Accommodation for Disabilities MAHEC complies with the Americans with Disabilities Act, as amended, Section 504 of the Rehabilitation Act, and state and local requirements regarding Fellow with disabilities. Upon request, MAHEC will provide a reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless doing so would impose an undue hardship on MAHEC.
Total Disability (a) Total disability, as used in this Plan, means the complete inability because of an accident or sickness of a covered employee to perform all the duties of his/her own occupation for the first two (2) years of disability. Thereafter, employees able by reason of education, training or experience to perform the duties of a gainful occupation for which the rate of pay is not less than seventy-five percent (75%) of the current rate of pay of their regular occupation at date of disability will not be considered totally disabled and will therefore not be eligible for benefits under this Long Term Disability Plan.
Definition of Total Disability Total disability means that the employee is unable, because of sickness or accident, to perform the duties of their regular occupation. This definition applies for the first twenty-four (24) months of payments. After this time, the inability to perform an occupation for which the employee is reasonably fitted by training, education or experience will constitute total disability. It is not required that an employee be confined to home, but they must be under the regular care of a physician.
LEAVE AND LONG-TERM DISABILITY (Articles to are related to Sick Leave and Long-term Disability will be incorporated in all collective agreements:) The Hospital shall provide a short-term sick leave plan at least equivalent to that described in the Hospitals of Ontario Disability Income Plan brochure. Copies of the brochure will be made available to employees upon request. The Hospital will pay seventy-five percent (75%) of the billed premium towards coverage of eligible employees under the long term disability plan or equivalent); employees shall pay the balance of the billed premiums through payroll deduction. The Hospital further agrees to pay employees an amount equal to any loss of benefits under for the first two days of the fourth and subsequent period of absence in any calendar year. Effective April employees with or more years service will be paid at the benefit level for all incidences of absence covered by Any dispute which may arise concerning an employee's entitlement to term or long-term benefits under may be subject to grievance and arbitration under the provisions of this Agreement. An employee who is absent from work as a result of an illness or injury sustained at work and who has been awaiting approval of a claim for Worker's Compensation for a period longer than one complete pay period may apply to the Hospital for payment equivalent to the lesser of the benefit the employee would receive from Workers' Compensation if the employee's claim was approved, or the benefit to which the employee would be entitled under the short term sick portion of the disability income plan or equivalent plan). Payment will be provided only if the employee provides evidence of disability satisfactory to the Hospital and a written undertaking satisfactory to the Hospitalthat any paymentswill be refunded to the Hospital following final determination of the claim by The Workers' Compensation Board. If the claim for Workers' Compensation is not approved, the monies paid as an advance will be applied towards the benefits to which the employee would be entitled under the short term portion of the disability income plan. Any payment under this provisionwill continue for a maximum of fifteen (15) weeks. (The following clause will only appear in those collective agreements at hospitals where sick leave banks were established on the transfer to or equivalent:) Sick leave banks standing to the credit of an employee shall be utilized to supplement payment for sick leave days which would otherwise be paid at less than full wages, or for sick leave days at no wages. (Articles and will only appear in those collective agreements at hospitals which had sick leave credit pay out provisions in their collective agreements expiring December, Pay out of sick leave credits shall be made on termination of employment or, in the case of death, to the employee's estate. The amount of the payment shall be a cash settlement at the employee's then current salary rate for any unused sick credits to the maximum provided under the previous accumulating sick leave credit plan. Where an employee, employed as of the effective date of the transfer to or equivalent, did not have the required service to qualify for pay out on termination, he shall be entitled to the same pay out provisionsas set out in Article above, providing he subsequently achieves the necessary service to qualify for pay out under those provisions. Where an employee, with accumulated sick leave credits remaining, is prevented from working for the Hospital because of an occupational illness or accident that is recognized by the Workers' Compensation Board as compensable within the meaning of the Workers' Compensation Act the Hospital, on application from the employee, will supplement the award made by the Workers' Compensation Board for loss of wages to the employee by such amount that the award of the Workers' Compensation Board for loss of wages, together with the supplementation of the Hospital, will equal one hundred percent (100%) of the employee's net earnings to the limit of the employee'saccumulated sick leave credits. Employees may utilizesuch sick leave credits while awaiting approval of a claim for Workers' Compensation. (Note: The Hospital shall pay for such medical as it may require from time-to-time to certify an employee’s illness or ability to return to work. Any other related to Sick Leave and Long-Term Disability that existed in theexpiring Collective Agreementwill be continued and numbered in sequence as provisions of this Article, except such of an administrative nature related to this Article which will be continued in the Local Provisions Appendix.)
SICK LEAVE AND LONG-TERM DISABILITY (Articles 12.01 to 12.11 apply to full-time nurses only)
Work-related Injury/Disability An employee who receives an Employer Contribution and who is off the State payroll due to a work-related injury or a work-related disability remains eligible for an Employer Contribution as long as such an employee receives workers' compensation payments. If such employee ceases to receive workers' compensation payments for the injury or disability and is granted a medical leave under Article 10, he/she shall be eligible for an Employer contribution during that leave.
Leave for Pregnancy Disability 10.6.1 Unit members are entitled to use sick leave as set forth in Sections 10.2.1, 10.2.2, and 10.2.3 for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom on the same terms and conditions governing leaves of absence from other illness or medical disability. The length of such disability leave, including the date on which the leave shall commence and the date on which the duties are to be resumed, shall be determined by the unit member and the unit member's physician.
Permanent Disability Permanent Disability" shall mean Employee's physical or mental incapacity to perform his or her usual duties with such condition likely to remain continuously and permanently as determined by Employer.
Recurring Disabilities (a) Employees who return to work after being absent because of illness or injury, and within five (5) consecutive scheduled days of work again become unable to work because of the same illness or injury are considered to still be within the original Short Term Plan period as defined in Section 1.2(a).
Employees with a Work-related Injury/Disability An employee who was off the State payroll due to a work-related injury or a work-related disability may continue to participate in the Group Insurance Program as long as such an employee receives workers' compensation payments or while the workers' compensation claim is pending.
