Common use of Absence Due to Occupational Injury or Illness Clause in Contracts

Absence Due to Occupational Injury or Illness. ‌ (a) Subject to Article 22.04(b), every Employee who is absent from work due to an occupational illness or injury that is subject to a claim for Workplace Safety and Insurance (“WSIB”) benefits will be unpaid for the duration of the absence from work and the Employer will instruct the Workplace Safety and Insurance Board to pay WSIB benefits, if any, directly to the Employee. (b) The Employer will continue to pay the Employee her bi-weekly pay at her regular hourly wage rate pending the determination of her WSIB claim. For the period that pay continues under this Article 22.04(b): (i) The Employer will deduct time from the Employee’s CTO bank in an amount equivalent to the pay the Employee received; and (ii) If the Employee does not have time in her CTO bank or if all time in her CTO bank has been exhausted and her WSIB claim is still pending, then the Employer will deduct vacation pay from the Employee’s accrued vacation entitlement in an amount equivalent to the pay the Employee received. The Employee may, subject to the requirements of Article 16.02, elect to take vacation time at a later date for a period of time equivalent to the vacation pay received under this Article 22.04(b)(ii); and, (iii) If the Employee does not have unused vacation entitlement or if her accrued vacation entitlement is exhausted and her WSIB claim is still pending, then the Employer will continue to pay the Employee her bi- weekly pay at her regular hourly wage rate for a maximum period of 4 more weeks. Continued payment under this Article 22.04(b) (iii) is subject to the Employee signing an authorization for a future periodic payroll deduction until the full amount paid under this Article 22.04(b) (iii) has been repaid to the Employer. The Union and the Employer agree that this Article 22.04(b) (iii) and the required Employee authorization are deemed to satisfy the requirements of Section 13 of the Employment Standards Act, 2000. (c) The continuation of pay under Article 22.04(b) will continue until the earlier of: (i) The date on which the Employee received her first WSIB benefit payment; or, (ii) The date on which all sources of income under Article 22.04(b) (i, ii and iii) have been exhausted. (d) If an Employee makes a claim for WSIB benefits and that claim is subsequently denied, then the Employee will be eligible for sick leave benefits in accordance with, and subject to, all the requirements of Articles 22.01, 22.02, 22.03 and 22.05.

Absence Due to Occupational Injury or Illness. ‌ (a) Subject to Article 22.04(b), every Employee who is absent from work due to an occupational illness or injury that is subject to a claim for Workplace Safety and Insurance (“WSIB”) benefits will be unpaid for the duration of the absence from work and the Employer will instruct the Workplace Safety and Insurance Board WSIB to pay WSIB benefits, if any, directly to the Employee. (b) The Employer will continue to pay the Employee her bi-weekly pay at her regular hourly wage rate pending the determination of her WSIB claim. For the period that pay continues under this Article 22.04(b): (i) The Employer will deduct time from the Employee’s CTO bank in an amount equivalent to the pay the Employee received; and (ii) If the Employee does not have time in her CTO bank or if all time in her CTO bank has been exhausted and her WSIB claim is still pending, then the Employer will deduct vacation pay from the Employee’s accrued vacation entitlement in an amount equivalent to the pay the Employee received. The Employee may, subject to the requirements of Article 16.02, elect to take vacation time at a later date for a period of time equivalent to the vacation pay received under this Article 22.04(b)(ii); and, (iii) If the Employee does not have unused vacation entitlement or if her accrued vacation entitlement is exhausted and her WSIB claim is still pending, then the Employer will continue to pay the Employee her bi- weekly pay at her regular hourly wage rate for a maximum period of 4 more weeks. Continued payment under this Article 22.04(b) (iii) is subject to the Employee signing an authorization for a future periodic payroll deduction until the full amount paid under this Article 22.04(b) (iii) has been repaid to the Employer. The Union and the Employer agree that this Article 22.04(b) (iii) and the required Employee authorization are deemed to satisfy the requirements of Section 13 of the Employment Standards Act, 2000. (c) The continuation of pay under Article 22.04(b) will continue until the earlier of: (i) The date on which the Employee received her first WSIB benefit payment; or, (ii) The date on which all sources of income under Article 22.04(b) (i, ii and iii) have been exhausted. (d) If an Employee makes a claim for WSIB benefits and that claim is subsequently denied, then the Employee will be eligible for sick leave benefits in accordance with, and subject to, all the requirements of Articles 22.01, 22.02, 22.03 and 22.05.

Absence Due to Occupational Injury or Illness. ‌ (a) Subject to Article 22.04(b), every Employee who is absent from work due to an occupational illness or injury that is subject to a claim for Workplace Safety and Insurance Board (“WSIB”) benefits will be unpaid for the duration of the absence from work and the Employer will instruct the Workplace Safety and Insurance Board WSIB to pay WSIB benefits, if any, directly to the Employee. (b) The Employer will continue to pay the Employee her his bi-weekly pay at her his regular hourly wage rate pending the determination of her his WSIB claim. For the period that pay continues under this Article 22.04(b): (i) The Employer will deduct time from the Employee’s CTO bank in an amount equivalent to the pay the Employee received; and (ii) If the Employee does not have time in her his CTO bank or if all time in her his CTO bank has been exhausted and her his WSIB claim is still pending, then the Employer will deduct vacation pay from the Employee’s accrued vacation entitlement in an amount equivalent to the pay the Employee received. The Employee may, subject to the requirements of Article 16.02, elect to take vacation time at a later date for a period of time equivalent to the vacation pay received under this Article 22.04(b)(ii); and, (iii) If the Employee does not have unused vacation entitlement or if her his accrued vacation entitlement is exhausted and her his WSIB claim is still pending, then the Employer will continue to pay the Employee her bi- his bi-weekly pay at her his regular hourly wage rate for a maximum period of 4 more weeks. Continued payment under this Article 22.04(b) (iii) is subject to the Employee signing an authorization for a future periodic payroll deduction until the full amount paid under this Article 22.04(b) (iii) has been repaid to the Employer. The Union and the Employer agree that this Article 22.04(b) (iii) and the required Employee authorization are deemed to satisfy the requirements of Section 13 of the Employment Standards Act, 2000. (c) The continuation of pay under Article 22.04(b) will continue until the earlier of: (i) The date on which the Employee received her first WSIB benefit payment; or, (ii) The date on which all sources of income under Article 22.04(b) (i, ii and iii) have been exhausted. (d) If an Employee makes a claim for WSIB benefits and that claim is subsequently denied, then the Employee will be eligible for sick leave benefits in accordance with, and subject to, all the requirements of Articles 22.01, 22.02, 22.03 and 22.05.)