Common use of Employees with Injuries or Illnesses Clause in Contracts

Employees with Injuries or Illnesses. With respect to employees who suffer an injury or illness on or after November 22, 1989: (a) An employee who is unable to perform his/her job because of injury or illness may be reclassified to another job title that he/she is qualified and able to perform subject to the employee's medical recommendations or shall be reclassified to a job in which he/she has established surplus rights (Category A, downgrade, and reclassification) in Article 22 subject to the employee’s medical recommendation. (b) Employees whose initial reclassification under Section 16.10(a) is to a lower-graded job shall receive the rate of pay for the job he/she would have held under Article 22 but for an industrial injury or illness, subject to the maximum of the labor grade he/she held immediately prior to the reclassification. This pay rate protection shall begin on the date when (1) the employee is reclassified to a lower- graded job, or (2) the employee's workers’ compensation claim is either accepted by the Company or determined by the State to be compensable and shall end five (5) years later or at the employee's return to his/her former job or labor grade, if earlier. In the case of items (1) and (2), pay protection will begin on the latter of the two (2) dates.