Common use of Continuing Disability Clause in Contracts

Continuing Disability. (a) After an employee has been paid the maximum of one hundred and eighty (180) calendar days' pay provided for in Article 22.02 (a) the employee shall be considered to be on medical leave. All benefit plans, including recall rights, shall be continued for a further ninety (90) working days. If, after ninety (90) working days on medical leave the employee is still unable to work in the employee’s established position, the employee, notwithstanding any other provision herein contained, may be terminated, except if, in the opinion of two medical doctors licensed to practice in the Province of B.C., the employee shall recover and be capable of resuming their job within two (2) years of the end of the ninety (90) days. (b) No employee shall be terminated while in receipt of benefits under this Article, or while receiving compensation from the WorkSafeBC as a result of an injury or sickness arising out of employment with the District, or while in receipt of sick benefits from the Unemployment Insurance Commission or while waiting for LTD benefits to commence. Provided, however, that where an employee is unable to return to work because of a compensable illness or injury and has been granted a pension by the WorkSafeBC, employment with the District shall be considered terminated and all Municipal benefits shall cease as from the effective date of the pension. (c) Absence due to sickness or disability resulting from an accident not covered under Article 22.02 shall not in itself constitute a cause for discharge of an employee, provided it is possible for such employee, in the opinion of two (2) medical practitioners licensed to practice in the Province of British Columbia, to return to work within three (3) months of such sickness or disability, and to carry on the employee’s regular duties in the services of the District.

Continuing Disability. (a) After an employee has been paid the maximum of one hundred and eighty NINETY (18090) calendar working days' pay provided for in Article 22.02 (a) the employee shall be considered to be on medical leavelaid off. All benefit plans, including recall rights, shall be continued for a further ninety NINETY (90) working days. If, after ninety NINETY (90) working days on medical leave layoff the employee is still unable to work in the employee’s established position, the employee, notwithstanding any other provision herein contained, may be terminated, except if, in the opinion of two medical doctors licensed to practice in the Province of B.C., the employee shall recover and be capable of resuming their job within two TWO (2) years of the end of the ninety second NINETY (90) days. (b) No employee shall be terminated while in receipt of benefits under this Article, or while receiving compensation from the WorkSafeBC Workers' Compensation Board as a result of an injury or sickness arising out of employment with the District, or while in receipt of sick benefits from the Unemployment Insurance Commission or while waiting awaiting for LTD benefits to commence. Provided, however, that where an employee is unable to return to work because of a compensable illness or injury and has been granted a pension by the WorkSafeBCWorkers' Compensation Board, employment with the District shall be considered terminated and all Municipal benefits shall cease as from the effective date of the pension. (c) Absence due to sickness or disability resulting from an accident not covered under Article 22.02 shall not in itself constitute a cause for discharge of an employee, provided it is possible for such employee, in the opinion of two TWO (2) medical practitioners licensed to practice in the Province of British Columbia, to return to work within three THREE (3) months of such sickness or disability, and to carry on the employee’s regular duties in the services of the District.

Continuing Disability. (a) After an employee has been paid the maximum of one hundred and eighty ninety (18090) calendar working days' pay provided for in Article 22.02 (a) the employee shall be considered to be on medical leavelayoff. All benefit plans, including recall rights, shall be continued for a further ninety (90) working days. If, after ninety (90) working days on medical leave layoff the employee is still unable to work in the employee’s established position, the employee, notwithstanding any other provision herein contained, may be terminated, except if, in the opinion of two medical doctors licensed to practice in the Province of B.C., the employee shall recover and be capable of resuming their job within two (2) years of the end of the second ninety (90) days. (b) No employee shall be terminated while in receipt of benefits under this Article, or while receiving compensation from the WorkSafeBC as a result of an injury or sickness arising out of employment with the District, or while in receipt of sick benefits from the Unemployment Insurance Commission or while waiting for LTD benefits to commence. Provided, however, that where an employee is unable to return to work because of a compensable illness or injury and has been granted a pension by the WorkSafeBC, employment with the District shall be considered terminated and all Municipal benefits shall cease as from the effective date of the pension. (c) Absence due to sickness or disability resulting from an accident not covered under Article 22.02 shall not in itself constitute a cause for discharge of an employee, provided it is possible for such employee, in the opinion of two (2) medical practitioners licensed to practice in the Province of British Columbia, to return to work within three (3) months of such sickness or disability, and to carry on the employee’s regular duties in the services of the District.