Common use of Incapacitated Worker Provision Clause in Contracts

Incapacitated Worker Provision. (a) An employee who has been incapacitated by illness, injury, compensable occupational disablement, temporary disablement or through advancing years is unable to perform the regular duties of his/her position, he/she will displace another employee commencing with the most junior employee of all the positions in his/her classification or another classification in the bargaining unit provided that he/she has sufficient qualifications to perform the work required and provided that the employee being displaced is less senior. (b) An employee who is displaced shall displace the most junior employee in the same classification or another classification provided that he/she has sufficient qualifications to do the work required, provided that his/her hours of work are not changed unless mutually agreed, and provided that the employee being displaced is less senior. (c) Any employee who may have his/her hours of work changed because of this clause shall have the option of taking the change in hours or going on lay off. (d) A permanent employee may displace a permanent or temporary employee. (e) A temporary employee may displace another temporary employee. (f) A permanent employee displacing into a lower paying position shall be “red- circled”. Red-circling shall only apply to a temporary employee who is in a posted position for a minimum of twenty-four (24) consecutive months. Red-circling shall remain in effect for the duration of the posted position. (g) For all displacements under this clause, there shall be a trial period as outlined in clause 15.05.

Incapacitated Worker Provision. (a) An employee who has been incapacitated by illness, injury, compensable occupational disablement, temporary disablement or through advancing years is unable to perform the regular duties of his/her position, he/she will displace another employee commencing with the most junior employee of all the positions in his/her classification or another classification in the bargaining unit provided that he/she has sufficient qualifications to perform the work required and provided that the employee being displaced is less senior. (b) An employee who is displaced shall displace the most junior employee in the same classification or another classification provided that he/she has sufficient qualifications to do the work required, provided that his/her hours of work are not changed unless mutually agreed, and provided that the employee being displaced is less senior. (c) Any employee who may have his/her hours of work changed because of this clause shall have the option of taking the change in hours or going on lay off. (d) A permanent employee may displace a permanent or temporary employee. (e) A temporary employee may displace another temporary employee. (f) A permanent employee displacing into a lower paying position shall be “red- circled”. Red-circling shall only apply to a temporary employee who is in a posted position for a minimum of twenty-four (24) consecutive months. Red-Red- circling shall remain in effect for the duration of the posted position. (g) For all displacements under this clause, there shall be a trial period as outlined in clause 15.05.