Common use of INJURY AND DISABILITY Clause in Contracts

INJURY AND DISABILITY. 23.01 Where an Employee is absent due to illness or injury which is compensable by WSIB, the following shall apply: (a) The Employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIB. (b) Provided that the Employee returns to work within fifty-two (52) consecutive weeks of the date of illness or injury, time spent on WSIB shall be considered as time worked for the purpose of calculating the current year’s vacation entitlement under the terms of the Agreement. 23.02 In the case of an absence due to a compensable accident, the Employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four (4) months or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four (4) months, the Employer may fill the position at its discretion. 23.04 The injured Employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee has the physical capability to perform her normal job. (a) If a full-time Employee returns to work within fifty-two (52) weeks following the commencement of a WSIB claim, and the Employee’s former permanent position still exists, the Employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee returns to work after fifty-two (52) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee displacing the Employee with the least seniority in the category to which she is returning.) 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee with the least seniority in the classification.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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INJURY AND DISABILITY. 23.01 Where an Employee is absent due to illness or injury which is compensable by WSIB, the following shall apply: (a) The Employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIB. (b) Provided that the Employee returns to work within fifty-two (52) consecutive weeks of the date of illness or injury, time spent on WSIB shall be considered as time worked for the purpose of calculating the current year’s vacation entitlement under the terms of the Agreement. 23.02 In the case of an absence due to a compensable accident, the Employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its his discretion. 23.04 The injured Employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee has the physical capability to perform her normal job. (a) If a full-time Employee an employee who has been employed for more than one (1) year returns to work within fifty-two one hundred and four (52104) weeks following the commencement of a a, WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee who has been employed for more than one (1) year returns to work after fifty-two one hundred and four (52104) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee, displacing the Employee employee with the least seniority in the category to which she is returning.)) This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act. 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee with the least seniority in the classification.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIBWSIA, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other WSIA benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of her return, service will accrue while on WSIB. (c) An employee shall maintain regular contact with the AgreementEmployer during the absence and will co-operate in the Employer's Return to Work program. 23.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its his discretion. 23.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee an employee who has been employed for more than one (1) year returns to work within fifty-two one hundred and four (52104) weeks following the commencement of a a, WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee who has been employed for more than one (1) year returns to work after fifty-two one hundred and four (52104) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee, displacing the Employee employee with the least seniority in the category to which she is returning.)) This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act. 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home employee shall be accommodated in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee manner consistent with the least seniority in Ontario Human Rights Code, and the classificationWorkplace Safety and Insurance Act.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

INJURY AND DISABILITY. 23.01 35.01 Where an Employee employee is absent due to illness or injury injury, which is compensable by WSIB, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of the Agreementher return, service will accrue while on WSIB. 23.02 In the case of an absence due to a compensable accident, the Employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 35.02 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four (4) months months’ or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 1117) of this Agreement. Where the anticipated absence is less than four (4) months, the Employer may fill the position at its his discretion. 23.04 35.03 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has had accrued in accordance with Article 9 up to the time of the accident and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee employee returns to work within fifty-two (52) weeks following the commencement of a WSIB claim, claim and the Employeeemployee’s former permanent position still exists, the Employee employee will be returned to her former job, former shift shift, if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act. (b) If an Employee employee returns to work after fifty-two (52) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 article 35.03 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee displacing the Employee with the least seniority in the category to which she is returning.) 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee with the least seniority in the classification.Articles 35.01(a) and

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIB, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryher employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of her return, service will accrue while on WSIB. (c) An employee shall maintain regular contact with the AgreementEmployer during the absence and will co-operate in the Employer’s return to work program. 23.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its her discretion. 23.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee an employee returns to work within fifty-two one (521) weeks year following the commencement of a WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee who has been an employee for more than one (1) year returns to work after fifty-two (52) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee displacing the Employee employee with the least seniority in the category to which she is returning.)) This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act. 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home nursing home in a classification that is covered by this Agreement, then the returning Employee employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job position at the applicable salary level, displacing the Employee with the least seniority in the classification. This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIBWSIA, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other WSIA benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of her return, service will accrue while on WSIB. (c) An employee shall maintain regular contact with the AgreementEmployer during the absence and will co-operate in the Employer's Return to Work program. 23.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its his discretion. 23.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee an employee who has been employed for more than one (1) year returns to work within fifty-two one hundred and four (52104) weeks following the commencement of a WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee who has been employed for more than one (1) year returns to work after fifty-two one hundred and four (52104) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee displacing the Employee employee with the least seniority in the category to which she is returning.)) This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act. 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home employee shall be accommodated in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee manner consistent with the least seniority in Ontario Human Rights Code, and the classificationWorkplace Safety and Insurance Act.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIBWSIA, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of her return, service will accrue while on WSIB. (c) An employee shall maintain regular contact with the AgreementEmployer during the absence and will co-operate in the Employer’s Return to Work program. 23.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its his discretion. 23.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee employee returns to work within fifty-two one (521) weeks year following the commencement of a WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee who has been employee for more than one (1) year returns to work after fifty-two (52) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee displacing the Employee with the least seniority in the category to which she is returning.) 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee with the least seniority in the classification.six

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIB, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of the Agreement. 23.02 her return, service will accrue while on WSIB. In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 . In the case of an absence due to a compensable accident, where the anticipated length of such absence is four (4) months or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four (4) months, the Employer may fill the position at its his discretion. 23.04 . The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a1) If a full-time Employee employee returns to work within fifty-two (52) weeks following the commencement of a WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b2) If an Employee employee returns to work after fifty-two (52) weeks following the commencement of the WSIB claim but prior to thirty-six (36) 36 months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee displacing the Employee employee with the least seniority in the category to which she is returning.) 23.06 3) If, on the recommendation of the WSIB or the attending physician, the Employee employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Nursing Home in a classification that is covered by this Agreement, then the returning Employee employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, orientation by bumping into the job at the applicable salary level, displacing the Employee employee with the least seniority in the classification. 4) This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIB, WSIA the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other WSIA benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of her return, service will accrue while on WSIB. (c) An employee shall maintain regular contact with the AgreementEmployer during the absence and will co-operate in the Employer's Return to Work program. 23.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its his discretion. 23.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee an employee who has been employed for more than one (1) year returns to work within fifty-two one hundred and four (52104) weeks following the commencement of a WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee who has been employed for more than one (1) year returns to work after fifty-two one hundred and four (52104) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee, displacing the Employee employee with the least seniority in the category to which she is returning.)) This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act. 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home employee shall be accommodated in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee manner consistent with the least seniority in Ontario Human Rights Code, and the classificationWorkplace Safety and Insurance Act.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 24.01 Where an Employee is absent due to illness or injury which is determined to be compensable by WSIBpursuant to the provisions of the Workplace Safety and Insurance Act, the following shall apply: (a) The Employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other Workplace Safety and Insurance Act benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the Workplace Safety and Insurance Act. (b) Provided that the Employee If a person on WSIB leave returns to work within fifty-two (52) consecutive weeks his/her employment, for purposes of calculating vacation time entitlement in the date year of illness or injuryher return, time spent service will accrue while on WSIB shall be considered as time worked for the purpose of calculating the current year’s vacation entitlement under the terms of the Agreementleave. 23.02 (c) An Employee shall maintain regular contact with the Employer during the absence and will co-operate in the Employer’s Return to Work program. 24.02 In the case of an absence due to a compensable accident, the Employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four (4) months or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four (4) months, the Employer may fill the position at its discretion. 23.04 24.03 The injured Employee shall have a period of thirtytwenty-six four (3624) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee has the physical capability to perform her normal job. 24.04 If an Employee who has been employed for more than one (a1) If a full-time Employee year returns to work within fifty-two one hundred and four (52104) weeks following the commencement of a a, WSIB claim, claim and the Employee’s former permanent position still exists, the Employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act. (b) If an Employee returns to work after fifty-two (52) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee displacing the Employee with the least seniority in the category to which she is returning.) 23.06 24.05 If, on the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home Employee shall be accommodated in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee manner consistent with the least seniority in Ontario Human Rights Code, and the classificationWorkplace Safety and Insurance Act.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee is absent due to illness or injury which is compensable by WSIBthe WSIA, the following shall apply: (a) The Employee will shall not be eligible for paid holidaysPaid Holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBthe WSIA. (b) Provided that the Employee returns to work within fifty-two (52) consecutive weeks of the date of illness or injurywork, time spent on WSIB receiving Work Place Safety Insurance benefits shall be considered as time worked for the purpose of calculating the current year’s seniority, service and vacation entitlement under the terms of the Agreement. 23.02 In the case of an absence due to a compensable illness, injury or accident, the Employee will shall be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable injury or accident, where the anticipated length of such absence is four anticipated to exceed six (46) months or moreconsecutive weeks, the Employer will shall post notice of the vacancy in accordance with the job posting procedure (Article 1111.07) of this Agreement. Where the anticipated absence is less than four (4) months, the Employer may fill the position at its discretion. 23.04 The injured Employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee has the physical capability to perform her normal job. (a) If a full-time In the event that an Employee returns to work within fifty-two (52) weeks following the commencement of a WSIB claim, and the Employee’s 's former permanent position still exists, the Employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If . In the event that an Employee returns to work after fifty-two (52) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 aboveclaim, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of service and seniority or benefits accrued in accordance with Article 9benefits. (This would be effected affected by the returning Employee displacing the Employee with the least seniority in the category classification to which she is returning.) 23.06 If) All seniority and service shall continue to accrue during and absence due to a work related illness, on the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee with the least seniority in the classificationinjury and/or accident.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIB, WSIA the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other WSIA benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of her return, service will accrue while on WSIB. (c) An employee shall maintain regular contact with the AgreementEmployer during the absence and will co-operate in the Employer's Return to Work program. 23.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its his discretion. 23.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee an employee who has been employed for more than one (1) year returns to work within fifty-two one hundred and four (52104) weeks following the commencement of a WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee who has been employed for more than one (1) year returns to work after fifty-two one hundred and four (52104) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee, displacing the Employee employee with the least seniority in the category to which she is returning.)) This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act. 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home employee shall be accommodated in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee manner consistent with the least seniority in Ontario Human Rights Code, and the classificationWorkplace Safety and Insurance Act.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIBWSIA, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other WSIA benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of her return, service will accrue while on WSIB. (c) An employee shall maintain regular contact with the AgreementEmployer during the absence and will co-operate in the Employer's Return to Work program. 23.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its his discretion. 23.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee an employee who has been employed for more than one (1) year returns to work within fifty-two one hundred and four (52104) weeks following the commencement of a a, WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee who has been employed for more than one (1) year returns to work after fifty-two one hundred and four (52104) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee, displacing the Employee employee with the least seniority in the category to which she is returning.)) This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act. 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home employee shall be accommodated in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee manner consistent with the least seniority in Ontario Human Rights Code, and the classificationWorkplace Safety and Insurance Act.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 28.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIBOccupational Accident benefits, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the occupational accident insurance plan parameters. (b) Provided that the Employee If a person on occupational accident benefits returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of the Agreementher return, service will accrue while on occupational accident benefits. 23.02 28.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 28.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four (4) months or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four (4) months, the Employer may fill the position at its his discretion. 23.04 28.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB occupational accident insurer or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee employee returns to work within fifty-two (52) weeks following the commencement of a WSIB an occupational accident claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee returns to work after fifty-two (52) weeks following the commencement of the WSIB occupational accident claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee displacing the Employee with the least seniority in the category to which she is returning.) 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee with the least seniority in the classification.six

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIB, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryher employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of her return, service will accrue while on WSIB. (c) An employee shall maintain regular contact with the AgreementEmployer during the absence and will co-operate in the Employer’s return to work program. 23.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its her discretion. 23.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee employee returns to work within fifty-two one (521) weeks year following the commencement of a WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee who has been an employee for more than one (1) year returns to work after fifty-two (52) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee displacing the Employee employee with the least seniority in the category to which she is returning.)) This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act. 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home nursing Employer in a classification that is covered by this Agreement, then the returning Employee employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job position at the applicable salary level, displacing the Employee with the least seniority in the classification. This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act. 23.07 In the event that the Employer challenges a WSIB claim, an Employee who is absent from work as a result of illness or injury sustained at work and who has been awaiting approval of a claim for WSIB for a period longer than one (1) complete pay period, may apply to the Employer for payment equivalent to the lesser of the benefit she would receive from WSIB if her claim was approved, or the benefit to which she would be entitled under the sick leave plan, Article

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 ‌ 22.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIB, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, otherwise during any absence covered by WSIB. (b) Provided that the Employee employee returns to work within fifty-two (52) consecutive weeks of the date of illness or injury, time spent on WSIB shall be considered as time worked for the purpose of calculating the current year’s vacation entitlement under the terms of the Agreement. 23.02 22.02 In the case of an absence due to a compensable accidentworkplace injury, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accidentinjury. 23.03 22.03 In the case of an a compensable absence due to a compensable accidentworkplace injury, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its discretion. 23.04 22.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee employee returns to work within fifty-two (52) weeks following the commencement date of a WSIB claim, the injury and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee returns to work after fifty-two (52) weeks following the commencement date of the WSIB claim injury but prior to thirty-six (36) months mentioned in Article 23.04 22.04 above, she shall be returned to her former job, or to work of a comparable nature at the same comparable salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee displacing the Employee employee with the least seniority in the category to which she is returning.) 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee with the least seniority in the classification.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee is absent due to illness or injury which is compensable by WSIB, Occupational Accident Benefits the following shall apply:. To resolve outstanding grievances on this issue, effective January 1, 2006 the Employer will again provide coverage under the Occupational Accident Benefits. (a) The Employer shall continue to pay his share of any and all health and welfare benefits. (b) It is understood that the obligation of the Employer to pay the aforesaid benefits while on Occupational Accident Benefits shall continue only so long as the employment relationship between the Employee and the Employer continues. (c) The Employee will not be eligible for paid holidays, sick leave, uniform allowance, holidays or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBOccupational Accident Benefits. (bd) Provided that the Employee returns to work within fiftytwenty-two four (5224) consecutive weeks months of the date of illness or injury, time spent on WSIB Occupational Accident Benefits shall be considered as time worked for the purpose of calculating the current year’s 's vacation entitlement under the terms of the this Agreement. 23.02 In the case of an absence due to a compensable accident, the Employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four (4) months or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four (4) months, the Employer may fill the position at its his discretion. 23.04 The injured Employee shall have a period of thirty-six two (362) months years from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 up to the time of the accident and within which she shall have the right to return to work upon the recommendation of the WSIB Occupational Accident Insurer or the attending physician, which shall indicate to the Employer that the Employee has the physical capability to perform her their normal job. (a) If a full-time Employee returns to work within fifty-two (52) weeks following the commencement of a WSIB claim, and the Employee’s former permanent position still exists, the Employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) 23.05 If an Employee returns to work after fifty-within the two (522) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months year period mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee displacing the Employee with the least seniority in the category to which she is returning.) 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee with the least seniority in the classification.Article

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee is absent due to illness or injury which is compensable by the Workplace Safety and Insurance Board (WSIB), the following shall apply: (a) The Employee will shall not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by the WSIB. (b) Provided that the Employee returns to work within fifty-two (52) consecutive weeks of the date of illness or injury, time spent on WSIB receiving Workplace Safety Insurance benefits shall be considered as time worked for the purpose of calculating the current year’s seniority, service and vacation entitlement under the terms of the Agreement. 23.02 In the case of an absence due to a compensable injury or accident, the Employee will shall be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable injury or accident, where the anticipated length of such absence is anticipated to exceed four (4) months or more, the Employer will shall post notice of the vacancy in accordance with the job posting procedure (Article 1111.07) of this Agreement. Where the anticipated absence is less than four (4) months, the Employer may fill the position at its his discretion. 23.04 The injured Employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee has the physical capability to perform her normal job. (a) If a full-time In the event that an Employee returns to work within fifty-two one hundred and four (52104) weeks following the commencement of a WSIB claim, and the Employee’s 's former permanent position still exists, the Employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If In the event that an Employee returns to work after fifty-two within one hundred and four (52104) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 aboveclaim, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or and benefits accrued in accordance with Article 9. (This would be effected by the returning Employee displacing the Employee with the least seniority in the category classification to which she is returning.) 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee with the least seniority in the classification.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIBWorkers' Compensation, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, holidays or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBWorkers' Compensation. (b) Provided that the Employee employee returns to work within fifty-two (52) consecutive weeks of the date of illness ill- ness or injury, time spent on WSIB Workers' Compensation shall be considered as time worked for the purpose of calculating the current year’s 's vacation entitlement under the terms of the Agreement. 23.02 In the case of an absence due to a compensable accident, the Employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four (4) months or more, the Employer will post notice of the vacancy in accordance accord- ance with the job posting procedure (Article 1115) of this AgreementAgree- ment. Where the anticipated absence is less than four (4) months, the Employer may fill the position at its his discretion. 23.04 23.03 The injured Employee employee shall have a period of thirty-six three (363) months years from the date of the injury within which she shall preserve the seniority which she has had accrued in accordance with Article 9 up to the time of the accident and within which she shall have the right to return to work upon the recommendation of the WSIB Workers' Compensation Board or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) 23.04 If a full-time Employee employee returns to work within fifty-two (52) weeks following the commencement of a WSIB claimW.C.B. claim or illness, or at the expiry of the normal maternity, or adoption leave provisions, and the Employee’s employee's former permanent position still exists, the Employee . The employee will be returned to her former job, job former shift if designated, classification classifications and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) . If an Employee employee returns to work after fifty-two (52) weeks following the commencement of the WSIB W.C.B. claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee displacing the Employee with the least seniority in the category to which she is returning.) 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee with the least seniority in the classification.two

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where (The following clause is applicable to full-time employees only. ) The Hospital will assume total responsibility for providing and funding a short term sick leave plan equivalent to that described in the Hospitals of Ontario Disability Income Plan Brochure. The Hospital will pay percent (75%) of the billed premium towards coverage of eligible employees under the long term disability portion of the plan or an Employee is absent due to illness or injury which is compensable by WSIBequivalent plan), the following shall apply: (a) The Employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIB. (b) Provided that employee paying the Employee returns to work within fifty-two (52) consecutive weeks balance of the date of illness or injury, time spent on WSIB shall be considered as time worked for billed premium through payroll deduction. For the purpose of calculating transfer to the current year’s vacation entitlement under the terms short term portion of the Agreement. 23.02 In the case of an absence due to a compensable accidentdisability program, the Employee will be paid at her regular rate of pay for all scheduled hours employees on the day payroll as of the accident. 23.03 In effective date of the case of an absence due to a compensable accident, where the anticipated length of such absence is four transfer with three (43) months or more, more of service shall be deemed to have three (3) months of service. Effective the Employer will post notice first of the vacancy month following the transfer all existing sick leave plans in the affected hospitals shall be terminated and any provisions relating to such plans shall be null and void under the respective collective agreements except as to those provisions relating to pay out of unused sick leave benefits which are specifically dealt with hereinafter. Existing sick leave credits for each employee shall be converted to a sick leave bank to the credit of the employee. The "sick leave bank" shall be utilized to: supplement payment for lost straight wages on sick leave days under the new program which would otherwise be at less than full wages or no wages and, where a provision existed under the former sick leave plan in the Collective Agreement, on termination of employment shall be that portion of any unused sick leave days under the former conditions relating to (see Article Issues) where, as of the effective date of transfer, an employee does not have the required service to qualify for pay-out on termination, his existing sick leave credits as of that date shall nevertheless converted to a sick leave bank in accordance with the job posting procedure (Article 11) foregoing and he shall be entitled, on to that portion of this Agreementany unused sick leave days providing he subsequently achieves the service to qualify for pay-out under the conditions relating to such pay-out. Where an employee who, as of the anticipated absence effective date of transfer has accumulated sick leave credits and is less than four (4) monthsprevented from working for the Hospital on account of an occupational illness or accident that is recognized by the Compensation Board as compensable within the meaning of the Workers' Compensation Act, the Employer may fill Hospital, on application from the position at its discretion. 23.04 employee will supplement the award made by the Compensation Board for loss of wages to the employee by such amount that the award of the Workers' Compensation Board for loss of wages, together with the supplementation of the Hospital, will equal of the employee's net earnings, to the of the employee's accumulated sick leave credits. There shall be no pay deduction The injured Employee shall have a Hospital further agrees to pay employees an amount to any loss of benefits under for the first two (2) days of the fourth and subsequent period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued absence in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee has the physical capability to perform her normal jobany calendar year. (a) If a full-time Employee returns to work within fifty-two (52) weeks following the commencement of a WSIB claim, and the Employee’s former permanent position still exists, the Employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee returns to work after fifty-two (52) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee displacing the Employee with the least seniority in the category to which she is returning.) 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee with the least seniority in the classification.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIBWSIA, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other WSIA benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of her return, service will accrue while on WSIB. (c) An employee shall maintain regular contact with the AgreementEmployer during the absence and will co-operate in the Employer's Return to Work program. 23.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its his discretion. 23.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee an employee who has been employed for more than one (1) year returns to work within fifty-two one hundred and four (52104) weeks following the commencement of a WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee who has been employed for more than one (1) year returns to work after fifty-two one hundred and four (52104) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee, displacing the Employee employee with the least seniority in the category to which she is returning.)) This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act. 23.06 23.05 If, on the recommendation of the WSIB or the attending physician, the Employee employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home employee shall be accommodated in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee manner consistent with the least seniority in Ontario Human Rights Code, and the classificationWorkplace Safety and Insurance Act.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIBOccupational Accident benefits, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the occupational accident insurance plan parameters. (b) Provided that the Employee If a person on occupational accident benefits returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of the Agreementher return, service will accrue while on occupational accident benefits. 23.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four (4) months or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four (4) months, the Employer may fill the position at its his discretion. 23.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB occupational accident insurer or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee employee returns to work within fifty-two (52) weeks following the commencement of a WSIB an occupational accident claim, and the Employeeemployee’s former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee returns to work after fifty-two (52) weeks following the commencement of the WSIB occupational accident claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. , (This this would be effected by the returning Employee employee displacing the Employee employee with the least seniority in the category to which she is returning.)) This clause shall be interpreted consistent with the Ontario Human Rights Code. 23.06 If, on the recommendation of the WSIB occupational accident insurer or the attending physician, the Employee employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee employee with the least seniority in the classification. This clause shall be interpreted consistent with the Ontario Human Rights Code.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee is absent due to illness or injury which is compensable by WSIBWSIA, the following shall apply: (a) The Employee will not be eligible for paid holidaysWS/A benefits in accordance with the WS/A. b) If a person on WSIB returns to his/her employment, sick leavefor purposes of calculating vacation entitlement in the year of her return, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by service will accrue wh ile on WSIB. (bc) Provided that An Employee shall maintain regular contact with the Employee returns Employer during the absence and will co-operate in the Employer's Return to work within fifty-two (52) consecutive weeks of the date of illness or injury, time spent on WSIB shall be considered as time worked for the purpose of calculating the current year’s vacation entitlement under the terms of the AgreementWork program. 23.02 In the case of an absence due to a compensable accident, the Employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its his discretion. 23.04 The injured Employee shall have a period pe riod of thirty-six (363 6) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee has the physical capability to perform her normal job. (23.05 a) If a full-time an Employee who has been employed for more than one (1) year returns to work within fifty-two one hundred and four (52104) weeks following the commencement of a WSIB claim, claim and the Employee’s 's former permanent position still exists, the Employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee returns to work after fifty-two (52) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee displacing the Employee with the least seniority in the category to which she is returning.) 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee with the least seniority in the classification.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIBWSIA, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other WSIA benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of her return, service will accrue while on WSIB. (c) An employee shall maintain regular contact with the AgreementEmployer during the absence and will co""operate in the Employer's Return to Work program. 23.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 1111 ) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its his discretion. 23.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee an employee who has been employed for more than one (1 ) year returns to work within fifty-two one hundred and four (521 04) weeks following the commencement of a a, WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee who has been employed for more than one ( 1) year returns to work after fifty-two one hundred and four (521 04) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee, displacing the Employee employee with the least seniority in the category to which she is returning.)) This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act. 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home employee shall be accommodated in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee manner consistent with the least seniority in Ontario Human Rights Code, and the classificationWorkplace Safety and Insurance Act.

Appears in 1 contract

Samples: Collective Agreement

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INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIBWSIA, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other WSIA benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of her return, service will accrue while on WSIB. (c) An employee shall maintain regular contact with the AgreementEmployer during the absence and will co-operate in the Employer's Return to Work program. 23.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its his discretion. 23.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee an employee who has been employed for more than one (1) year returns to work within fifty-two one hundred and four (52104) weeks following the commencement of a a, WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee who has been employed for more than one (1) year returns to work after fifty-two one hundred and four (52104) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee displacing the Employee with the least seniority in the category to which she is returning.) 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee with the least seniority in the classification.Article

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 22.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIB, the following shall apply: (a) : The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIB. (b) Provided that the Employee returns to work within fifty-two (52) consecutive weeks of the date of illness or injury, time spent on WSIB shall be considered as time worked for the purpose of calculating the current year’s vacation entitlement under the terms of the Agreement. 23.02 22.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four (4) months or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four (4) months, the Employer may fill the position at its discretion. 23.04 22.03 The injured Employee employee shall have a period of thirty-six twenty- four (3624) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) a. If a full-time Employee an employee returns to work within fifty-two (52) weeks following the commencement of a WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of rate-of-pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) b. If an Employee employee returns to work after fifty-two (52) weeks following the commencement of the WSIB claim but prior to thirtytwenty-six four (3624) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee displacing the Employee employee with the least seniority in the category to which she is returning.) 23.06 22.05 If, on the recommendation of the WSIB or the attending physician, the Employee employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Nursing Home in a classification that is covered by this Agreement, then the returning Employee employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee employee with the least seniority in the classification.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIB, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other WSIA benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of her return, service will accrue while on WSIB. (c) An Employee shall maintain regular contact with the AgreementEmployer during the absence and will co-operate in the Employer’s return to work program. 23.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its his discretion. 23.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee an employee who has been employed for more than one (1) year returns to work within fifty-two one hundred and four (52104) weeks following the commencement of a a, WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee who has been employed for more than one (1) year returns to work after fifty-two one hundred and four (52104) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee, displacing the Employee employee with the least seniority in the category to which she is returning.)) This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act. 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home employee shall be accommodated in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee manner consistent with the least seniority in Ontario Human Rights Code, and the classificationWorkplace Safety and Insurance Act.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIB, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIB. (b) Provided that the Employee employee returns to work within fifty-two (52) consecutive weeks of the date of illness or injury, time spent on WSIB shall be considered as time worked for the purpose of calculating the current year’s 's vacation entitlement under the terms of the Agreement. 23.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four three (43) months or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four three (43) months, the Employer may fill the position at its discretion. 23.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee employee returns to work within fifty-two (52) weeks following the commencement of a WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee returns to work after fifty-two (52) weeks following the commencement of the a WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee displacing the Employee employee with the least seniority in the category to which she is returning.) 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Nursing Home in a classification that is covered by this Agreement, then the returning Employee employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee employee with the least seniority in the classificationclassification as long as this does not result in the layoff of a more senior person.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 22.01 Where an Employee is absent due to illness or injury which is compensable by WSIBWSIA, the following shall apply: (a) The Employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of the Agreementher return, service will accrue while on WSIB. 23.02 (c) An Employee shall maintain regular contact with the Employer during the absence and will co-operate in the Employer’s Return to Work program. 22.02 In the case of an absence due to a compensable accident, the Employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 22.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its his discretion. 23.04 22.04 The injured Employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has had accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee has the physical capability to perform her normal job. (a) If a full-time an Employee who has been employed for more than one (1) year returns to work within fifty-two one hundred and four (52104) weeks following the commencement of a WSIB claim, and the Employee’s 's former permanent position still exists, the Employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee who has been employed for more than one (1) year returns to work after fifty-two one hundred and four (52104) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 22.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee displacing the Employee with the least seniority in the category to which she is returning.) 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee with the least seniority in the classification.Article

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIB, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other WSIA benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of her return, service will accrue while on WSIB. (c) An employee shall maintain regular contact with the AgreementEmployer during the absence and will co-operate in the Employer's Return to Work program. 23.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its his discretion. 23.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee an employee who has been employed for more than one (1) year returns to work within fifty-two one hundred and four (52104) weeks following the commencement of a a, WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee who has been employed for more than one (1) year returns to work after fifty-two one hundred and four (52104) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee, displacing the Employee employee with the least seniority in the category to which she is returning.)) This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act. 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home employee shall be accommodated in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee manner consistent with the least seniority in Ontario Human Rights Code, and the classificationWorkplace Safety and Insurance Act.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee is absent due to illness or injury which is compensable by WSIBWS/A, the following shall apply: (a) The Employee will not be eligible for paid holidaysWSIA benefits in accordance with the WS/A. b) If a person on WSIB returns to his/her employment, sick leavefor purposes of calculating vacation entitlement in the year of her return, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by service will accrue while on WSIB. (bc) Provided that An Employee shall maintain regular contact with the Employee returns Employer during the absence and will co-operate in the Employer's Return to work within fifty-two (52) consecutive weeks of the date of illness or injury, time spent on WSIB shall be considered as time worked for the purpose of calculating the current year’s vacation entitlement under the terms of the AgreementWork program. 23.02 In the case of an absence due to a compensable accident, the Employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its his discretion. 23.04 The injured Employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee has the physical capability to perform her normal job. (23.05 a) If a full-time an Employee who has been employed for more than one (1) year returns to work within fifty-two one hundred and four (52104) weeks following the commencement of a WSIB claim, claim and the Employee’s 's former permanent position still exists, the Employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee returns to work after fifty-two (52) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee displacing the Employee with the least seniority in the category to which she is returning.) 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee with the least seniority in the classification.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIB, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryher employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of her return, service will accrue while on WSIB. (c) An employee shall maintain regular contact with the AgreementEmployer during the absence and will co-operate in the Employer's return to work program. 23.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its her discretion. 23.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee employee returns to work within fifty-two one (521) weeks year following the commencement of a WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee who has been an employee for more than one (1) year returns to work after fifty-two (52) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee displacing the Employee employee with the least seniority in the category to which she is returning.) 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee ) This clause shall be interpreted consistent with the least seniority in the classification.Ontario Human Rights Code,

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 21 .01 Where an Employee employee is absent due to illness or injury which is compensable by WSIBWSIA, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other WSIA benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of the Agreementher return, service will accrue while on WSIB. 23.02 (c) An employee shall maintain regular contact with the Employer during the absence and will co-operate In the Employer's Return to Work program. 21 .02 In the case of an absence due to a compensable accident, . the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 21 .03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four (4) months or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 111 3) of this Agreement. Where the anticipated absence is less than four (4) months, the Employer may fill the position at its discretionhis d iscretion. 23.04 21 .04 The injured Employee Injured employee shall have a period of thirty-six (36) } months from the date of the injury within which she shall preserve the seniority which she has accrued in In accordance with Article 9 12 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee an employee returns to work within fifty-two one hundred and four (521 04) weeks following the commencement of a WSIB claim, and the Employee’s employee's former permanent position still stlU exists, the Employee employee will be returned to her former job, former shift if If designated, classification and rate of pay. All Employees empl oyees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee returns to work after employee who has been employed for more than fifty-two (52) weeks returns to work after one hundred and four (104) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 21 . 05 a) above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 912. (This would be effected by the returning Employee employee displacing the Employee employee with the least seniority in the category to which she is Is returning.)) This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act. 23.06 21 .06 If, on the recommendation of the WSIB or the attending physician, the Employee employee is capable only of performing work of a different kind or of a lighter naturenature on a permanent basis, the employee shall be accommodated in a manner consistent with the Ontario Human Rights Code, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications Workplace Safety and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee Insurance Act. 21 .07 The Employer agrees to meet with the least seniority in Union to discuss modified duties at both parties earliest convenience, but it is understood this will not delay the classificationcommencement of Modified Duties for and employee.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee is absent due to illness or injury which is compensable by WSIBWS/A, the following shall apply: (a) The Employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other WSIA benefits of this Agreement, except where specified otherwise, during any absence covered by WSIB.in accordance with the WS/A (b) Provided that the Employee If a person on WSI B returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of her return, service will accrue while on WSI B. c) An Employee shall maintain regular contact with the AgreementEmployer during the absence and will co-operate in the Employer's Return to Work program. 23.02 In the case of an absence due to a compensable accident, the Employee will be paid at her regular rate of pay for all scheduled s cheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its discretionhis dis creti on. 23.04 The injured Employee shall have a period of thirtythi rty-six (36) months from the date of the injury within which whi ch she shall preserve the seniority which she has accrued in accordance with Article 9 and within which whi ch she shall have the right to return to work upon the recommendation of the WSIB WSI B or the attending physicianphys ician, which whi ch shall indicate to the Employer that the Employee has the physical capability to perform her normal job. (23.05 a) If a full-time an Employee who has been employed for more than one (1) year returns to work within fifty-two one hundred and four (52104) weeks following the commencement of a WSIB claima, WSI B claim and the Employee’s 's former permanent position still exists, the Employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees who fill vacancies as a result of the above absences shall likewise li kewise be returned to their former permanent positions. (b) If an Employee returns to work after fifty-two (52) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee displacing the Employee with the least seniority in the category to which she is returning.) 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee with the least seniority in the classification.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIB, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryher employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of her return, service will accrue while on WSIB. (c) An employee shall maintain regular contact with the AgreementEmployer during the absence and will co-operate in the Employer’s return to work program. 23.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its her discretion. 23.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee employee returns to work within fifty-two one (521) weeks year following the commencement of a WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee who has been an employee for more than one (1) year returns to work after fifty-two (52) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee displacing the Employee employee with the least seniority in the category to which she is returning.) 23.06 If, on ) This clause shall be interpreted consistent with the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter natureOntario Human Rights Code, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee with the least seniority in the classification.the

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 22.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIB, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of the Agreementher return, service will accrue while on WSIB. 23.02 22.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four (4) months or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four (4) months, the Employer may fill the position at its discretion. 23.04 22.03 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee employee returns to work within fifty-two (52) weeks following the commencement of a WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee returns to work after fifty-two (52) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 22.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee displacing the Employee employee with the least seniority in the category to which she is returning.)) This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act. 23.06 22.05 If, on the recommendation of the WSIB or the attending physician, the Employee employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Nursing Home in a classification that is covered by this Agreement, then the returning Employee employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee employee with the least seniority in the classification. This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIB, WSIA the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other WSIA benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of her return, service will accrue while on WSIB. (c) An employee shall maintain regular contact with the AgreementEmployer during the absence and will co-operate in the Employer's Return to Work program. 23.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its his discretion. 23.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee an employee who has been employed for more than one (1) year returns to work within fifty-two one hundred and four (52104) weeks following the commencement of a WSIB claim, and the Employee’s employee's former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee who has been employed for more than one (1) year returns to work after fifty-two one hundred and four (52104) weeks following the commencement of the WSIB claim but prior to thirty-six (36) months mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee employee, displacing the Employee employee with the least seniority in the category to which she is returning.) 23.06 If, on ) This clause shall be interpreted consistent with the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter natureOntario Human Rights Code, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications Workplace Safety and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee with the least seniority in the classificationInsurance Act.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 42.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIBWSIA, the following shall apply: (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other WSIA benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the WSIA. (b) Provided that the Employee If a person on WSIB returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of the Agreementher return, service will accrue while on WSIB. 23.02 (c) An employee shall maintain regular contact with the Employer during the absence and will co-operate in the Employer's Return to Work program. 42.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 42.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four six (46) months weeks or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 1115) of this Agreement. Where the anticipated absence is less than four six (46) monthsweeks, the Employer may fill the position at its his discretion. 23.04 42.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance Accordance with Article 9 11 and within which she shall have the right to return to work upon the recommendation of the WSIB Workplace Safety and Insurance Board or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-time Employee an employee who has been employed for more than one (1) year returns to work within fifty-two one hundred and four (52104) weeks following the commencement of a WSIB claimthe W.S.I.B. claim or illness, and the Employee’s employee's former permanent position still exists, the Employee will employee shall be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences absence shall likewise be returned to their former permanent positions. (b) If an Employee employee who has been employed for more than one (1) year returns to work after fifty-two one hundred and four (52104) weeks following the commencement of the WSIB W.S.I.B claim but prior to the thirty-six (36) months mentioned in the Article 23.04 above, 16.04 she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 914. (This would be effected by the returning Employee employee displacing the Employee employee with the least seniority in the category to which she is returning.)) This clause shall be interpreted consistent with the Ontario Human Rights Code, and the Workplace Safety and Insurance Act. 23.06 42.06 If, on the recommendation of the WSIB Workplace Safety and Insurance Board or the attending physician, the Employee employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home employee shall be accommodated in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee manner consistent with the least seniority in the classificationOntario Human Rights Code and Workplace Safety and Insurance Act.

Appears in 1 contract

Samples: Collective Agreement

INJURY AND DISABILITY. 23.01 Where an Employee employee is absent due to illness or injury which is compensable by WSIBOccupation Accident Benefits, the following shall apply:; (a) The Employee employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by WSIBin accordance with the Occupational Accident Insurance Plan parameters. (b) Provided that the Employee If a person on Occupational Accident Benefits returns to work within fifty-two (52) consecutive weeks of the date of illness or injuryhis/her employment, time spent on WSIB shall be considered as time worked for the purpose purposes of calculating the current year’s vacation entitlement under in the terms year of the Agreementher return, service will accrue while on Occupational Accident Benefits. 23.02 In the case of an absence due to a compensable accident, the Employee employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 23.03 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four (4) months or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 11) of this Agreement. Where the anticipated absence is less than four (4) months, the Employer may fill the position at its his discretion. 23.04 The injured Employee employee shall have a period of thirty-six (36) months from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with Article 9 and within which she shall have the right to return to work upon the recommendation of the WSIB Occupational Accident Insurer or the attending physician, which shall indicate to the Employer that the Employee employee has the physical capability to perform her normal job. (a) If a full-full time Employee employee returns to work within fifty-two (52) weeks following the commencement of a WSIB an Occupational Accident claim, and the Employeeemployee’s former permanent position still exists, the Employee employee will be returned to her former job, former shift if designated, classification and rate of pay. All Employees employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an Employee employee returns to work after fifty-two (52) weeks following the commencement of the WSIB Occupational Accident claim but prior to thirty-six (36) months months, mentioned in Article 23.04 above, she shall be returned to her former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with Article 9. (This would be effected by the returning Employee displacing the Employee with the least seniority in the category to which she is returning.) 23.06 If, on the recommendation of the WSIB or the attending physician, the Employee is capable only of performing work of a different kind or of a lighter nature, and such work is available within the Home in a classification that is covered by this Agreement, then the returning Employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation, by bumping into the job at the applicable salary level, displacing the Employee with the least seniority in the classification.Article

Appears in 1 contract

Samples: Collective Agreement

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