Common use of LEAVE FOR INJURY ON DUTY Clause in Contracts

LEAVE FOR INJURY ON DUTY. 26.01 When injured in the performance of the teacher’s duties, which duties have been approved by an Education Entity or its representative, the teacher, on application to the Education Entity, shall be placed on leave with full salary until the teacher is medically certified able to continue teaching. (i) A teacher will notify the teacher’s immediate supervisor immediately following an incident resulting in any injury incurred in the performance of the teacher’s duties. An incident shall be reported no later than fourteen (14) calendar days following the incident, unless a teacher is incapacitated due to the injury. (ii) In the case of an injury that occurs over a period of time the date of the incident for reporting purposes shall be deemed to be the earlier of: (a) The date the teacher has lost time from work as a result of the injury; or (b) The date the teacher sought medical attention for symptoms related to the injury and a link is documented between the symptoms and an incident(s) in the workplace. 26.02 Such leave shall not exceed two (2) years from date of the injury. If the teacher is still unable to resume the teaching duties which had been assigned the teacher shall be entitled to use the teacher’s sick leave. 26.03 The salary paid as per 26.01, shall be reduced, during the two (2) year period as per 26.02 by the amounts paid the teacher under any disability or liability insurance settlements, towards which the Education Entity contributes premium. 26.04 Engagement in other remunerative employment while on leave with pay pursuant to 26.01, without written Education Entity approval, will disqualify the teacher from further salary benefits under the terms of this Article. (i) For the purposes of this Article, the Education Entity may require the teacher to be examined by a medical practitioner agreeable to the Union and the Education Entity. Said medical practitioner may request a functional capacity evaluation by a qualified health provider or other appropriate evaluation tool to assess the teacher’s fitness to return to work. Correspondence or communication relating to the request shall be copied to the teacher at the time of the request. (ii) The cost of such examination shall be borne by the Education Entity. 26.06 Notwithstanding 26.02, should an injured teacher return to work within the two (2) years as provided in 26.02, the unused portion of this leave shall be credited to the teacher to be used by the teacher in case of any disability resulting from the original injury. Such use shall be subject to medical evidence. 26.07 Where a physician prescribes, as a result of an injury under 26.01, any health care service, product or device, and where such services are shown to be medically appropriate for the injury claimed, reimbursement may be authorized for the costs of such health care service, product or device beyond that provided for with Total Care for a period not to exceed three (3) years from the date of injury. The Employer will provide such reimbursement when authorized pursuant to the following: (i) A committee composed of the Executive Director of the Union, or designate, and the Director, Education Sector Labour Relations of the Department of Education and Early Childhood Development, or designate. (ii) Where the committee cannot agree on reimbursement, the Union may refer the claim to an adjudicator who shall be appointed by the committee on an annual basis. (iii) The adjudicator shall not reach any decision inconsistent with the terms of this collective agreement nor alter, amend or modify any provisions of the Professional Agreement. (iv) The adjudicator will be chosen by the parties. If agreement is not possible the parties will request the Minister responsible for Labour to appoint an adjudicator. The parties agree that the intent of this article is not to circumvent the public healthcare system. This does not preclude the committee from agreeing to private medical services where reasonably and medically appropriate. 26.08 Upon receipt of compensation or benefits from any source (other than a disability or insurance policy toward which the teacher alone contributes premiums or CPP Disability Pension) in relation to articles 26.01, 26.02, 26.05, 26.06, or 26.07, the teacher shall immediately pay to the Education Entity the amount of such compensation or benefits, up to the amount received by the teacher under those articles or paid by the Education Entity to any other party. 26.09 The parties acknowledge that it is in the best interest of all to collaborate towards facilitating a safe and timely return to teaching based on medical restrictions and limitations.

LEAVE FOR INJURY ON DUTY. 26.01 When injured in the performance of the teacher’s duties, which duties have been approved by an Education Entity the Board or its representative, the teacher, on application to the Education EntityBoard, shall be placed on leave with full salary until the teacher is medically certified able to continue teaching. (i) A teacher will notify the teacher’s immediate supervisor immediately following an incident resulting in any injury incurred in the performance of the teacher’s duties. An incident shall be reported no later than fourteen (14) calendar days following the incident, unless a teacher is incapacitated due to the injury. (ii) In the case of an injury that occurs over a period of time the date of the incident for reporting purposes shall be deemed to be the earlier of: (a) The date the teacher has lost time from work as a result of the injury; or (b) The date the teacher sought medical attention for symptoms related to the injury and a link is documented between the symptoms and an incident(s) in the workplace. 26.02 Such leave shall not exceed two (2) years from date of the injury. If the teacher is still unable to resume the teaching duties duties, which had been assigned assigned, the teacher shall be entitled to use the teacher’s sick leave. 26.03 The salary paid as per Article 26.01, shall be reduced, during the two (2) year period as per Article 26.02 by the amounts paid the teacher under any disability or liability insurance settlements, towards which the Education Entity Board contributes premium. 26.04 Engagement in other remunerative employment while on leave with pay pursuant to Article 26.01, without written Education Entity Board approval, will disqualify the teacher from further salary benefits under the terms of this Article. (ia) For the purposes of this Article, the Education Entity Board may require the teacher to be examined by a medical practitioner agreeable to the Union and the Education Entity. Said medical practitioner may request a functional capacity evaluation by a qualified health provider or other appropriate evaluation tool to assess the teacher’s fitness to return to workphysician and a physician appointed by the Board. Correspondence or communication relating to the request shall be copied to the teacher at the time of the request. (iib) The cost of such examination shall be borne by the Education EntityBoard. 26.06 Notwithstanding Article 26.02, should an injured teacher return to work within the two (2) years as provided in Article 26.02, the unused portion of this leave shall be credited to the teacher to be used by the teacher in case of any disability resulting from the original injury. Such use shall be subject to medical evidence. 26.07 Where a physician prescribes, as a result of an injury under 26.01, any health care service, product or device, and where such services are shown to be medically appropriate for the injury claimed, reimbursement may be authorized for the costs of such health care service, product or device beyond that provided for with Total Care for a period not to exceed three (3) years from the date of injuryCare. The Employer will provide such reimbursement when authorized pursuant to the following: (i) A committee composed Committee established under Article 26.07 of the Executive Director of the Union, or designate, and the Director, Education Sector Labour Relations of the Department of Education and Early Childhood Development, or designate. (ii) Where the committee cannot agree on reimbursement, the Union may refer the claim to an adjudicator who shall be appointed by the committee on an annual basis. (iii) The adjudicator shall not reach any decision inconsistent with the terms of this collective agreement nor alter, amend or modify any provisions of the Professional Teachers’ Provincial Agreement. (iv) The adjudicator will be chosen by the parties. If agreement is not possible the parties will request the Minister responsible for Labour to appoint an adjudicator. The parties agree that the intent of this article is not to circumvent the public healthcare system. This does not preclude the committee from agreeing to private medical services where reasonably and medically appropriate. 26.08 Upon receipt of compensation or benefits from any source (other than a disability or insurance policy toward which the teacher alone contributes premiums or CPP Disability Pension) in relation to articles 26.01, 26.02, 26.05, 26.06, or 26.07, the teacher shall immediately pay to the Education Entity the amount of such compensation or benefits, up to the amount received by the teacher under those articles or paid by the Education Entity to any other party. 26.09 The parties acknowledge that it is in the best interest of all to collaborate towards facilitating a safe and timely return to teaching based on medical restrictions and limitations.

LEAVE FOR INJURY ON DUTY. 26.01 When injured in the performance of the teacher’s 's duties, which duties have been approved by an Education Entity the Board or its representative, the teacher, on application to the Education EntityBoard, shall be placed on leave with full salary until the teacher is medically certified able to continue teaching. (i) A teacher will notify the teacher’s immediate supervisor immediately following an incident resulting in any injury incurred in the performance of the teacher’s duties. An incident shall be reported no later than fourteen (14) calendar days following the incident, unless a teacher is incapacitated due to the injury. (ii) In the case of an injury that occurs over a period of time the date of the incident for reporting purposes shall be deemed to be the earlier of: (a) The date the teacher has lost time from work as a result of the injury; or (b) The date the teacher sought medical attention for symptoms related to the injury and a link is documented between the symptoms and an incident(s) in the workplace. 26.02 Such leave shall not exceed two (2) years from date of the injury. If the teacher is still unable to resume the teaching duties duties, which had been assigned assigned, the teacher shall be entitled to use the teacher’s 's sick leave. 26.03 The salary paid as per Article 26.01, shall be reduced, during the two (2) year period as per Article 26.02 by the amounts paid the teacher under any disability or liability insurance settlements, towards which the Education Entity Board contributes premium. 26.04 Engagement in other remunerative employment while on leave with pay pursuant to Article 26.01, without written Education Entity Board approval, will disqualify the teacher from further salary benefits under the terms of this Article. (ia) For the purposes of this Article, the Education Entity Board may require the teacher to be examined by a medical practitioner agreeable to the Union teacher's physician and a physician appointed by the Education Entity. Said medical practitioner may request a functional capacity evaluation by a qualified health provider or other appropriate evaluation tool to assess the teacher’s fitness to return to workBoard. Correspondence or communication relating to the request shall be copied to the teacher at the time of the request. (iib) The cost of such examination shall be borne by the Education EntityBoard. 26.06 Notwithstanding Article 26.02, should an injured teacher return to work within the two (2) years as provided in Article 26.02, the unused portion of this leave shall be credited to the teacher to be used by the teacher in case of any disability resulting from the original injury. Such use shall be subject to medical evidence. 26.07 Where a physician prescribes, as a result of an injury under 26.01, any health care service, product or device, and where such services are shown to be medically appropriate for the injury claimed, reimbursement may be authorized for the costs of such health care service, product or device beyond that provided for with Total Care for a period not to exceed three (3) years from the date of injuryCare. The Employer will provide such reimbursement when authorized pursuant to the following: (i) A committee composed Committee established under Article 26.07 of the Executive Director of the Union, or designate, and the Director, Education Sector Labour Relations of the Department of Education and Early Childhood Development, or designate. (ii) Where the committee cannot agree on reimbursement, the Union may refer the claim to an adjudicator who shall be appointed by the committee on an annual basis. (iii) The adjudicator shall not reach any decision inconsistent with the terms of this collective agreement nor alter, amend or modify any provisions of the Professional Teachers’ Provincial Agreement. (iv) The adjudicator will be chosen by the parties. If agreement is not possible the parties will request the Minister responsible for Labour to appoint an adjudicator. The parties agree that the intent of this article is not to circumvent the public healthcare system. This does not preclude the committee from agreeing to private medical services where reasonably and medically appropriate. 26.08 Upon receipt of compensation or benefits from any source (other than a disability or insurance policy toward which the teacher alone contributes premiums or CPP Disability Pension) in relation to articles 26.01, 26.02, 26.05, 26.06, or 26.07, the teacher shall immediately pay to the Education Entity the amount of such compensation or benefits, up to the amount received by the teacher under those articles or paid by the Education Entity to any other party. 26.09 The parties acknowledge that it is in the best interest of all to collaborate towards facilitating a safe and timely return to teaching based on medical restrictions and limitations.