the Employer shall pay has received reimbursement from the employee's approximate net salary.
(i) During a period Workers’ Compensation Board, or has issued any statement of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” adjustment to the employee, provided the employee whichever is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancelater.
(iic) Following a decision by WorkSafeBC An employee who is in receipt of Workers’ Compensation benefits and who is not eligible to accept or disallow an employee’s claim, receive the employee WCB Supplement pursuant to Article 24.01(b) shall be entitled retroactively, subject deemed to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveon a leave of absence without pay.
(d) Where an An employee becomes entitled in receipt of Workers’ Compensation benefits shall:
(i) be deemed to Workers' Compensation remain in the continuous service of the Employer for purposes of prepaid health benefits and payment is not made salary increments;
(ii) accrue vacation credits and sick leave for the first day or part day(1st) month of such absence.
24.02 An employee who has been on Workers’ Compensation and who is certified by the Workers’ Compensation Board to be fit to return to work and who is:
(a) capable of performing the duties of her former position, such day or part day shall provide the Employer with two (2) weeks written notice, when possible, of readiness to return to work. The Employer shall reinstate the employee in the same classification held by her immediately prior to the disability with benefits that accrued to her prior to the disability;
(b) incapable of performing the duties of her former position, shall be paid by entitled to benefits she is eligible for under Sick Leave or Short-Term Disability or Long-Term Disability, in accordance with Article 23 or 25.
24.03 The reinstatement of an employee in accordance with this Article shall not be construed as being a violation of the Employerposting and/or scheduling provisions of Articles 11 and 29.
Appears in 1 contract
Sources: Collective Agreement
Workers’ Compensation. (a) Where An employee who is incapacitated and unable to work as a result of an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called accident sustained while on duty in the "disability") and is entitled to compensation therefor under service of the Employer within the meaning of the Workers' Compensation ActAct shall continue to receive full net take home pay calculated at the basic rate of pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist:
(i) the employee assigns over to the Employer, on proper forms, the employee shall not be entitled monies due to use sick leave her from the WCB for time lost due to an accident; and
(ii) the employee's accumulated sick leave credits are sufficient so that an amount proportionate to the WCB supplement paid by reason the Employer, but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an employee is off work due to accident within the meaning of the WCB Act; and
(iii) the employee keeps the Employer informed regarding the status of her WCB claim and provides any such disabilitymedical or claim information that may be required by the Employer.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by The Parties recognize that the WorkSafeBC, shall assign the employee's WorkSafeBC cheque Employer may be required to reconcile payments to the Employer and employee with subsequent assigned payments from the WCB. In light of this, the time limitation for correcting over or under payments provided in Article 27 shall not commence until the Employer shall pay has received reimbursement from the employee's approximate net salary.
(i) During a period Workers' Compensation Board, or has issued any statement of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” adjustment to the employee, provided the employee whichever is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancelater.
(iic) Following a decision by WorkSafeBC An employee who is in receipt of Workers’ Compensation benefits and who is not eligible to accept or disallow an employee’s claim, receive the employee WCB Supplement pursuant to Article 24.01(b) shall be entitled retroactively, subject deemed to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveon a leave of absence without pay.
(d) Where an An employee becomes entitled in receipt of Workers' Compensation benefits shall:
(i) be deemed to remain in the continuous service of the Employer for purposes of prepaid health benefits and salary increments;
(ii) accrue vacation credits and sick leave for the first (1st) month of such absence.
24.02 An employee who has been on Workers' Compensation and payment who is not made for certified by the first day or part dayWorkers' Compensation Board to be fit to return to work and who is:
(a) capable of performing the duties of her former position shall provide the Employer with two (2) weeks written notice, such day or part day when possible, of readiness to return to work. The Employer shall reinstate the employee in the same classification held by her immediately prior to the disability with benefits that accrued to her prior to the disability;
(b) incapable of performing the duties of her former position, shall be paid by entitled to benefits she is eligible for under Sick Leave or Short Term Disability or Long Term Disability, in accordance with Article 23 or 25.
24.03 The reinstatement of an employee in accordance with this Article shall not be construed as being a violation of the Employerposting and/or scheduling provisions of Articles 11 and 29.
Appears in 1 contract
Sources: Collective Agreement
Workers’ Compensation. Effective 2024 January 01:
(a) Where an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor therefore under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(c) During the period that the employee is receiving temporary disability benefits from WorkSafeBC, the Employer shall ensure that the appropriate MPP contributions are made so that the employee suffers no loss to their MPP pension benefits.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(id)(i) above.
(de) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first (1st) day or part day, such day or part day shall be paid by the Employer. The intent of this language is to ensure that members on WorkSafeBC claims receive pension contributions equivalent to what they would receive as if they were reporting for duty.
Appears in 1 contract
Sources: Collective Agreement
Workers’ Compensation. Section 14.1. If eligible for time loss due to an on-the-job injury or occupational illness, the employee will keep their time loss check. Employees will receive their regular paycheck (aincluding any scheduled overtime) Where and benefits for the period they are receiving time loss payments. However, any time loss payments will be deducted from the employee’s paycheck and adjusted in the next available payroll cycle, or subsequent paychecks if the employee’s paycheck is insufficient to permit recovery. No sick leave will be deducted from the employee’s accruals for up to one-thousand forty (1040) hours immediately following the date of injury or occupational illness. These hours may be used intermittently. Employees will not be entitled to an additional one-thousand forty (1040) hours for aggravation of any such injury or illness. The employee shall continue to accrue all benefits including sick leave, vacation accrual, and health insurance. PERS will not be paid on any workers compensation wages.
Section 14.2. After the one-thousand forty (1040) hours, employees may use available sick leave payments in order to receive their regular gross wages. However, an employee’s sick leave bank account shall be charged for only the difference between the employee’s time loss payments and their regular gross wages. In the event an employee’s time loss benefits end, but they are unable to return to work, that employee may utilize full sick leave benefits in order to receive their regular gross wages. In the event an employee’s sick leave benefits are depleted, that employee may use available compensatory time and vacation pay to receive their regular gross wages. In the event an employee suffers from does not specify whether they prefer to utilize compensatory time or vacation pay, compensatory time will be used first, then vacation pay. The City shall not reduce the amount of family leave available to an employee eligible for leave under the Oregon Family Leave Act (OFLA) for any period the employee is unable to work because of a disease disabling compensable injury consistent with applicable law.
Section 14.3. If an employee’s workers’ compensation claim is disputed, the employee will be eligible to exercise the same options as outlined in Section 14.1, while the claim is in disputed status. In the event the employee’s injury or illness is determined to be non-compensable at any point in the workers’ compensation process, whether by the City’s workers’ compensation carrier or incurs personal through a workers’ compensation proceeding, the employee shall, from that date, be treated as though they suffered a non-compensable injury (which disease, or illness or injury is hereinafter called and shall be eligible to draw full available sick leave benefits. If the "disability") and is entitled to compensation therefor under the Workers' Compensation Actemployee’s sick leave benefits are depleted, the employee shall use available compensatory time and vacation pay. In the event an employee does not specify whether they prefer to utilize compensatory time or vacation pay, compensatory time will be entitled to use utilized first, then vacation pay.
Section 14.4. In the event there is a final decision issued through the Workers’ Compensation Board or Oregon courts, reversing a previous determination that an employee’s injury or illness was or was not compensable, the employee’s sick leave and other paid leave accounts will be adjusted to reflect what they should have received in sick leave and other benefits pursuant to Section 14.1, above. Any such adjustment will not, however, permit an employee to receive the restoration of sick leave or other paid leave benefits for any portion of an employee’s time lost by reason of any such disabilityoff for which they are receiving time loss or disability insurance benefits. If the employee’s sick leave and other paid leave accounts are insufficient to allow the City to adjust for overpayments, the employee’s sick leave account will be adjusted to reflect a negative balance. The City will not, however, reflect a negative balance in the employee’s other paid leave accounts or deduct from the employee’s subsequent paychecks to adjust for overpayments.
(b) An employeeSection 14.5. In the event that the procedure set forth in this Article is found to be in violation of state statute or other law, whose claim the City and Union agree to re-open this Article for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salarynegotiation.
Section 14.6. Employees who are granted light duty assignments, as well as employees who are working in their regular positions, while recovering from Workers’ Compensation injuries or illnesses will receive paid time off for absences from work that are attributable to such injuries or illnesses (ii.e. doctor’s appointments, physical therapy sessions, etc.) During for a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefitsone-thousand forty (1040) hours during the one (1) year period immediately following the date of original injury or illness. After the one-thousand forty (1040) hour period, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as employees may utilize sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancebenefits for such absences.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Workers’ Compensation. (a) Where an An employee suffers from excluding a disease or illness or incurs personal injury (which disease, illness or injury casual worker is hereinafter called the "disability") and is entitled to compensation therefor being compensated under the Workers' ’ Compensation Act, the Employer shall pay a supplement to the employee excluding a casual worker equal to the difference between the earnings replacement benefits received from Workers’ Compensation and the employee’s net pre accident earnings. This supplement shall also apply to the first two days of an injury or accident for which an employee receives Workers’ Compensation benefits. It is the intent of the parties that under no circumstances shall an employee receive an increase in his/her income while in receipt of Workers’ Compensation benefits. When the supplement is being paid, the Employer shall deduct from the employee’s accumulated sick leave credits an equivalent number of sick leave hours as were paid in the supplement. When an employee’s accumulated sick leave credits are exhausted, the supplement shall cease and the employee shall not be entitled to use sick leave for time lost by reason of any such disabilitypaid only the Workers’ Compensation benefits.
(b) An employeeThe Employer shall continue the eligibility of the Employee and the Employer's cost sharing relationship with the Employee so as to allow for the Employee to continue in the NSHEPP, whose claim Group Health and Group Life Plans. The Employee must agree to pay the usual cost shared amount (i.e. Group Health 65/35%, Dental 50%/50% and Group Life 50/50%) for WorkSafeBC temporary disability benefits is accepted participation in the Plans. This entitlement shall be reviewed by the WorkSafeBC, Employer on a year‐to‐year basis. In no case shall assign the employee's WorkSafeBC cheque to the Employer and be required to cost share the Employer benefits for a period longer than eighteen (18) months following the onset of the WCB period. This shall pay not determine the employeeEmployee's approximate net salaryeligibility to participate in the Plans.
(ic) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the The employee shall be entitled continue to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay accrue seniority while in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) abovereceipt of Workers’ Compensation benefits.
(d) Where an The employee becomes entitled to shall accrue vacation credits while in receipt of Workers' ’ Compensation and payment is not made for benefits until such time as the first day or part day, such day or part day shall be paid by employee’s vacation bank (including any vacation credits existing at the Employertime of the injury) equals a maximum of one (1) year of annual vacation entitlement.
Appears in 1 contract
Sources: Collective Agreement
Workers’ Compensation. (a) Where An Employee with sick leave credits accumulated prior to June 10, 2006, and who is incapacitated and unable to work as a result of an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called accident sustained while on duty in the "disability") and is entitled to compensation therefor under service of the Employer within the meaning of the Workers' ’ Compensation ActAct shall continue to receive full net take home pay calculated at the basic rate of pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist:
(i) the Employee assigns over to the Employer, on proper forms, the employee shall not be entitled monies due to use sick leave their from the WCB for time lost due to an accident; and
(ii) the Employee’s accumulated sick leave credits are sufficient so that an amount proportionate to the WCB supplement paid by reason the Employer, but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an Employee is off work due to accident within the meaning of the WCB Act; and
(iii) the Employee keeps the Employer informed regarding the status of their WCB claim and provides any such disabilitymedical or claim information that may be required by the Employer.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by The Parties recognize that the WorkSafeBC, shall assign the employee's WorkSafeBC cheque Employer may be required to reconcile payments to the Employer and Employee with subsequent assigned payments from the WCB. In light of this, reconciliation shall occur when the Employer shall pay has received reimbursement from the employee's approximate net salaryWorkers’ Compensation Board, or has issued any statement of adjustment to the Employee, whichever is later.
(ic) During a period An Employee who is in receipt of delay while WorkSafeBC Workers’ Compensation benefits and who is processing a claim for WorkSafeBC temporary disability benefits, not eligible to receive the Employer will advance “regular salary” WCB Supplement pursuant to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee Article 24.01(b) shall be entitled deemed to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following be on a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveleave of absence without pay.
(d) Where an employee becomes entitled An Employee in receipt of Workers’ Compensation benefits shall:
(i) be deemed to Workers' Compensation remain in the continuous service of the Employer for purposes of prepaid health benefits and payment is not made salary increments;
(ii) accrue vacation credits and sick leave for the first day or part day(1st) month of such absence.
24.02 An Employee who has been on Workers’ Compensation and who is certified by the Workers’ Compensation Board to be fit to return to work and who is:
(a) capable of performing the duties of their former position, such day or part day shall provide the Employer with two (2) weeks written notice, when possible, of readiness to return to work. The Employer shall reinstate the Employee in the same classification held by them immediately prior to the disability with benefits that accrued to them prior to the disability;
(b) incapable of performing the duties of their former position, shall be paid by entitled to benefits they are eligible for under Sick Leave or Short-Term Disability or Long-Term Disability, in accordance with Article 25.
24.03 The reinstatement of an Employee in accordance with this Article shall not be construed as being a violation of the Employerposting and/or scheduling provisions of Articles 11 and 29.
Appears in 1 contract
Sources: Collective Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") A Regular Full-Time Employee who has completed six months of continuous service and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC WCB temporary disability benefits is accepted by the WorkSafeBCWCB, shall assign the employee's WorkSafeBC cheque all monies received from WCB to the Employer and the Employer shall pay the employee's ’s approximate net salary.
salary calculated on the employee’s regular classified rate of pay, subject to paragraph (ic) During a period of delay while WorkSafeBC is processing below. While a claim for WorkSafeBC WCB temporary disability benefitsbenefits is pending, the Employer employee will advance “regular salary” to the employee, provided the employee is be eligible for any available benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow WCB subsequently accepts an employee’s claim, the employee employee’s pay shall be entitled retroactivelyrecalculated retroactive for the period of the WCB claim.
(b) Where the first shift or part shift is not paid by the Workers’ Compensation Board, subject this shift or part shift shall be paid by the Employer.
(c) Employees receiving Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance employment with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC Employer shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) abovewage loss directly by WCB.
(d) Where an employee becomes entitled to Workers' Compensation is absent on WorkSafeBC in excess of one year, the employee’s annual vacation pay shall be prorated by the period of absence that exceeds one year and payment is the employee shall not made accrue vacation for the first day or part dayperiod of absence that exceeds one year.
(e) Where the WCB ceases paying temporary disability benefits to an employee and the employee is unable to return to work, such day or part day the time absent on WCB shall be paid by integrated with the EmployerSick Leave and Long Term Disability Plans and the employee shall be placed on the appropriate Plan at the point reached when WCB payments ceased.
Appears in 1 contract
Sources: Collective Agreement
Workers’ Compensation. (a) Where If an employee suffers qualifies for Worker’s Compensation benefits, and the employee elects to have the Employer supplement the benefits, the following procedures shall apply:
1. The Employer shall pay the employee the employee’s regular rate of pay for the number of days the employee has accumulated as medically related disability leave. 25
2. The employee shall retain the Worker’s Compensation payments for the time period supplemented with medically-related disability leave. The employer will deduct the amount of the Worker’s Compensation payments from the employee’s district paycheck, leaving the employee at full pay for the said time period.
3. Should the Worker’s Compensation benefits be one-third or less the employee’s regular rate of pay, a disease full day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be more than one-third, but less than two-thirds the regular rate of pay, one- half day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be two-thirds or illness or incurs personal injury (which diseasemore of the regular rate of pay, illness or injury is hereinafter called no accumulated medically related disability leave shall be deducted for each day of absence.
4. The employee shall retain the "disability") Worker’s Compensation payments for periods of time following exhaustion of accumulated medically related disability leave. If an employee qualifies for Worker’s Compensation benefits, and is entitled the employee elects not to compensation therefor under have the Workers' Compensation ActEmployer supplement the benefit, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employeeretain the Worker’s Compensation benefits, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay make no deduction from the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary ’s accumulated medically related disability benefits, leave. The employee shall notify the Employer will advance “regular salary” of his/her option within three days of receipt of the Employer’s notice to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Planelect such option. “Regular salary” is defined Failure to report within such time limit shall be treated as an amount approximately equivalent election not to have the net pay that an employee would have received for Employer supplement the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancebenefits.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Sources: Comprehensive Agreement
Workers’ Compensation. (a) Where an A. Except for certain Circuit Court, Juvenile Division/Juvenile Justice Center employees who are covered under Section B of this Article, Worker's Compensation - For Certain Circuit Court, Juvenile Division/Juvenile Justice Center Employees, a County employee suffers who has incurred bodily injury arising out of and in the course of actual performance of duty in the service of the County, which bodily injury totally incapacitates such employee from a disease or illness or incurs personal injury (which diseaseperforming his/her assigned duties, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to disability compensation upon the following basis and subject to the following provisions:
1. The employee must be eligible for and receive Worker's Compensation on account of such bodily injury.
2. The total incapacity, as above set forth, must continue for the duration of the period of compensation.
3. Any employee suffering an advance as described aboveinjury within the meaning and definition of this paragraph shall immediately notify his/her supervisor. If instructed by the supervisor, the injured employee shall report to a medical facility approved by the County.
4. The employee, so incapacitated, shall be continued on the County payroll during the period of disability compensation hereinafter set forth.
5. For the period during which the employee is disabled and receiving pay supplemental to his/her Worker's Compensation, the employee will accumulate seniority, Sick Leave and Annual Leave time.
6. The County shall have the right to fill the position vacated by the employee receiving Worker's Compensation, through temporary appointment or hire, for the entire period in which the position is temporarily vacant, notwithstanding Article 9, Employee Defined. A current employee filling the position on a temporary basis shall not accrue classification seniority. The position shall become a regular vacancy at the time the active employment relationship is terminated with the employee receiving Worker's Compensation.
7. An employee returning from Worker's Compensation shall be placed in the same position, provided that said employee has produced medical certification that he/she can return to duty and perform the essential functions of the job with or without accommodation.
8. Disability compensation shall be made to such County employee in the following manner and upon the following basis:
a. The compensation received by such employee under the Worker's Compensation Act shall be supplemented by payment from his/her accumulated Sick Leave Reserve (and the employee's Annual Leave Bank if the employee so chooses) of that amount of money necessary to equal his/her regular salary and the employee's Sick Leave Reserve (and Annual Leave Bank if the employee had so chosen) shall be charged only in the same proportion as his/her Sick Leave Reserve (and Annual Leave Bank if the employee had so chosen) payment is to his/her regular wage or salary for the day, week, half-month, or other period. This supplement shall continue for 104 weeks or until the employee's Sick Leave Reserve (and Annual Leave Bank if the employee had so chosen) has been depleted, whichever occurs first.
b. If the employee's Sick Leave Reserve (and Annual Leave Bank if the employee so chooses) has been depleted and the employee has sufficient annual vacation been receiving Worker's Compensation payments for less than 104 weeks, the County of Macomb shall pay to such employee a sum of money, in addition to Worker's Compensation payments, whereby the combination of Worker's Compensation payments and such County supplement shall equal two-thirds (2/3) of the employee's regular wage or other banked credits salary. The County's 2/3rds pay supplement shall be made for a period not to repay exceed twenty-six (26) weeks; however, in no case shall the advancecombination of the supplement payments (A.8.a and A.8.b.) exceed 104 weeks.
(ii) Following a decision c. Upon the expiration of the 104 weeks an employee unable to return to duty shall be terminated by WorkSafeBC the County. The County will have no further obligation to accept or disallow an the former employee’s claim, unless the employee shall be entitled retroactivelyqualifies for and receives retirement benefits as provided in Article 24, subject to meeting Retirement System and the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveMacomb County Employees' Retirement Ordinance.
(d) Where an employee becomes entitled to Workers' Compensation d. Any Sick or Annual Leave earned and payment is not made for accrued once the first day or part day, such day or part day County 2/3rds pay supplement begins shall be paid to the former employee upon termination of the active employment relationship.
9. The foregoing provisions shall neither restrict nor enlarge upon the provisions and benefits accorded by the EmployerMacomb County Employees' Retirement Ordinance relative to total and permanent disability provided for therein.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Workers’ Compensation. (a) Where An Employee with sick leave credits accumulated prior to June 10, 2006, and who is incapacitated and unable to work as a result of an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called accident sustained while on duty in the "disability") and is entitled to compensation therefor under service of the Employer within the meaning of the Workers' ’ Compensation ActAct shall continue to receive full net take home pay calculated at the basic rate of pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist:
(i) the Employee assigns over to the Employer, on proper forms, the employee shall not be entitled monies due to use sick leave her from the WCB for time lost due to an accident; and
(ii) the Employee’s accumulated sick leave credits are sufficient so that an amount proportionate to the WCB supplement paid by reason the Employer, but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an Employee is off work due to accident within the meaning of the WCB Act; and
(iii) the Employee keeps the Employer informed regarding the status of her WCB claim and provides any such disabilitymedical or claim information that may be required by the Employer.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by The Parties recognize that the WorkSafeBC, shall assign the employee's WorkSafeBC cheque Employer may be required to reconcile payments to the Employer and Employee with subsequent assigned payments from the WCB. In light of this, reconciliation shall occur when the Employer shall pay has received reimbursement from the employee's approximate net salaryWorkers’ Compensation Board, or has issued any statement of adjustment to the Employee, whichever is later.
(ic) During a period An Employee who is in receipt of delay while WorkSafeBC Workers’ Compensation benefits and who is processing a claim for WorkSafeBC temporary disability benefits, not eligible to receive the Employer will advance “regular salary” WCB Supplement pursuant to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee Article 24.01(b) shall be entitled deemed to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following be on a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveleave of absence without pay.
(d) Where an employee becomes entitled An Employee in receipt of Workers’ Compensation benefits shall:
(i) be deemed to Workers' Compensation remain in the continuous service of the Employer for purposes of prepaid health benefits and payment is not made salary increments;
(ii) accrue vacation credits and sick leave for the first day or part day(1st) month of such absence.
24.02 An Employee who has been on Workers’ Compensation and who is certified by the Workers’ Compensation Board to be fit to return to work and who is:
(a) capable of performing the duties of her former position, such day or part day shall provide the Employer with two (2) weeks written notice, when possible, of readiness to return to work. The Employer shall reinstate the Employee in the same classification held by her immediately prior to the disability with benefits that accrued to her prior to the disability;
(b) incapable of performing the duties of her former position, shall be paid by entitled to benefits she is eligible for under Sick Leave or Short-Term Disability or Long-Term Disability, in accordance with Article 25.
24.03 The reinstatement of an Employee in accordance with this Article shall not be construed as being a violation of the Employerposting and/or scheduling provisions of Articles 11 and 29.
Appears in 1 contract
Sources: Collective Agreement
Workers’ Compensation. a) When an employee, who has been in the service of the City for three (3) continuous months is injured in the performance of their duties during working hours, the City shall pay to such employee, for all periods of absence resulting from the injury, an amount which, combined with Workers' Compensation Board payments, shall ensure to such employee the maintenance of their regular basic wage rate, less normal deductions.
b) If the employee was temporarily assigned to a higher classification level at the time of their injury, the regular basic wage rate as described in Clause (a) Where an above will be the rate at time of injury. Should the duration of the temporary assignment prior to injury be known, then the rate of compensation shall be reduced to the regular basic wage rate of the lower permanent classification upon the date the employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability"would have otherwise resumed their regular duties.
c) and is entitled to compensation therefor under the Workers' Compensation ActBoard payments, the employee as referred to herein, shall not be entitled to use sick leave for time lost by reason of any such disabilityconsidered as including "pension payments" or "cash settlement payments".
(bd) An employee, whose employee on Worker's Compensation shall continue to accrue vacation credits in the same manner as if they were on department sick leave.
e) An employee who has a claim for WorkSafeBC temporary disability benefits is accepted by Workers’ Compensation Board on or after January 1, 2021, will be eligible for retroactive pay as a result of the WorkSafeBC, shall assign negotiated general economic wage increase by the parties. The retroactive pay calculation will be based on the employee's WorkSafeBC cheque to ’s straight time regular basic wage rate (exclusive of overtime and all other premiums) at the Employer and time the Employer shall occupational injury was accepted by Workers’ Compensation Board. The retroactive pay calculation will be applied for the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under in receipt of a full-time Workers’ Compensation Board lost time entitlements and based on the Accumulated Sick Leave Plan or terms of the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent negotiated retroactive pay agreed to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employerparties.
Appears in 1 contract
Sources: Collective Agreement
Workers’ Compensation. (a) Where An employee who is incapacitated and unable to work as a result of an accident sustained while on duty in the service of the Employer within the meaning of the Workers’ Compensation Act shall continue to receive full net take home pay calculated at the basic rate of pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist:
(i) the employee does not elect to receive income replacement directly from the Workers’ Compensation Board; and
(ii) the employee’s accumulated sick leave credits are sufficient so that an amount proportionate to the WCB supplement paid by the Employer, but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an employee suffers from a disease or illness or incurs personal injury is off work due to accident within the meaning of the WCB Act; and
(which disease, illness or injury is hereinafter called the "disability"iii) and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not keeps the Employer informed regarding the status of their WCB claim and provides any medical or claim information that may be entitled to use sick leave for time lost required by reason of any such disabilitythe Employer.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by The Parties recognize that the WorkSafeBC, shall assign the employee's WorkSafeBC cheque Employer may be required to reconcile payments to the Employer and employee with subsequent assigned payments from the WCB. In light of this, the time limitation for correcting over or under payments provided in Article 27 shall not commence until the Employer shall pay has received reimbursement from the employee's approximate net salary.
(i) During a period Workers’ Compensation Board, or has issued any statement of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” adjustment to the employee, provided the employee whichever is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancelater.
(iic) Following a decision by WorkSafeBC An employee who is in receipt of Workers’ Compensation benefits and who is not eligible to accept or disallow an employee’s claim, receive the employee WCB Supplement pursuant to Article 24.01(A) shall be entitled retroactively, subject deemed to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveon a leave of absence without pay.
(d) Where an An employee becomes entitled in receipt of Workers’ Compensation benefits shall:
(i) be deemed to Workers' Compensation remain in the continuous service of the Employer for purposes of prepaid health benefits and payment is not made salary increments;
(ii) accrue vacation credits and sick leave for the first day or part day(1st) month of such absence.
24.02 An employee who has been on Workers’ Compensation and who is certified by the Workers’ Compensation Board to be fit to return to work and who is:
(a) capable of performing the duties of their former position, such day or part day shall provide the Employer with two (2) week written notice, when possible, of readiness to return to work. The Employer shall reinstate the employee in the same classification held by them immediately prior to the disability with benefits that accrued to them prior to the disability;
(b) incapable of performing the duties of their former position, shall be paid by entitled to benefits they are eligible for under Sick Leave or Short- Term Disability or Long-Term Disability, in accordance with Articles 23 or 25.
24.03 The reinstatement of an employee in accordance with this Article shall not be construed as being a violation of the Employerposting and/or scheduling provisions of Articles 11 and 29.
Appears in 1 contract
Sources: Collective Agreement
Workers’ Compensation. (a) Where an An employee suffers disabled and absent from duty as a disease or illness or incurs personal result of a service-connected injury (which diseaseincurred in the employment of the City, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use receive his straight-time salary without deduction from accumulated sick leave for time lost the period of said disability and absence, but not to exceed five (5) working days commencing with the date of injury. All Worker's Compensation payments received by reason of any such disabilitythe employee for this period shall be turned over to the City. This paragraph is limited to those situations where the City's physician requires the employee to be off work.
(b) An employeeSick leave will be applied to lost time and deducted for service-connecting disability other than that for which the employee receives Worker's Compensation insurance benefits for lost time, whose claim for WorkSafeBC temporary disability benefits is accepted only upon receipt of a statement signed by the WorkSafeBCCity Physician to the effect that the injured employee is unable to perform the regular duties or such other temporary task available in the framework of City functions, shall assign the in which event said employee's WorkSafeBC cheque to earned sick leave shall be used at the Employer and the Employer shall pay the employee's approximate net salaryrate of one (1) sick leave day for each day of such service-connected disability until such sick leave accumulation has been exhausted.
(ic) During An employee's absence from duty due to a period of delay while WorkSafeBC service-connected disability for which he/her is processing a claim receiving Worker's Compensation benefits shall not be compensated for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as deducted from his/her sick leave under unless he/she shall elect to be paid the Accumulated Sick Leave Plandifference between the Worker's Compensation received by him/her for such service-connected disability and his/her normal wage or salary; in which event, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated said employee's earned sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to at the extent necessary, the advance paid under paragraph rate of one-third (c)(i1/3) abovesick leave day for each day of such service-connected disability until such sick leave accumulation has been exhausted.
(d) Where Any employee disabled and absent from duty as a result of a service-connected injury incurred in the course of employment with the City of Muskegon, who has exhausted their sick leave option, shall receive economic accruals as of that date, except as specifically stated in the following sub-paragraphs:
1. Seniority shall continue to accrue (for example, if the employee is injured in the course of his/her employment in his tenth (10th) year of employment and returns to work three (3) years later, his/her seniority shall be as a thirteen-year (13) employee)."
2. Sick leave shall not be accrued, accumulated, or paid to an employee becomes entitled for any time when the employee has not worked."
(e) In no event shall any employee who has been disabled and absent from duty as a result of a service-connected injury incurred in the course of employment with the City of Muskegon take vacation time off in any one year in excess of that provided for in Article 31, Vacations. Any vacation days accumulated, but not used prior to Workers' Compensation and payment is not made for the first day or part day, such day or part day injury in excess of the maximum under Article 31 shall be paid by to the Employeremployee in the year the employee returns to duty.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or is absent due to illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the compensable by Workers' Compensation Act’ Compensation, the employee following shall not be entitled apply. The Employer shall continue to use sick leave for time lost by reason pay his share of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability and all health and welfare benefits. It is understood that the obligation of the Employer to pay the aforesaid benefits is accepted by while on Workers’ Compensation shall continue only so long as the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to employment relationship between the Employer and the Employer employee continues. [See The employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this agreement, except where specified otherwise, during any absence covered by Workers’ Compensation. Provided that the employee returns to work within fifty-two consecutive weeks of the date of illness or injury, time spent on Workers’ Compensation shall be considered as current year’s vacation entitlement under the terms of the Agreement. In the case of an absence due to a compensable accident, the employee will be paid at her regular rate of pay for all scheduled hours on the employee's approximate net salary.
(i) During day of the accident. In the case on an absence due to a period compensable accident, where the anticipated length of delay while WorkSafeBC such absence is processing a claim for WorkSafeBC temporary disability benefitsfour months or more, the Employer will advance “regular salary” to post notice of the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay vacancy in accordance with the job posting procedure of this Agreement. Where the anticipated absence is less than four months, the Employer may fill the position at his discretion. The injured employee shall have a period of two years from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with the seniority provisions and within which she shall have the right to return to work upon the recommendation of the Workers’ Compensation Board or the attending physician, which shall indicate to the Employer that are applicable during the delay periodemployee has the physical capability to perform her normal job. Such pay combined with any payments from WorkSafeBC If a full-time employee returns to work within fifty-two weeks following the commencement of a claim, and the employee’s former permanent position still exists, the employee will be returned to her former job, former shift if designated, classification and rate of pay. All employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. If an employee returns to work after fifty-two weeks following the commencement of the claim but prior to two full years mentioned in Article above, she shall be used returned to repay, her former job or to work of a comparable nature at the extent necessary, same salary level and without loss of seniority or benefits accrued in accordance with the advance paid under paragraph seniority provisions. (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall This would be paid effected by the Employerreturning employee displacing the employee with the least seniority in the category to which she is returning.) If, on the recommendation of the Workers’ Compensation Board or the attending physician the employee is capable only of performing work of a different kind, or of a lighter nature, and such work is available within the Retirement home, in a classification that is covered by this Agreement, then the returning employee may exercise her seniority if he/she has the qualifications, experience, and ability by bumping into the job at the applicable salary level, displacing the employee with the least seniority in the classification. benefits to which the employee would be entitled under the sick leave plan. Any payment under this provision will continue for a maximum duration equal to that of the weekly indemnity plan.
Appears in 1 contract
Sources: Collective Agreement
Workers’ Compensation. (a) Where If an employee suffers from a disease or illness or incurs personal injury (which diseasequalifies for Workers’ Compensation benefits, illness or injury is hereinafter called and the "disability") employee elects to have the Employer supplement the benefits, the following procedures shall apply:
1. The Employer shall pay the employee the employee’s regular rate of pay for the number of days the employee has accumulated as medically related disability leave.
2. The employee shall endorse and is entitled to compensation therefor under assign the Workers' ’ Compensation Actpayments to the Employer for that period of time.
3. Should the Workers’ Compensation benefits be one-third or less the employee’s regular rate of pay, a full day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be more than one-third but less than two-thirds the regular rate of pay, one-half day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be two-thirds or more of the regular rate of pay, no accumulated medically related disability leave shall be deducted for each day of absence.
4. The employee shall retain the Workers’ Compensation payments for periods of time following exhaustion of accumulated medically related disability leave. If an employee qualifies for Workers’ Compensation benefits, and the employee elects not to have the Employer supplement the benefit, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employeeretain the Workers’ Compensation benefits, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay make no deduction from the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary ’s accumulated medically related disability benefits, leave. The employee shall notify the Employer will advance “regular salary” or his/her option within three days of receipt of the Employer’s notice to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Planelect such option. “Regular salary” is defined Failure to report within such time limit shall be treated as an amount approximately equivalent election not to have the net pay that an employee would have received for Employer supplement the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancebenefits.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Sources: Comprehensive Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury A Regular Full-Time Employee who has completed six (which disease, illness or injury is hereinafter called the "disability"6) months of continuous service and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC WCB temporary disability benefits is accepted by the WorkSafeBCWCB, shall assign the employee's WorkSafeBC cheque all monies received from WCB to the Employer and the Employer shall pay the employee's ’s approximate net salary.
salary calculated on the employee’s regular classified rate of pay, subject to paragraph (ic) During a period of delay while WorkSafeBC is processing below. While a claim for WorkSafeBC WCB temporary disability benefitsbenefits is pending, the Employer employee will advance “regular salary” to the employee, provided the employee is be eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow WCB subsequently accepts an employee’s claim, the employee employee’s pay shall be entitled retroactively, subject to meeting recalculated retroactive for the eligibility requirements under period of the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveWCB claim.
(db) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part dayday is not paid by the Workers’ Compensation Board, such this day or part day shall be paid by the Employer.
(c) Employees receiving Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior to employment with the Employer shall be paid wage loss directly by WCB.
(d) Where an employee is absent on Long Term Disability and/or WCB in excess of one (1) year, the employee’s annual vacation pay shall be prorated by the period of absence that exceeds one (1) year and the employee shall not accrue vacation for the period of absence that exceeds one (1) year.
(e) Where the WCB ceases paying temporary disability benefits to an employee and the employee is unable to return to work, the time absent on WCB shall be integrated with the Sick Leave and Long Term Disability Plans and the employee shall be placed on the appropriate Plan at the point reached when WCB payments ceased.
Appears in 1 contract
Sources: Collective Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury (which disease, illness 25.01 Each accident or injury incurred on duty must be reported to the Employer.
25.02 Employees shall be covered by the Workers' Compensation Act and Regulations thereunder. An employee who is hereinafter called unable to work as a result of a disability incurred while on duty in the "service of the Employer, and who qualifies for benefits pursuant to the Workers’ Compensation Act, will receive compensation benefits directly from the Workers' Compensation Board.
25.03 An employee who has been on Workers' Compensation, and who is certified by the Workers' Compensation Board to be fit to return to work, and who is capable of performing the duties of her former position, shall provide the Employer with two (2) weeks written notice of her readiness to return to work. The Employer shall then reinstate the employee in the same position held by her immediately prior to the disability with benefits that accrued to her prior to the disability". In circumstances where the employee is fit to return and the Employer can make the employee’s position available before the two weeks’ notice has expired, then the employee shall return to work at that time.
25.04 At the expiration of twenty-four (24) and is entitled to compensation therefor under months from the first day of absence as a result of an accident sustained while on duty in the service of the Employer within the meaning of the Workers' Compensation Act, an employee who is not capable of returning to work shall be considered to have terminated her employment relationship with the Employer.
25.05 For the purpose of determining salary increments, a regular employee who is in receipt of Workers' Compensation benefits shall be deemed to remain in the continuous service of the Employer.
25.06 The reinstatement of an employee in accordance with this Article shall not be construed as being in violation of the posting and/or scheduling provisions of Articles 11 and 14.
25.07 Employees who are in receipt of Workers' Compensation shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employeenamed holidays, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, and shall assign the employee's WorkSafeBC cheque cease to the Employer accrue vacation and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled if such absence due to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancedisability exceeds thirty (30) calendar days.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Sources: Collective Agreement
Workers’ Compensation. In the event that an employee covered by this Agreement is injured while at work and as a consequence of said injury receives Worker's Compensation disability pay, said employee, shall receive his/her Worker’s Compensation payment plus such supplemental payment so that the total of his/her Worker’s Compensation and supplemental pay will equal his/her full pay at the same rate as he/she was paid prior to such injury or disease for a period not to exceed one hundred eighty (180) calendar days. These provisions are subject to the following restrictions:
(a) Where an employee suffers from In the event that a disease or illness or incurs personal injury (which diseaseWorker's Compensation claim is contested, illness or injury is hereinafter called the "disability") Worker's Compensation and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted supplemental pay by the WorkSafeBC, County shall assign be held up until the employee's WorkSafeBC cheque to claim is settled or an award made by the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, State at which time the employee shall be entitled to receive in a lump sum all their Worker's Compensation plus supplemental pay accumulated since the date of their first absence due to the injury or disease.
(b) During the period when an advance as described aboveemployee is entitled to full pay by the Employer under the provisions of this section there shall be no deductions from sick leave allowance, provided overtime allowance, or vacation credit of such employee.
(c) After one hundred eighty (180) calendar days if the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claimsick leave balance, the employee has the option of supplementing Worker’s Compensation up to a full paycheck as long as a sick leave balance remains. If the employee exercises the option to supplement Worker’s Compensation, such election shall be entitled retroactively, subject last for the duration of the Worker’s Compensation leave or until the sick leave balance is exhausted. The Employee will continue to meeting remain on the eligibility requirements under payroll and will continue to receive health and dental insurance. If the appropriate plan(s), employee returns to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessaryregular FTE status, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made will have his/her longevity credits restored for the first day or part day, such day or part day shall be paid by the Employerperiod of supplementation.
Appears in 1 contract
Sources: Collective Bargaining Agreement
Workers’ Compensation. 38.1 Where permitted by the Workers’ Compensation Act and where it will not adversely affect the compensation to be paid to an Employee, the Employer shall provide the following benefits:
(a) Where an employee suffers from a disease or illness or incurs personal The first two days of injury (which disease, illness or injury is hereinafter called will be paid by the "disability") and is entitled to compensation therefor under Employer as permitted by the Workers' ’ Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by The supplementing (topping up) of pay (excluding the WorkSafeBC, shall assign the employee's WorkSafeBC cheque first two days following a compensable injury) up to the Employer and the Employer shall pay the employee's approximate net salary.
a maximum of ninety-five percent (i95%) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay pre-accident pay. It is the intent of the parties that under no circumstances shall an employee would have received receive an increase in his/her income while in receipt of Workers’ Compensation benefits. The value of such top-up shall be pro-rated and charged against accrued sick leave provided that the accrued sick leave balance is not less than the equivalent of five (5) sick leave days for the absence if applicable classification. Such top up shall expire once the absence had been treated as accrued sick leave under hours reach the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, minimum threshold described above and the employee shall be entitled to an advance as described above, provided paid only the employee has sufficient annual vacation or other banked credits to repay the advanceWorkers’ Compensation benefits.
(iic) Following a decision by WorkSafeBC Should this collective agreement contain specific language that entitles an employee to accept or disallow an employee’s claimaccrue sick leave benefits while in receipt of Workers Compensation benefits, then such accrual will only be available to the employee shall be entitled retroactively, subject upon his/her return to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall active employment and cannot be used to repaysupplement (top up) the current WCB claim. Should the collective agreement be silent on the accrual of sick leave while on WCB, to then the extent necessary, the advance paid under paragraph process as outline in (c)(ib) aboveabove shall prevail.
(d) Where The continuation of the payment of the Employer’s share of any benefit plans during the term of a compensable claim.
(e) Notwithstanding any other article of the collective agreement, when an employee becomes entitled Employee is off work on an approved Workers’ Compensation claim, the job will be posted temporarily for a period of up to Workers' Compensation and payment two (2) years. If the Employee is not made for able to return to work at the end of the two (2) year period, the job will be posted permanently. Should the Employee’s condition improve and is able to return to work, he/she shall be placed in a position equivalent to the position vacated because of the Workers’ Compensation illness or accident.
(f) An employee shall continue to accrue seniority while in receipt of Workers’ Compensation Benefits.
(g) When an Employee is in receipt of temporary earning replacement benefits under the Workers Compensation Act his/her vacation pay or entitlement shall continue to be paid during the first day or part day, such day or part day shall be paid by twelve (12) months as if the Employer.Employee was actively at work. After twelve
Appears in 1 contract
Sources: Collective Agreement
Workers’ Compensation. A. If ▇▇▇▇ Leave is exhausted while the active employee is on temporary total Workers’ Compensation, all benefits shall remain intact at the Board’s expense for a period of nine (a9) Where an months.
B. Any worker injured while on the job shall be provided a Workers’ Compensation Form upon request for application of benefits from the Superintendent, Treasurer or his/her designee.
C. If medical attention is required, the active employee suffers from shall notify the medical personnel that the injury will be a disease or illness or incurs personal injury (which diseaseWorkers’ Compensation medical claim.
D. Any active employee unable to work because of a job-related disabling condition, illness or injury is hereinafter called of such that the "disability") and active employee is entitled to compensation therefor under the Workers' Compensation Act’ Compensation, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance receive his/her regular rate of pay for the time period between the date the active employee had to leave work because of the injury or disabling condition and the date on which he/she receives his/her first Workers’ Compensation check. The maximum payment of regular pay under this paragraph shall not exceed the total accrued Sick Leave at the time of the injury.
E. When the active employee’s Workers’ Compensation pay is approved and received, as described in Section D., above, provided the active employee has sufficient annual vacation or other banked credits shall remit same to repay the advanceBoard in an amount equal to the Workers’ Compensation payment designated for the time period from the start of the injury leave to the time Workers’ Compensation payment begins. Upon receipt of reimbursement from the active employee, ▇▇▇▇ Leave charged as a result of the injury shall be credited to the active employee prorated as to the reimbursement payment. At no time shall credited ▇▇▇▇ Leave exceed charged ▇▇▇▇ Leave for the time period.
(ii) Following a decision by WorkSafeBC to accept F. When Workers’ Compensation payments begin on weekly or disallow an employee’s claimmonthly basis, the active employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be will cease being paid by the EmployerBoard. Should the claim be denied by Workers’ Compensation the loss of ▇▇▇▇ Leave shall be permanent.
G. No active employee shall receive benefits for both Workers’ Compensation and Sick Leave for the same time period. Any falsification or lack of timely notification to the Board of benefits shall be grounds for immediate termination.
Appears in 1 contract
Sources: Master Agreement