Common use of INJURY ON DUTY Clause in Contracts

INJURY ON DUTY. (a) All employees shall be covered by The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. (b) An employee who is unable to perform the employee’s duties because of a personal injury received in the performance of the employee’s duties shall report the matter to the employee’s Supervisor and submit an account of the accident using the prescribed form as soon as possible. An employee’s claim will not be delayed where the prescribed form is not immediately provided to the employee through the Supervisor. (c) An employee who is unable to perform the employee’s duties because of a personal injury received in the performance of the employee’s duties shall be immediately placed on Injury on Duty Leave and receive compensation in accordance with the provisions of Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. If the claim is subsequently denied by the Workers’ Compensation Commission, the employee may access other available benefits including sick leave and annual leave. (a) In the event that the employee dies as a result of an injury received in the performance of the employee’s duties, the employee’s estate shall receive all death benefits owing to the employee in accordance with the provisions of the Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11, in addition to any benefits the employee would be eligible for under the Public Service Pensions Act. (b) In the event that an employee becomes permanently disabled or incurs a recurring disability as a result of an injury received during the performance of the employee’s duties the employee will receive benefits in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. (a) An employee confirmed as being unable to perform the regular duties of his/her classification as a result of injury on duty will be employed in other work he/she can do provided a suitable vacancy is available and provided that the employee is qualified and able to perform the duties required. Where a suitable vacancy is available the rate for the new position shall apply. (b) Where a suitable vacancy is not available, the incapacitated employee retains the right to displace a less senior employee in another classification who occupies a position which the incapacitated employee is qualified and able to fill. Where an incapacitated employee advises the permanent head in writing of his/her intention to exercise his/her right to displace a less senior employee, the incapacitated employee will be deemed to have been given notice of layoff effective from the date he/she was confirmed as being unable to perform the regular duties of his/her classification. Accordingly, the right to displace a less senior employee in another classification shall be exercised as per the provisions of Article 35, Layoff, Bumping and Recall. 29.04 In the event that an employee is placed on leave under the provisions of this Article, he/she will not accrue seniority during any period when he/she would normally be laid off. 29.05 The Employer determines whether its employees will be covered directly by the Workers' Compensation Commission or indirectly through a "self-insured" arrangement. Benefits under either arrangement are to be in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. 29.06 It is agreed and understood by the parties to this Collective Agreement that an employee who is approved for full extended earnings loss (EEL) benefits from the Workplace, Health, Safety and Compensation Commission, after the date of signing of this agreement, shall no longer accumulate benefits under this agreement but shall have his/her position with the employer protected for two (2) calendar years following the date of such approval, immediately following which his/her employment shall be terminated, subject to the Human Rights Act.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

AutoNDA by SimpleDocs

INJURY ON DUTY. (a) All employees shall be covered by The Workplace, Health, the Workplace Health and Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. (b) An employee who is unable to perform the employee’s his/her duties because of a personal injury received in the performance of the employee’s his/her duties shall report the matter to the employee’s his/her Supervisor and submit an account of the accident using the prescribed form as soon as possible. An employee’s claim will not be delayed where the prescribed form is not immediately provided to the employee through the Supervisor.. * (c) An employee who is unable to perform the employee’s his/her duties because of a personal injury received in the performance of the employee’s his/her duties shall be immediately placed on Injury on Duty Leave and receive compensation in accordance with the provisions of Workplace, Health, the Workplace Health and Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. If the claim is subsequently denied by the Workers’ Workplace Health and Safety Compensation Commission, the employee may access other available benefits including sick leave and annual leave. (a) In the event that the employee dies as a result of an injury received in the performance of the employee’s his/her duties, the employee’s his/her estate shall receive all death benefits owing to the employee in accordance with the provisions of the Workplace, Health, Workplace Health and Safety and Compensation Commission Act, RSNL 1990 Chapter W-11, in addition to any benefits the employee he/she would be eligible for under the Public Service Pensions Act. (b) In the event that an employee becomes permanently disabled or incurs a recurring disability as a result of an injury received during the performance of the employee’s his/her duties the employee will receive benefits in accordance with the provisions of The Workplace, Health, the Workplace Health and Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. (a) An employee confirmed as being unable to perform the regular duties of his/her classification as a result of injury on duty will be employed in other work he/she can do provided a suitable vacancy is available and provided that the employee is qualified and able to perform the duties required. Where a suitable vacancy is available the rate for the new position shall apply. (b) Where a suitable vacancy is not available, the incapacitated employee retains the right to displace a less senior employee in another classification who occupies a position which the incapacitated employee is qualified and able to fill. Where an incapacitated employee advises the permanent head Permanent Head in writing of his/her intention to exercise his/her right to displace a less senior employee, the incapacitated employee will be deemed to have been given notice of layoff lay-off effective from the date he/she was confirmed as being unable to perform the regular duties of his/her classification. Accordingly, the right to displace a less senior employee in another classification shall be exercised as per the provisions of Article Articles 33, 34 and 35, LayoffJob Competition, Seniority, Lay-off, Bumping and Recall. 29.04 In the event that an employee is placed on leave under the provisions of this Article, he/she will not accrue seniority during any period when he/she would normally be laid off. 29.05 The Employer determines whether its employees will be covered directly by the Workers' Compensation Commission or indirectly through a "self-insured" arrangement. Benefits under either arrangement are to be in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. 29.06 It is agreed and understood by the parties to this Collective Agreement that an employee who is approved for full extended earnings loss (EEL) benefits from the Workplace, Health, Safety and Compensation Commission, after the date of signing of this agreement, shall no longer accumulate benefits under this agreement but shall have his/her position with the employer protected for two (2) calendar years following the date of such approval, immediately following which his/her employment shall be terminated, subject to the Human Rights Act.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

INJURY ON DUTY. (a) All employees shall be covered by The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. (b) An employee who purpose of this Section is unable to perform the employee’s duties because of a personal injury received in the performance ensure that members of the employee’s duties Police Service shall report the matter to the employee’s Supervisor and submit an account suffer no loss of the accident using the prescribed form as soon as possible. An employee’s claim will not be delayed where the prescribed form is not immediately provided to the employee through the Supervisor. (c) An employee who is unable to perform the employee’s duties because of a personal injury received in the performance of the employee’s duties shall be immediately placed on Injury on Duty Leave and receive compensation in accordance with the provisions of Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. If the claim is subsequently denied by the Workers’ Compensation Commission, the employee may access other available benefits including sick leave and annual leave. (a) In the event that the employee dies “net take home pay” as a result of an injury received while in the performance of their duties. A member of the employee’s Police Service who is absent from duty on account of injury received while in the performance of his duties, where compensation for loss of wages is granted by the employee’s estate shall Workers’ Compensation Board, b) Pursuant to Article III-8(a), “adjusted gross salary” means the basic salary that the member was entitled to receive all death benefits owing at the time of his injury as set out in Article XI-1, based on the rank occupied by the member at that time, less: i. an amount equal to the employee difference between the member’s regular deductions for income tax and Canada Pension Plan contributions and the deductions for income tax and Canada Pension contributions applicable to earnings in accordance with the provisions excess of the Workplace, Health, Safety and benefits provided under Manitoba Workers’ Compensation Commission Act, RSNL 1990 Chapter W-11, in addition legislation; ii. any payments received by the employee pursuant to the Canada Pension Plan; iii. any payments received by the employee pursuant to a disability insurance plan under which the City pays all or part of the premium thereof; iv. payments received by the employee from the Workers’ Compensation Board excluding any benefits the employee would be eligible for under the Public Service Pensions or payments paid pursuant to Section 40 of The Workers’ Compensation Act. (bc) In Pursuant to Article III-8(a), “normal deductions” means those items which would have been deducted from the event that an employee becomes permanently disabled or incurs a recurring disability as a result of an injury received during the performance basic salary of the employee’s duties member in the normal course of events had the member not been injured on duty, notwithstanding deductions for federal and provincial income tax and Canada Pension Plan contributions, which shall be adjusted to reflect the non-taxable status of Workers’ Compensation benefits. Without limiting the generality of the foregoing, these items shall include any and all deductions for contributions to any City Pension Plan; Unemployment Insurance contributions; union dues; group insurance premiums; Canada Savings Bond deductions; employee will receive benefits in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. (a) An employee confirmed as being unable to perform the regular duties of his/her classification as a result of injury on duty will be employed in parking deductions; credit union deductions; charity deductions; or any other work he/she can do provided a suitable vacancy is available and provided deductions that the employee is qualified and able to perform the duties required. Where a suitable vacancy is available the rate for the new position shall apply. (b) Where a suitable vacancy is not available, the incapacitated employee retains the right to displace a less senior employee in another classification who occupies a position which the incapacitated employee is qualified and able to fill. Where an incapacitated employee advises the permanent head in writing of his/her intention to exercise his/her right to displace a less senior employee, the incapacitated employee will be deemed to might have been given notice of layoff effective from the date he/she was confirmed as being unable to perform the regular duties of his/her classification. Accordingly, the right to displace a less senior employee in another classification shall be exercised as per the provisions of Article 35, Layoff, Bumping and Recall. 29.04 In the event that an employee is placed on leave under the provisions of this Article, he/she will not accrue seniority during any period when he/she would normally be laid off. 29.05 The Employer determines whether its employees will be covered directly payable by the Workers' Compensation Commission member from time to time or indirectly through a "self-insured" arrangement. Benefits under either arrangement are to be in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. 29.06 It is agreed and understood authorized by the parties member from time to this Collective Agreement that an employee who is approved for full extended earnings loss (EEL) benefits from the Workplace, Health, Safety and Compensation Commission, after the date of signing of this agreement, shall no longer accumulate benefits under this agreement but shall have his/her position with the employer protected for two (2) calendar years following the date of such approval, immediately following which his/her employment shall be terminated, subject to the Human Rights Acttime.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

INJURY ON DUTY. (a) All employees Section 22.1. Every full-time bargaining unit employee shall be covered by The Workplaceentitled to apply for benefits under this article on account of sickness or injury, Health, Safety provided such disability was occasioned while in the direct line of duty and under such circumstances that would cause the injury or disability to be compensable under the Worker’s Compensation Commission Act, RSNL 1990 Chapter W-11Law of the State of Ohio. (b) An Section 22.2. To apply for benefits under Section 22.1 hereof, written application shall be made to the Safety Service Director accompanied by a certificate from a registered physician stating that such employee who is unable to perform work and that such disability is the result of or is connected with the duties of such employee. It shall be the duty of the Safety Service Director to approve or reject the application and in doing so he may require examination by a registered physician of the Employer's selection. Section 22.3. Before any employee who has made application to the Safety Service Director for benefits under this article is entitled to receive any benefits under this article, he shall first make application for Worker’s duties because Compensation benefits from any compensation fund to which the City contributes by the filing of a personal FROI-1 with the Bureau. He shall also complete the injury received in on duty and reimbursement form provided by the performance of the employee’s duties City (see Appendix E). No employee shall report the matter be entitled to the employee’s Supervisor and submit an account of the accident using the prescribed form as soon as possible. An employee’s claim will not be delayed where the prescribed form is not immediately provided to the employee through the SupervisorCity-paid injury on duty benefits until this requirement has been completed. (c) An employee who is unable to perform the employee’s duties because of a personal injury received in the performance of the employee’s duties shall be immediately placed on Injury on Duty Leave and receive compensation in accordance with the provisions of Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11Section 22.4. If the claim employee's application is subsequently denied by approved and the Workers’ Compensation CommissionState's FROI-1 form is filed, the payments received shall be considered a continuation of wages. The employee may access other available benefits including sick leave and annual leave. receive up to twelve (a12) In the event that the employee dies as a result of an injury received in the performance of the employeeconsecutive month’s duties, the employee’s estate shall receive all death benefits owing to the employee in accordance with the provisions of the Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11, in addition to any benefits the employee would be eligible for under the Public Service Pensions Act. (b) In the event that an employee becomes permanently disabled or incurs a recurring disability as a result of an injury received during the performance of the employee’s duties the employee will receive benefits in accordance with the provisions of full pay. The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. (a) An employee confirmed as being unable to perform the regular duties of his/her classification as a result of injury on duty will be employed in other work he/she can do provided a suitable vacancy is available and provided that the employee is qualified and able to perform the duties required. Where a suitable vacancy is available the rate for the new position shall apply. (b) Where a suitable vacancy is not available, the incapacitated employee retains the right to displace a less senior employee in another classification who occupies a position which the incapacitated employee is qualified and able to fill. Where an incapacitated employee advises the permanent head in writing of his/her intention to exercise his/her right to displace a less senior employee, the incapacitated employee will be deemed entitled to have been given notice of layoff effective from the date he/she was confirmed as being unable to perform the regular duties of hiscompensation for any job-related disability that requires him/her classificationto lose one (1) or more days off work, including weekends and holidays. AccordinglyIn no event shall this provision entitle the employee to receive more than twelve (12) months full pay for the injury. In any event, the right to displace a less senior employee in another classification shall be exercised as per the provisions of Article 35, Layoff, Bumping and Recall. 29.04 In the event that an employee is placed on leave under the provisions of this Article, he/she will not accrue seniority during any period when he/she would normally be laid off. 29.05 The Employer determines whether its employees will be covered directly by the Workers' Compensation Commission or indirectly through a "self-insured" arrangement. Benefits under either arrangement are to be in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. 29.06 It is agreed and understood by the parties to this Collective Agreement that an employee who is approved for full extended earnings loss (EEL) benefits from the Workplace, Health, Safety and Compensation Commission, after the date of signing of this agreement, shall no longer accumulate benefits under this agreement but article shall have his/her position with the employer protected for be payable after two (2) calendar years following from the date of such approval, immediately following which his/her employment injury. The benefits shall be terminatedcomputed on the basis of forty (40) hours per week. Specifically excluded from payment authorized herein are temporary, subject part-time, and seasonal employees. Section 22.5. When the employee's application is approved, the Safety Service Director shall place the employee on such benefit status. Section 22.6. In the event the injury or disability is disallowed by the Bureau of Worker’s Compensation or the Industrial Commission of Ohio, the employee shall be charged with all time lost from work against his accumulated sick leave time. If the employee does not have accumulated sick leave time to cover either all or part of the time off, up to and including the date the claim is disallowed, then any monies paid to the Human Rights Actemployee by the City under this article shall be repaid by the employee to the City. Section 22.7. In the event the injury or disability sustained by the employee is not total, the Safety Service Director may assign the employee to duties, which are consistent with the employee's physical abilities. The City shall have the right to require the employee to submit to a medical examination by a licensed physician satisfactory to the City to determine the employee's ability to perform the alternate job duties. Should an employee elect not to return to work under a modified duty assignment, the provisions for the benefits under this article shall cease. Section 22.8. Once an employee has exhausted the twelve (12) weeks of Family and Medical Leave, the Employer shall have the right to have the employee examined by a licensed physician designated by the Employer. Such examination(s) may occur at least every thirty (30) calendar days, as determined by the Employer.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

INJURY ON DUTY. (a) All employees shall be covered by The Workplace, Workplace Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. (b) An employee who is unable to perform the employee’s his/her duties because of a personal injury received in the performance of the employee’s his/her duties shall report the matter to the employee’s his/her Supervisor and submit an account of the accident using the prescribed form as soon as possible. An employee’s claim will not be delayed where the prescribed form is not immediately provided to the employee through the Supervisor. (c) An employee who is unable to perform the employee’s his/her duties because of a personal injury received in the performance of the employee’s his/her duties shall be immediately placed on Injury on Duty Leave and receive compensation in accordance with the provisions of Workplace, The Workplace Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. If the claim is subsequently denied by the Workers’ Compensation Commission, the employee may access other available benefits including sick leave and annual leave. (a) In the event that the employee dies as a result of an injury received in the performance of the employee’s his/her duties, the employee’s his/her estate shall receive all death benefits owing to the employee in accordance with the provisions of the Workplace, The Workplace Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11, in addition to any benefits the employee he/she would be eligible for under the Public Service Pensions ActAct or the Government Money Purchase Pension Plan. (b) In It is understood and agreed by the event parties to this Collective Agreement that an employee becomes permanently disabled or incurs a recurring disability as a result of an injury received during who is approved for full extended earnings loss (EEL) benefits from the performance of the employee’s duties the employee will receive benefits in accordance with the provisions of The Workplace, Workplace Health, Safety and Compensation Commission after the date of signing of this agreement shall no longer accumulate benefits under this agreement but shall have their position with the Employer protected for two (2) calendar years following the date of such approval immediately following which their employment shall be terminated, subject to the Human Rights Act, RSNL 1990 Chapter W-11. (a) An employee confirmed as being unable to perform the regular duties of his/her classification as a result of injury on duty will be employed in other work he/she can do provided a suitable vacancy is available and provided that the employee is qualified and able to perform the duties required. Where a suitable vacancy is available the rate for the new position shall apply. (b) Where a suitable vacancy is not available, the incapacitated employee retains the right to displace a less senior employee in another classification who occupies a position which the incapacitated employee is qualified and able to fill. Where an incapacitated employee advises the permanent head President or designate in writing of his/her intention to exercise his/her right to displace a less senior employee, the incapacitated employee will be deemed to have been given notice of layoff effective from the date he/she was confirmed as being unable to perform the regular duties of his/her classification. Accordingly, the right to displace a less senior employee in another classification shall be exercised as per the provisions of Article 3550, Layoff, Bumping and Recallif applicable. 29.04 21.04 In the event that an employee is placed on leave under the provisions of this Article, he/she will not accrue seniority during any period when he/she would normally be laid off. 29.05 21.05 The Employer determines whether its employees will be covered directly by the Workers' The Workplace Health, Safety and Compensation Commission or indirectly through a "self-insured" arrangement. Benefits under either arrangement are to be in accordance with the provisions of The Workplace, Workplace Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. 29.06 It is agreed and understood by the parties to this Collective Agreement that an employee who is approved for full extended earnings loss (EEL) benefits from the Workplace, Health, Safety and Compensation Commission, after the date of signing of this agreement, shall no longer accumulate benefits under this agreement but shall have his/her position with the employer protected for two (2) calendar years following the date of such approval, immediately following which his/her employment shall be terminated, subject to the Human Rights Act.

Appears in 1 contract

Samples: Faculty Agreement

INJURY ON DUTY. (a) All employees shall be covered by The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. (b) An employee who is unable to perform the employee’s =s duties because of a personal injury received in the performance of the employee’s =s duties shall report the matter to the employee’s =s Supervisor and submit an account of the accident using the prescribed form as soon as possible. An employee’s =s claim will not be delayed where the prescribed form is not immediately provided to the employee through the Supervisor. (c) An employee who is unable to perform the employee’s =s duties because of a personal injury received in the performance of the employee’s =s duties shall be immediately placed on Injury on Duty Leave and receive compensation in accordance with the provisions of Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. If the claim is subsequently denied by the Workers’ Workers= Compensation Commission, the employee may access other available benefits including sick leave and annual leave. This is not the official version. (a) In the event that the employee dies as a result of an injury received in the performance of the employee’s =s duties, the employee’s =s estate shall receive all death benefits owing to the employee in accordance with the provisions of the Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11, in addition to any benefits the employee would be eligible for under the Public Service Pensions Act. (b) In the event that an employee becomes permanently disabled or incurs a recurring disability as a result of an injury received during the performance of the employee’s =s duties the employee will receive benefits in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. (a) An employee confirmed as being unable to perform the regular duties of his/her classification as a result of injury on duty will be employed in other work he/she can do provided a suitable vacancy is available and provided that the employee is qualified and able to perform the duties required. Where a suitable vacancy is available the rate for the new position shall apply. (b) Where a suitable vacancy is not available, the incapacitated employee retains the right to displace a less senior employee in another classification who occupies a position which the incapacitated employee is qualified and able to fill. Where an incapacitated employee advises the permanent head in writing of his/her intention to exercise his/her right to displace a less senior employee, the incapacitated employee will be deemed to have been given notice of layoff effective from the date he/she was confirmed as being unable to perform the regular duties of his/her classification. Accordingly, the right to displace a less senior employee in another classification shall be exercised as per the provisions of Article 35, Layoff, Bumping and Recall. 29.04 In the event that an employee is placed on leave under the provisions of this Article, he/she will not accrue seniority during any period when he/she would normally be laid off.she 29.05 The Employer determines whether its employees will be covered directly by the Workers' Compensation Commission or indirectly through a "self-insured" arrangement. Benefits under either arrangement are to be in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. . * 29.06 It is agreed and understood by the parties to this Collective Agreement that an employee who is approved for full extended earnings loss (EEL) benefits from the Workplace, Health, Safety and Compensation Commission, after the date of signing of this agreement, shall no longer accumulate benefits under this agreement but shall have his/her position with the employer protected for two (2) calendar years following the date of such approval, immediately following which his/her employment shall be terminated, subject to the Human Rights Act.

Appears in 1 contract

Samples: Collective Agreement

INJURY ON DUTY. (a) 22.01 All employees shall be covered by The Workplace, Health, Safety and the Workers' Compensation Commission Act. An employee prevented from performing the employee's regular duties with the College as a result of an accident that is covered by the Workers' Compensation Act, RSNL 1990 Chapter W-11shall receive a leave of absence under Article 16.02 (c) for the period the employee receives Workers' Compensation benefits. 22.02 This leave of absence shall continue for a period of nine (b9) An months but may be extended to twelve (12) months if medical opinion advises that the employee who is unable should be able to perform return to work within the employee’s duties because additional three (3) month period. 22.03 During the leave of a personal injury received in absence provided under this Article, the performance College shall pay the full cost of the employee’s duties shall report 's premiums for compulsory insurance outlined in Article 21. 02 a) plus the matter employee's premiums for group medical and dental insurances, providing the employee was enrolled in these plans prior to the employee’s Supervisor and submit 's injury on duty. The College shall also make the employee's pension contribution if necessary for eligible employees during this leave of absence, on the basis as if the employee had been at work. 22.04 Notwithstanding Article 22.01, in the event that the salary of an account employee, at the time of a claim under the Workers' Compensation Act, exceeds the maximum annual earnings established by regulation, the College shall during injury on duty leave continue to pay the employee an amount equal to eighty percent (80%) (85% after 38 weeks) of net income on a bi-weekly basis on that portion of salary which is in excess of the accident using maximum earnings recognized by the prescribed form Workers' Compensation Board. The calculation of net pay entitlement shall be made in the same manner as soon as possible. An employee’s claim will not be delayed where the prescribed form is not immediately provided calculation made by the Workers' Compensation Board up to the employee through the Supervisormaximum annual earnings. (c) An 22.05 Pending the initial decision of a Workers' Compensation Claim, an employee who shall continue on payroll and shall be paid at the level which is unable equivalent to perform the employee’s duties because of a personal injury received in 's entitlement under the performance Workers' Compensation Act. When the claim is approved, the employee agrees to repay the amount equivalent to the amount paid by the College pending the approval of the employee’s duties shall be immediately placed on Injury on Duty Leave and receive compensation in accordance with the provisions of Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11claim. If the claim is subsequently denied by not approved, the employee will be entitled to use sick leave. 22.06 An employee, who is injured during working hours and is required to leave for treatment or is sent home as a result of such injury, shall receive payment for the remainder of the day or shift without deduction from sick leave, if the College is provided with a doctor's certificate confirming that the employee is not fit to return to work. 22.07 Notwithstanding Article 16.08, an employee who is on injury on duty leave shall continue to earn and accumulate sick leave and vacation leave credits. 22.08 An employee who has filed a claim under the Workers’ Compensation Commission, the employee may access other available benefits including Act shall be eligible to apply for sick leave and annual leave. during any required benefit waiting period, such sick leave to be compensated at the rate of eighty percent (a80%) of net income. In the event that the employee dies as a result of an injury received in receives compensation from the performance of Workers’ Compensation Board for the employee’s dutiesbenefit waiting period, the employee’s estate employee shall receive all death benefits owing to repay the employee in accordance with College for the provisions of the Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11, in addition to any benefits the employee would be eligible for under the Public Service Pensions Act. (b) In the event that an employee becomes permanently disabled or incurs a recurring disability as a result of an injury received compensation paid during the performance of the employee’s duties the employee will receive benefits in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11benefit waiting period. (a) An employee confirmed as being unable to perform the regular duties of his/her classification as a result of injury on duty will be employed in other work he/she can do provided a suitable vacancy is available and provided that the employee is qualified and able to perform the duties required. Where a suitable vacancy is available the rate for the new position shall apply. (b) Where a suitable vacancy is not available, the incapacitated employee retains the right to displace a less senior employee in another classification who occupies a position which the incapacitated employee is qualified and able to fill. Where an incapacitated employee advises the permanent head in writing of his/her intention to exercise his/her right to displace a less senior employee, the incapacitated employee will be deemed to have been given notice of layoff effective from the date he/she was confirmed as being unable to perform the regular duties of his/her classification. Accordingly, the right to displace a less senior employee in another classification shall be exercised as per the provisions of Article 35, Layoff, Bumping and Recall. 29.04 In the event that an employee is placed on leave under the provisions of this Article, he/she will not accrue seniority during any period when he/she would normally be laid off. 29.05 The Employer determines whether its employees will be covered directly by the Workers' Compensation Commission or indirectly through a "self-insured" arrangement. Benefits under either arrangement are to be in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. 29.06 It is agreed and understood by the parties to this Collective Agreement that an employee who is approved for full extended earnings loss (EEL) benefits from the Workplace, Health, Safety and Compensation Commission, after the date of signing of this agreement, shall no longer accumulate benefits under this agreement but shall have his/her position with the employer protected for two (2) calendar years following the date of such approval, immediately following which his/her employment shall be terminated, subject to the Human Rights Act.

Appears in 1 contract

Samples: Collective Agreement

AutoNDA by SimpleDocs

INJURY ON DUTY. (a) 27.01 All employees Employees shall be covered by The Workplacethe Workers Compensation Act. An Employee prevented from performing the Employee's regular duties with the College as a result of an accident, Health, Safety and that is covered by the Workers Compensation Commission Act, RSNL 1990 Chapter W-11shall receive a leave of absence under Article 12.01 for the period the Employee receives Workers Compensation benefits. 27.02 This leave of absence shall continue for a period of nine (b9) An employee who is unable months but may be extended to perform twelve (12) months if medical opinion advises that the employee’s duties because Employee should be able to return to work within the additional three (3) month period. 27.03 During the leave of absence provided under this Article, the College shall pay the full cost of the Employee's premiums for compulsory insurance outlined in Article 26.02 plus the Employee's premiums for group medical and dental insurances, providing the Employee was enrolled in these plans prior to the Employee's injury on duty. The College shall also make the Employee's pension contribution if necessary for eligible Employees during this leave of absence, on the basis as if the Employee had been at work. 27.04 Notwithstanding Article 15.01, in the event that the salary of an Employee, at the time of a personal claim under the Workers Compensation Act, exceeds the maximum annual earnings established by regulation, the College shall during injury received on duty leave continue to pay the Employee an amount equal to eighty percent (80%) (eighty-five percent (85%) after thirty-nine (39) weeks) of net income on a bi-weekly basis on that portion of salary which is in excess of the maximum earnings recognized by the Workers Compensation Board. The calculation of net pay entitlement shall be made in the performance same manner as the calculation made by the Workers Compensation Board up to the maximum annual earnings. 27.05 Pending the initial decision of a Workers Compensation Claim, an Employee shall continue on payroll and shall be paid at the level which is equivalent to the Employee's entitlement under the Workers Compensation Act. When the claim is approved, the Employee agrees to repay the amount equivalent to the amount paid by the College pending the approval of the employee’s duties shall report the matter to the employee’s Supervisor and submit an account of the accident using the prescribed form as soon as possible. An employee’s claim will not be delayed where the prescribed form is not immediately provided to the employee through the Supervisor. (c) An employee who is unable to perform the employee’s duties because of a personal injury received in the performance of the employee’s duties shall be immediately placed on Injury on Duty Leave and receive compensation in accordance with the provisions of Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11claim. If the claim is subsequently denied by the Workers’ Compensation Commissionnot approved, the employee may access other available benefits including Employee will be entitled to use sick leave and annual leave. (a) In the event that the employee dies 27.06 An Employee, who is injured during working hours and is required to leave for treatment or is sent home as a result of an injury received in such injury, shall receive payment for the performance remainder of the employee’s dutiesday or shift without deduction from sick leave, if the employee’s estate shall receive all death benefits owing to the employee in accordance College is provided with the provisions of the Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11, in addition to any benefits the employee would be eligible for under the Public Service Pensions Act. (b) In the event that an employee becomes permanently disabled or incurs a recurring disability as a result of an injury received during the performance of the employee’s duties the employee will receive benefits in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. (a) An employee confirmed as being unable to perform the regular duties of his/her classification as a result of injury on duty will be employed in other work he/she can do provided a suitable vacancy is available and provided doctor's certificate confirming that the employee is qualified and able to perform the duties required. Where a suitable vacancy is available the rate for the new position shall apply. (b) Where a suitable vacancy Employee is not available, the incapacitated employee retains the right fit to displace a less senior employee in another classification who occupies a position which the incapacitated employee is qualified and able return to fill. Where an incapacitated employee advises the permanent head in writing of his/her intention to exercise his/her right to displace a less senior employee, the incapacitated employee will be deemed to have been given notice of layoff effective from the date he/she was confirmed as being unable to perform the regular duties of his/her classification. Accordingly, the right to displace a less senior employee in another classification shall be exercised as per the provisions of Article 35, Layoff, Bumping and Recallwork. 29.04 In the event that an employee is placed on leave under the provisions of this Article, he/she will not accrue seniority during any period when he/she would normally be laid off. 29.05 The Employer determines whether its employees will be covered directly by the Workers' Compensation Commission or indirectly through a "self-insured" arrangement. Benefits under either arrangement are to be in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. 29.06 It is agreed and understood by the parties to this Collective Agreement that an employee who is approved for full extended earnings loss (EEL) benefits from the Workplace, Health, Safety and Compensation Commission, after the date of signing of this agreement, shall no longer accumulate benefits under this agreement but shall have his/her position with the employer protected for two (2) calendar years following the date of such approval, immediately following which his/her employment shall be terminated, subject to the Human Rights Act.

Appears in 1 contract

Samples: Faculty Agreement

INJURY ON DUTY. (a) All employees shall be covered by The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. (b) An employee A member of the Service who is unable to perform the employee’s duties because absent from duty on account of a personal injury received while in the performance of his duties, where compensation for loss of wages is granted by The Workers’ Compensation Board, shall continue to receive his normal “net take home pay”. This shall be accomplished by providing the employee’s duties shall report “adjusted gross salary” of his rank at the matter to the employee’s Supervisor and submit an account time of the accident using the prescribed form as soon as possible. An employee’s claim will not be delayed where the prescribed form is not immediately provided to the employee through the Supervisor. (c) An employee who is unable to perform the employee’s duties because of a personal injury received in the performance occurrence of the employee’s duties shall be immediately placed on Injury on Duty Leave and receive compensation injury less “normal deductions” while so absent in accordance with the provisions definitions of Workplace“adjusted gross salary” and “ normal deductions” as set out in Article IV-10(b) and (c). b) Pursuant to Article IV-10(a), Health“adjusted gross salary” means the basic salary that the member was entitled to receive at the time of his injury as set out in Article III- 2, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. If based on the claim is subsequently denied rank occupied by the member at that time, less, and; i) an amount equal to the difference between the member’s regular deductions for income tax and Canada Pension Plan contributions and the deductions for income tax and Canada pension contributions applicable to earnings in excess of the benefits provided under Manitoba Workers’ Compensation Commission, legislation; ii) any payments received by the employee may access other available benefits including sick leave and annual leave.pursuant to the Canada Pension Plan; (aiii) In the event that any payments received by the employee dies as pursuant to a result of an injury received in disability insurance plan under which the performance City pays all or part of the employee’s duties, the employee’s estate shall receive all death benefits owing to premium thereof; iv) payments received by the employee in accordance with the provisions of the Workplace, Health, Safety and from The Workers’ Compensation Commission Act, RSNL 1990 Chapter W-11, in addition to Board excluding any benefits the employee would be eligible for under the Public Service Pensions of payments paid pursuant to Section 40 of The Workers’ Compensation Act. (bc) In Pursuant to Article IV-10(a), “normal deductions” means those items which would have been deducted from the event that an employee becomes permanently disabled or incurs a recurring disability as a result of an injury received during the performance basic salary of the employee’s duties member in the employee will receive benefits in accordance with normal course of events had the provisions of The Workplacemember not been injured on duty, Healthnotwithstanding deductions for federal and provincial income tax and Canada Pension Plan contributions, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. (a) An employee confirmed as being unable to perform the regular duties of his/her classification as a result of injury on duty will be employed in other work he/she can do provided a suitable vacancy is available and provided that the employee is qualified and able to perform the duties required. Where a suitable vacancy is available the rate for the new position shall apply. (b) Where a suitable vacancy is not available, the incapacitated employee retains the right to displace a less senior employee in another classification who occupies a position which the incapacitated employee is qualified and able to fill. Where an incapacitated employee advises the permanent head in writing of his/her intention to exercise his/her right to displace a less senior employee, the incapacitated employee will be deemed to have been given notice of layoff effective from the date he/she was confirmed as being unable to perform the regular duties of his/her classification. Accordingly, the right to displace a less senior employee in another classification shall be exercised as per adjusted to reflect the provisions non-taxable status of Article 35Workers’ Compensation benefits. Without limited the generality of the foregoing, Layoff, Bumping these items shall include any and Recall. 29.04 In the event that an employee is placed on leave under the provisions of this Article, he/she will not accrue seniority during all deductions for contributions to any period when he/she would normally be laid off. 29.05 The Employer determines whether its employees will be covered directly by the Workers' Compensation Commission or indirectly through a "self-insured" arrangement. Benefits under either arrangement are to be in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. 29.06 It is agreed and understood by the parties to this Collective Agreement that an employee who is approved for full extended earnings loss (EEL) benefits from the Workplace, Health, Safety and Compensation Commission, after the date of signing of this agreement, shall no longer accumulate benefits under this agreement but shall have his/her position with the employer protected for two (2) calendar years following the date of such approval, immediately following which his/her employment shall be terminated, subject to the Human Rights Act.City Pension Plan; Employment

Appears in 1 contract

Samples: Collective Agreement

INJURY ON DUTY. The Director, Park Safety and Security, in consultation with the MPRB Human Resources Department, shall grant an employee an Injury on Duty (IOD) leave of absence with pay for a physical disability incurred in the performance of law enforcement duty for a period of up to one hundred eighty (180) calendar days in accordance with the length of the disability. Disability incurred in the performance of duties peculiar to law enforcement will apply only to leave necessitated as a direct and approximate result of an actual injury or illness whether or not considered compensable under the Minnesota Workers’ Compensation law. Disability resulting from each new injury or illness incurred in the performance of law enforcement duty, or a recurrent disability resulting directly from a previous injury or illness sustained in the performance of law enforcement duty, will be compensable pursuant to, and where otherwise not in conflict with, the provisions of this section. Such leave will not apply to disabilities incurred as the direct result of substantial and wanton negligence, intoxication, impairment, or misconduct of the disabled employee. The following conditions shall apply to IOD leave: (a) All When employees exhaust the one hundred eighty (180) days as provided in this section but remain disabled, they will be required to then expend their regular earned sick leave, compensatory time, and vacation leave in order to obtain compensation during the period of continuing leave of absence resulting from the disability. When the employee has exhausted his/her sick leave, compensatory time, and vacation and still is disabled, the Director, Park Safety and Security may grant the employee additional disability leave in an amount up to ninety (90) working days. A request to extend leave must be in writing and must contain medical documentation that the employee is currently medically unable to perform the duties as a police officer, and is expected to return to the full performance of his/her duties at the expiration of such extended leave. The failure to provide the required medical documentation shall result in the denial of leave. To be eligible for such additional leave, the MPRB’s health care provider must certify that the employee will be able to return to the full performance of his/her duties at the expiration of such leave. Employees who at the expiration of their medical leave are unable to perform law enforcement duties shall be covered by The Workplace, Health, Safety placed on medical layoff after expiration of all accrued benefits such as sick and Compensation Commission Act, RSNL 1990 Chapter W-11vacation leave. (b) An When an employee who is unable returns to perform work following his/her use of earned sick leave or vacation or during the employee’s duties because of a personal injury received in the performance of the employee’s duties shall report the matter to the employee’s Supervisor and submit an account of the accident using the prescribed form period which they are on extended leave as soon as possible. An employee’s claim provided above, regular earned sick leave will not be delayed where the prescribed form is not immediately provided restored to the employee through as follows: Sick Leave Days at the Supervisor. (c) An employee who is unable to perform the employee’s duties because Time of a personal injury received in the performance Exhaustion of the employee’s duties shall be immediately placed on Injury on Duty Leave and receive compensation in accordance with the provisions of Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. If the claim is subsequently denied by the Workers’ Compensation Commission, the employee may access other available benefits including sick leave and annual leave. Original 180 Days Restored Days (a) In the event that the employee dies as a result of an injury received in the performance of the employee’s duties, the employee’s estate shall receive all death benefits owing to the employee in accordance with the provisions of the Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11, in addition to any benefits the employee would be eligible for under the Public Service Pensions Act. (b) In the event that an employee becomes permanently disabled or incurs a recurring disability as a result of an injury received during the performance of the employee’s duties the employee will receive benefits in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. (a) An employee confirmed as being unable to perform the regular duties of his/her classification as a result of injury on duty will be employed in other work he/she can do provided a suitable vacancy is available and provided that the employee is qualified and able to perform the duties required. Where a suitable vacancy is available the rate for the new position shall apply. (b) Where a suitable vacancy is not available, the incapacitated employee retains the right to displace a less senior employee in another classification who occupies a position which the incapacitated employee is qualified and able to fill. Where an incapacitated employee advises the permanent head in writing of his/her intention to exercise his/her right to displace a less senior employee, the incapacitated employee will be deemed to have been given notice of layoff effective from the date he/she was confirmed as being unable to perform the regular duties of his/her classification. Accordingly, the right to displace a less senior employee in another classification shall be exercised as per the provisions of Article 35, Layoff, Bumping and Recall. 29.04 In the event that an employee is placed on leave under the provisions of this Article, he/she will not accrue seniority during any period when he/she would normally be laid off. 29.05 The Employer determines whether its employees will be covered directly by the Workers' Compensation Commission or indirectly through a "self-insured" arrangement. Benefits under either arrangement are to be in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. 29.06 It is agreed and understood by the parties to this Collective Agreement that an employee who is approved for full extended earnings loss (EEL) benefits from the Workplace, Health, Safety and Compensation Commission, after the date of signing of this agreement, shall no longer accumulate benefits under this agreement but shall have his/her position with the employer protected for two (2) calendar years following the date of such approval, immediately following which his/her employment shall be terminated, subject to the Human Rights Act.Maximum)

Appears in 1 contract

Samples: Labor Agreement

INJURY ON DUTY. (a) 22.01 All employees shall be covered by The Workplace, Health, Safety and the Workers' Compensation Commission Act. An employee prevented from performing the employee's regular duties with the College as a result of an accident that is covered by the Workers' Compensation Act, RSNL 1990 Chapter W-11shall receive a leave of absence under Article 16.02 (c) for the period the employee receives Workers' Compensation benefits. 22.02 This leave of absence shall continue for a period of nine (b9) An months but may be extended to twelve (12) months if medical opinion advises that the employee who is unable should be able to perform return to work within the employee’s duties because additional three (3) month period. 22.03 During the leave of a personal injury received in absence provided under this Article, the performance College shall pay the full cost of the employee’s duties shall report 's premiums for compulsory insurance outlined in Article 21. 02 a) plus the matter employee's premiums for group medical and dental insurances, providing the employee was enrolled in these plans prior to the employee’s Supervisor and submit 's injury on duty. The College shall also make the employee's pension contribution if necessary for eligible employees during this leave of absence, on the basis as if the employee had been at work. 22.04 Notwithstanding Article 22.01, in the event that the salary of an account employee, at the time of a claim under the Workers' Compensation Act, exceeds the maximum annual earnings established by regulation, the College shall during injury on duty leave continue to pay the employee an amount equal to eighty-five percent (85%) of net income on a bi-weekly basis on that portion of salary which is in excess of the accident using maximum earnings recognized by the prescribed form Workers' Compensation Board. The calculation of net pay entitlement shall be made in the same manner as soon as possible. An employee’s claim will not be delayed where the prescribed form is not immediately provided calculation made by the Workers' Compensation Board up to the employee through the Supervisormaximum annual earnings. (c) An 22.05 Pending the initial decision of a Workers' Compensation Claim, an employee who shall continue on payroll and shall be paid at the level which is unable equivalent to perform the employee’s duties because of a personal injury received in 's entitlement under the performance Workers' Compensation Act. When the claim is approved, the employee agrees to repay the amount equivalent to the amount paid by the College pending the approval of the employee’s duties shall be immediately placed on Injury on Duty Leave and receive compensation in accordance with the provisions of Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11claim. If the claim is subsequently denied by not approved, the employee will be entitled to use sick leave. 22.06 An employee, who is injured during working hours and is required to leave for treatment or is sent home as a result of such injury, shall receive payment for the remainder of the day or shift without deduction from sick leave, if the College is provided with a doctor's certificate confirming that the employee is not fit to return to work. 22.07 Notwithstanding Article 16.08, an employee who is on injury on duty leave shall continue to earn and accumulate sick leave and vacation leave credits. 22.08 An employee who has filed a claim under the Workers’ Compensation Commission, the employee may access other available benefits including Act shall be eligible to apply for sick leave and annual leave. during any required benefit waiting period, such sick leave to be compensated at the rate of eighty- five percent (a85%) of net income. In the event that the employee dies as a result of an injury received in receives compensation from the performance of Workers’ Compensation Board for the employee’s dutiesbenefit waiting period, the employee’s estate employee shall receive all death benefits owing to repay the employee in accordance with College for the provisions of the Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11, in addition to any benefits the employee would be eligible for under the Public Service Pensions Act. (b) In the event that an employee becomes permanently disabled or incurs a recurring disability as a result of an injury received compensation paid during the performance of the employee’s duties the employee will receive benefits in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11benefit waiting period. (a) An employee confirmed as being unable to perform the regular duties of his/her classification as a result of injury on duty will be employed in other work he/she can do provided a suitable vacancy is available and provided that the employee is qualified and able to perform the duties required. Where a suitable vacancy is available the rate for the new position shall apply. (b) Where a suitable vacancy is not available, the incapacitated employee retains the right to displace a less senior employee in another classification who occupies a position which the incapacitated employee is qualified and able to fill. Where an incapacitated employee advises the permanent head in writing of his/her intention to exercise his/her right to displace a less senior employee, the incapacitated employee will be deemed to have been given notice of layoff effective from the date he/she was confirmed as being unable to perform the regular duties of his/her classification. Accordingly, the right to displace a less senior employee in another classification shall be exercised as per the provisions of Article 35, Layoff, Bumping and Recall. 29.04 In the event that an employee is placed on leave under the provisions of this Article, he/she will not accrue seniority during any period when he/she would normally be laid off. 29.05 The Employer determines whether its employees will be covered directly by the Workers' Compensation Commission or indirectly through a "self-insured" arrangement. Benefits under either arrangement are to be in accordance with the provisions of The Workplace, Health, Safety and Compensation Commission Act, RSNL 1990 Chapter W-11. 29.06 It is agreed and understood by the parties to this Collective Agreement that an employee who is approved for full extended earnings loss (EEL) benefits from the Workplace, Health, Safety and Compensation Commission, after the date of signing of this agreement, shall no longer accumulate benefits under this agreement but shall have his/her position with the employer protected for two (2) calendar years following the date of such approval, immediately following which his/her employment shall be terminated, subject to the Human Rights Act.

Appears in 1 contract

Samples: Collective Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!