Common use of EMPLOYEES RETURNING TO WORK AFTER ILLNESS OR INJURY Clause in Contracts

EMPLOYEES RETURNING TO WORK AFTER ILLNESS OR INJURY. (a) In cases where an employee is returning to work following an absence due to illness or injury, including absences covered by the Workers' Compensation benefits, the employee is entitled to reinstatement in their former position within forty-eight (48) hours, with all rights and conditions which they formerly enjoyed, according to the terms of the Agreement which is in effect at the time of their return, subject to the further conditions which follow. Upon the employee's return to work it is agreed that the Employer is entitled to displace employees who have replaced the absent employee, and that such displacement will not be subject to Articles 12.07 and 17.05. (b) Prior to reinstating the employee, the Employer is entitled to require documentation from a physician or from WorkSafe BC, certifying that the employee is physically and mentally able to resume the performance of his/her duties if such employee has been absent for a period of two (2) weeks or greater due to illness, or for any period of time due to injury. If the Employer is not satisfied with the medical documentation provided by the employee it may require the employee to undergo a medical examination by a physician of the Employer’s choosing at the Employer’s expense. If an employee is then found by the Employer's physician to be fit to return to work he/she shall be compensated for all lost income for time lost commencing from the first day he/she made himself/herself available to return to work and would have been able to be scheduled to return to work under Article 11.03(a). The Employer has the option of allowing the employee to return to work pending the receipt of the medical opinion from the physician. The Employer's decision based on the opinion of the physician appointed by the Employer is subject to the grievance and arbitration procedure under this Agreement.

Appears in 1 contract

Samples: Collective Agreement

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EMPLOYEES RETURNING TO WORK AFTER ILLNESS OR INJURY. (a) In cases where an employee is returning to work following an absence due to illness or injury, including absences covered by the Workers' Compensation benefits, the employee is entitled to reinstatement in their former position within forty-eight (48) hours, with all rights and conditions which they formerly enjoyed, according to the terms of the Agreement which is in effect at the time of their return, subject to the further conditions which follow. Upon the employee's return to work it is agreed that the Employer is entitled to displace employees who have replaced the absent employee, and that such displacement will not be subject to Articles 12.07 and 17.0516.05. (b) Prior to reinstating the employee, the Employer is entitled to require documentation from a physician or from WorkSafe BC, certifying that the employee is physically and mentally able to resume the performance of his/her duties if such employee has been absent for a period of two (2) weeks or greater due to illness, or for any period of time due to injury. If the Employer is not satisfied with the medical documentation provided by the employee it may require the employee to undergo a medical examination by a physician of the Employer’s choosing at the Employer’s expense. If an employee is then found by the Employer's physician to be fit to return to work he/she shall be compensated for all lost income for time lost commencing from the first day he/she made himself/herself available to return to work and would have been able to be scheduled to return to work under Article 11.03(a). The Employer has the option of allowing the employee to return to work pending the receipt of the medical opinion from the physician. The Employer's decision based on the opinion of the physician appointed by the Employer is subject to the grievance and arbitration procedure under this Agreement.

Appears in 1 contract

Samples: Collective Agreement

EMPLOYEES RETURNING TO WORK AFTER ILLNESS OR INJURY. (a) In cases where an employee is returning to work following an absence due to illness or injury, including absences covered by the Workers' Compensation benefits, the employee is entitled to reinstatement in their former position within forty-eight forty‐eight (48) hours, with all rights and conditions which they formerly enjoyed, according to the terms of the Agreement which is in effect at the time of their return, subject to the further conditions which follow. Upon the employee's return to work it is agreed that the Employer is entitled to displace employees who have replaced the absent employee, and that such displacement will not be subject to Articles 12.07 and 17.05. (b) Prior to reinstating the employee, the Employer is entitled to require documentation from a physician or from WorkSafe BC, certifying that the employee is physically and mentally able to resume the performance of his/her duties if such employee has been absent for a period of two (2) weeks or greater due to illness, or for any period of time due to injury. If the Employer is not satisfied with the medical documentation provided by the employee it may require the employee to undergo a medical examination by a physician of the Employer’s choosing at the Employer’s expense. If an employee is then found by the Employer's physician to be fit to return to work he/she shall be compensated for all lost income for time lost commencing from the first day he/she made himself/herself available to return to work and would have been able to be scheduled to return to work under Article 11.03(a). The Employer has the option of allowing the employee to return to work pending the receipt of the medical opinion from the physician. The Employer's decision based on the opinion of the physician appointed by the Employer is subject to the grievance and arbitration procedure under this Agreement.

Appears in 1 contract

Samples: Collective Agreement

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EMPLOYEES RETURNING TO WORK AFTER ILLNESS OR INJURY. (a) In cases where an employee is returning to work following an absence due to illness or injury, including absences covered by the Workers' Compensation benefits, the employee is entitled to reinstatement in their former position within forty-eight (48) hours, with all rights and conditions which they formerly enjoyed, according to the terms of the Agreement which is in effect at the time of their return, subject to the further conditions which follow. Upon the employee's return to work it is agreed that the Employer is entitled to displace employees who have replaced the absent employee, and that such displacement will not be subject to Articles 12.07 and 17.05. (b) Prior to reinstating the employee, the Employer is entitled to require documentation from a physician or from WorkSafe BC, at the Employer’s expense (if the employee incurs an expense greater than fifteen dollars ($15.00)), certifying that the employee is physically and mentally able to resume the performance of his/her duties if such employee has been absent for a period of two (2) weeks or greater due to illness, or for any period of time due to injury. If the Employer is not satisfied with the medical documentation provided by the employee it may require the employee to undergo a medical examination by a physician of the Employer’s choosing at the Employer’s expense. If an employee is then found by the Employer's physician to be fit to return to work he/she shall be compensated for all lost income for time lost commencing from the first day he/she made himself/herself available to return to work and would have been able to be scheduled to return to work under Article 11.03(a). The Employer has the option of allowing the employee to return to work pending the receipt of the medical opinion from the physician. The Employer's decision based on the opinion of the physician appointed by the Employer is subject to the grievance and arbitration procedure under this Agreement. (c) In instances of excessive absences, the Employer is entitled to require documentation from a physician, at the employee’s expense, certifying that the employee’s absence was caused by a legitimate illness or injury.

Appears in 1 contract

Samples: Collective Agreement

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