Pay While Awaiting WSIB Ruling. An employee who is injured on duty and who is unable to work as a result of such injury, shall, provided he/she has passed his/her probationary period, be paid an amount equal to his/her full net pay while the employee is off work which will be deducted from the employee’s sick leave credits, until such time as a ruling has been made by the Workplace Safety Insurance Board upon the employee’s claim including all appeals resulting from the claim. Such payment shall continue until “100% day” sick leave credits are exhausted, at which time the employee will have the option to have unused vacation and/or lieu time deducted; or to use their accumulated sick leave bank; or to take an unpaid leave of absence. “Net pay” is straight time regular wages, less legally required deductions. If a Workplace Safety Insurance Board claim is subsequently approved, payment will continue from the “100% day” sick leave credits, and the Employer will apply the employee’s entitlement from the Workplace Safety Insurance Board to the employee’s “100% day” sick leave credits to replenish those credits on a pro-rata basis. Such payment shall continue until “100% day” sick leave credits are exhausted, at which time the employee will have the option to have unused vacation and/or lieu time and/or accumulated sick leave bank time deducted and replenished on the same pro-rata basis as sick leave credits. Where sick leave credits and/or, where the employee has opted to use vacation, lieu time and/or accumulated sick leave bank time, and these sources are depleted, the employee will receive his/her benefit directly from the Workplace Safety Insurance Board.
Pay While Awaiting WSIB Ruling. Any full-time nurse who is injured as a direct result of her employment and who is unable to work as a result of such injury shall, provided she/he has completed his/her probationary period, be paid an amount equal to one hundred percent (100%) of his/her full gross pay while the nurse is off work. These payments will continue for a period of one (1) full year or until such time as a ruling has been made by the Workplace Safety and Insurance Board which denies the nurse’s claim. If at any time the claim is denied by the WSIB then all lost time incurred in the claim will revert to sick time. If the nurse is not eligible for sick time, then repayment may be required. At no time shall a nurse receive remuneration from both the Region’s sick leave plan and the WSIB. Subsequent to the year mentioned above, if the nurse’s claim is approved by the WSIB and the WSIB decrees that the nurse is still not able to attend work then further payment will be as per WSIB Statute.
