INCAPACITATED EMPLOYEES. 11.01 An employee who is no longer able to perform the work in his/her classification, but is capable of performing other duties, or any employee who has incurred a temporary or permanent partial disability may, by mutual agreement, between FTG and the Union, be assigned to or retained at an operation which he/she is capable of performing at the prevailing rate of pay of that position. This is not intended to restrict the rights of any employee under the “Workplace Safety and Insurance Act”.
INCAPACITATED EMPLOYEES. The Company undertakes to make every effort to continue an employee who becomes incapacitated by illness or injury in productive employment. In the event that an employee becomes incapacitated from performing the duties of his/her position by reason of illness or injury, the parties will identify another position that the employee has previously held or a lower level position within the Bargaining Unit which she/he is capable of performing. The Union and the Company agree that he/she be placed in that position on a trial basis and allowed to continue in that position for as long as she/he is able or is required to do such work and remains incapacitated from performing the duties of the position occupied when he/she became incapacitated. An employee who has been placed on a job because of disability will have that disability reviewed at least annually to determine entitlement under this position. It is understood that in order to bump into a position, an employee must have more seniority than the employee that holds said position.
INCAPACITATED EMPLOYEES. A. An employee who has become permanently incapacitated for work in their seniority classification, or an employee who has become permanently incapacitated for work in their secondary seniority classification, or an employee returning from service in the Armed Forces who is no longer physically or emotionally suited for their former work shall be transferred by the Company to any other work they can perform in accordance with the following procedure:
B. The incapacitated employee will be placed in an open job if such a job exists, assuming they are qualified to perform such work.
C. If there are no open jobs, as noted above, and if there are no jobs held by probationary employees which the incapacitated employee is qualified to perform, then the seniority list will be checked from the employee with the least seniority rights upward until a job is found which the incapacitated employee is qualified to perform. It is understood that no employee will be displaced who has greater seniority rights than that of the incapacitated employee. The employee displaced will be assigned in accordance with the appropriate provision(s) of this Article.
D. Should a dispute arise under the provisions of this Section the parties will jointly select a third doctor to examine the employee. The purpose of this examination shall be to determine if the employee's disability is temporary or permanent, what the employee's work-related capabilities are, and the type of work the employee can be expected to perform with their physical limitations. The decision of the third doctor selected under this paragraph will be binding on the parties.
E. The parties, by mutual agreement, may appoint a physician or an approved clinic or the staff of an approved hospital which will resolve medical disputes concerning the existence or nonexistence of either a total or partial disability which may arise in the application of this Section. If the parties are unable to agree on such appointment, the appointment will be made by the County Medical Association. The resulting decision will be binding upon the parties. The Union and Company will share equally any costs resulting from such appointments.
INCAPACITATED EMPLOYEES. 16.01 It is the intention of the Company and the Union that in the event an employee becomes physically disabled and is unable to continue his/her job, with or without modifications, that every reasonable attempt will be made to place such employee, as soon as possible, in a vacant position, for which the employee has the qualifications and ability. It is also the intention of both parties to assist the employee to return to his/her regular job, wherever possible, and employees are expected to work towards this objective, consistent with their functional abilities. In the event an employee has become incapacitated and will be unable to work for an unidentified period of time and notifies the Company that he/she is contemplating filing for STD or WSIB, the Company will advise the Union Chairperson of this information.
16.02 In the circumstances above, the Company may place the employee in the vacant position without the necessity of a job posting until such time as the employee is fit to return to his/her regular job.
16.03 An employee assigned under this provision must be prepared to submit current medical evidence of his/her disability with restrictions, limitations and expected duration clearly identified. The Company also reserves the right to require such an employee to be examined by an independent qualified medical specialist to review and evaluate the employee’s restrictions and limitations.
16.04 The Company will review all circumstances with the Union Chairperson before exercising this provision. All other exceptions to seniority provisions of the Collective Agreement must be mutually agreed upon by the parties.
INCAPACITATED EMPLOYEES. In the event an Employee becomes physically handicapped and is unable to continue their job, exception may be made in favour of such Employee on the following basis: If a job vacancy occurs, which an incapacitated Employee can perform, they will be placed on such job without the necessity of a job posting. A Doctor’s certificate of disability by the Employee’s own Doctor must be submitted. An Employee placed on a job because of a disability will have the disability reviewed at least quarterly. The Company will review all the circumstances with the Union Committee before exercising this provision. All exceptions to the seniority provisions of the collective agreement must be mutually agreed to by the parties.
INCAPACITATED EMPLOYEES. 17.01 The Employer and the Union recognize their obligations under the Ontario Human Rights Code and the Workplace Safety and Insurance Act to participate and cooperate in returning injured and disabled employees to active employment.
17.02 The Employer may provide suitable modified duties to an employee while awaiting a Company initiated IME. If it is not deemed feasible to retain the employee on the modified work program due to the medical condition, the Company will ensure that the employee does not incur a disruption of compensation, provided the employee attends the scheduled IME, unless they have a valid and a verifiable reason not to attend.
17.03 a) An employee assigned under this provision must submit current medical evidence of his/her disability with restrictions, limitations, and expected duration clearly identified by a duly qualified medical practitioner to the Employer. Upon request for a Functional Abilities Evaluation (FAE) form by the Company, an employee will be reimbursed 50% of the cost to have the form completed provided that the employee provides the company with a receipt.
INCAPACITATED EMPLOYEES. 12.01 In the event an employee becomes physically handicapped and is unable to continue their job, exception may be made in favour of such employee on the following basis by agreement of the Company and the Union.
12.02 If a job vacancy occurs, which the Company and the Union agree an incapacitated employee can perform; they will be placed on such job without the necessity of a job posting.
12.03 A doctor’s certification of disability by the employee’s own doctor must be submitted. When requested by the Company, the cost of such doctor’s certification shall be borne by the Company to a maximum of $30.00 per occurrence. This provision shall not apply in the case of Short-Term Disability claims and the Company shall not be responsible for any costs associated with medical certificates in connection with such claims.
12.04 An employee placed on a job because of a disability will have that disability reviewed at least monthly. If there is a dispute as to the employee’s fitness to resume his normal duties, the employee will agree to be examined by a doctor selected by the Company and the employee’s doctor.
12.05 The Company will review all the circumstances with the Union Committee before exercising this provision. All exceptions to the seniority provisions of the collective agreement must be mutually agreed to by the parties.
12.06 If an employee is absent due to injury or illness and the expected return date provided in the medical note is to be exceeded, the employee must provide an additional medical note in advance of the initial expected return date, indicating the new return date.
12.07 The Employer and the Union agree that a joint Return to Work Committee consisting of the Company Health and Safety LEAD, the Union Health and Safety Co-chair and one other representative from each side will facilitate any accommodations of disabled employees. At the request of the employee, representation from the Union representative on the Return to Work Committee and/or Union Committee shall be provided when an incapacitated employee is meeting with Employer regarding significant accommodation issues.
INCAPACITATED EMPLOYEES. 13.01 The Company and the Union agree to co- operate with respect to the administration of a modified/light duty program for all work and non- work related injuries and/or illnesses and pregnancy (when requested by the employee). The Committee will continue to review cases each month as required, through the established joint committee composed of one (1) member from each party. The Plant Chairperson will appoint the Union’s member from the Bargaining Committee.
13.02 In the event an employee becomes physically handicapped and is unable to continue their job, exception will be made in favour of such employee on the following basis;
a) If a job vacancy occurs, which an incapacitated employee can perform, they will be placed on such job without the necessity of a job posting.
b) A Doctor’s certification of disability by the employee’s own Doctor, must be submitted. If a dispute exists between the employee’s doctor and the Company, the Company will use Workers Health and Safety Center to determine the medical status or limitations of employees. In such cases, the Company will pay the cost of the evaluation and any time lost from work. The decision of this recognized independent evaluation/assessment group, shall be binding on the Company, Union and employee.
c) An employee placed on a job because of a disability will have that disability reviewed at least annually.
d) The Company will review all the circumstances with the Union Committee before exercising this provision. All exceptions to the seniority provisions of the collective agreement must be mutually agreed to by the parties.
INCAPACITATED EMPLOYEES. 28.1 In the event an employee becomes physically handicapped and is unable to continue their jobs, exceptions will be made in favour of such employee on the following basis. The incapacitated employee will be permitted to bump an employee with less seniority providing he or she has the academic or technical qualifications specified by the position and, is able to perform the work after a reasonable training period. If a job vacancy occurs which an incapacitated employee can perform, they will be placed on such job without necessity of a job posting. A doctor's certification of disability by the employee's own doctor must be submitted. An employee placed on a job because of a disability will have that disability reviewed at least annually. The Company will review all the circumstances with the Union Committee before exercising this provision. All exceptions to the seniority provisions of the Collective Agreement must be mutually agreed to by the parties.
INCAPACITATED EMPLOYEES. (1) When there is reason to believe that an employee to whom the disciplinary procedures of this Agreement apply is physically and/or mentally disabled from performing the duties of his/her position, the appropriate Deputy Chief Administrative Judge (Courts Within or Outside New York City) may require such employee to undergo a physical and/or psychiatric examination at the expense of the State, to be conducted by a medical officer selected by the Chief Administrative Judge or his/her designee, to establish whether he/she is able to perform the full duties of his/her position and/or whether his/her continued presence on the job will jeopardize the health and safety of himself/herself or other employees.
(2) Where the continued presence of an employee on the job represents a potential danger to persons or property or would significantly interfere with operations, the appropriate Deputy Chief Administrative Judge (Courts Within or Outside New York City) may place such employee on an involuntary leave of absence immediately, provided, however, that the employee shall be entitled to draw all accumulated and unused sick leave, annual leave, compensatory time, overtime credits and other time allowances standing to his/her credit. If such employee is finally determined to be physically and mentally fit to perform the duties of his/her position, he/she shall be restored to his/her position and shall have any leave credits or salary that he/she may have lost because of such involuntary leave of absence restored to him/her, less any compensation he/she may have earned in other employment or occupation and any unemployment benefits he/she may have received during such period.
(3) An employee who is temporarily disabled from performing the full duties of his/her position may, as far as practicable, be assigned to in-title and related duties in the same title during the period of the employee's disability. If a suitable position is not available, the State may offer the employee any available opportunity for appointment to another title for which the employee is qualified pursuant to applicable rules of the Chief Administrative Judge. If no suitable position is available, and there is no offer of appointment to another title, or the employee refuses such offer, such employee shall be placed on leave and allowed to draw all accumulated and unused sick leave, annual leave, compensatory time, overtime credits and other time allowances standing to his/her credit prior to b...
