Sick Leave Recovery. An employee may use sick leave entitlements for time lost through accidental injuries, other than WCB claims. Should an employee who is in receipt of paid sick leave benefits as a result of accidental injuries be successful in a claim for damages against a third party as a result of accidental injuries, and should that settlement include monies for lost wages, the Employer is to be reimbursed the full amount of all sick leave benefits if not more than those received as a result of the absence from work. Upon receipt of such monies the Employer will credit the employee with the number of sick days equivalent thereto.
Sick Leave Recovery. An employee who has received sick leave benefits for injuries caused by a third party shall be obliged, in the event such employee undertakes an action for recovery of damages against the third party, to seek recovery of the total cost of wages and benefits paid to the employee while on sick leave. The employee shall be obliged to reimburse the Employer to the extent that the employee succeeded in recovering such wages and benefits and the Employer shall reimburse the employee’s sick leave bank the number of sick days used by the employee in proportion to the total amount of money recovered. This provision includes claims made to ICBC.
Sick Leave Recovery. The Employer is subrogated to the rights of an employee who has received sick leave payments pursuant to Section 9.3 of this Collective Agreement, against any third party liable to that employee for damages, and may bring an action against a third party in the employee's name to recover the wages and/or benefits paid or payable by the Employer. The employee shall not enter any agreement for payment of legal fees relating to the wage or benefit portion of a claim for damages without the prior written consent of the Chief Constable or designate. Where a claim for damages is made to the courts, the employee or his or her representative shall request the presiding judge, or judge and jury, to specify the amount of any award plus interest which is attributable to recovery of wages and benefits. Upon reimbursement of the wages and/or benefits, the Employer shall reimburse the Sick Leave Plan the amount of money paid out of the Plan in proportion to the total amount of money the employee reimburses the Employer for wage loss and/or benefits. This provision includes actions or claims made to ICBC.
Sick Leave Recovery. Where an employee is paid wages by the Employer while absent from employment by reason of any disability other than one for which there is entitlement to receive WorkSafeBC benefits, and the employee subsequently recovers such wages or any part thereof from any source, then the employee shall pay the amount so recovered to the Employer. Upon the Employer receiving such amount it shall credit the employee paying the same with the number of days of sick leave proportionate to the amount so recovered, and in addition thereto the number of days which the employee would have earned under the Gratuity Plan during the period of the disability but for such disability.
Sick Leave Recovery. (a) A member who commences an action or makes a claim against a third party for damages relating to an injury or illness for which the member was paid sick leave benefits, shall include in the claim a claim for wage loss equal to the sick leave benefits so paid or projected to be paid.
(b) Where such claim is made to the courts the member or a representative shall request the presiding judge, or judge and jury, to specify the amount of any award which is attributable to the wage loss claim.
(c) Where a voluntary settlement with the third party is contemplated for an amount which is less than the full sick leave benefits paid, the member shall first obtain the approval of the Chief Constable, which approval shall not be unreasonably withheld. Such voluntary settlement shall specify the amount of the settlement which is attributable to the wage loss claim.
(i) The member shall reimburse the Board to the extent such wage loss is recovered from the third party less those legal fees certified by the member's legal counsel as being attributable to proving the wage loss claim.
(ii) Where wage loss is reimbursed to a member by an insuring agency such as I.C.B.C. or W.C.B. then the member shall similarly pay to the Board the amount of the wage loss so received.
(iii) Upon being reimbursed pursuant to this Article, the Board shall reinstate the member's sick leave with the number of sick days equivalent thereto and any resultant gratuity days to which the member may be entitled, without regard to the legal fees deducted pursuant to (d)(i).
(e) Failure to comply with this Article shall result in a member being obligated to pay back to the Board the full amount of the sick leave benefits paid in respect of the injury or illness.
Sick Leave Recovery. (i) The Board is subrogated to the rights of a Member who has received Sick Leave payments pursuant to Section 12.5(a)(ii) of this Agreement, against any third party liable to that Member for damages, and may bring an action against the third party in the Member's name to recover the wages and/or benefits paid by the Board to the Member. The Member shall not enter any agreement for payment of legal fees relating to the wages or benefit portion of a claim for damages without the prior written consent of the Inspector In Charge of Administration Division. Upon receipt of the amount of any award, the Member shall reimburse the sick leave plan the amount of money paid out of the sick leave plan plus any interest accrued. This provision includes actions and/or claims made against ICBC.
(ii) A Member who commences an action or makes a claim against a third party for damages relating to an injury or illness for which the Member was paid Sick Leave benefits, shall include in their claim, a claim for wage loss plus interest equal to the Sick Leave benefits so paid or projected to be paid.
(iii) Where such claim is made to the Courts the Member or his/her representative shall request the presiding judge, or judge and jury, to specify the amount of any award which is attributable to the wage loss claim (including benefits) plus interest.
(iv) Where a voluntary settlement with a third party is contemplated for an amount which is less than the full Sick Leave benefits paid to the Member, the Member shall first obtain the approval of the Chief Constable which approval shall not be unreasonably withheld. Such voluntary settlement shall specify the amount of the settlement which is attributable to the wage loss claim.
(v) 1) The Member shall reimburse the Board to the extent such wage loss is recovered from the third party less those legal fees certified by the Member's legal counsel as being attributable to proving the wage loss claim.
Sick Leave Recovery a) An employee may use sick leave credits for time lost through accidental injuries PROVIDED THAT prior to making a claim or commencing an action for damages against a third party in respect of such injuries, he shall notify the Employer of such claim and enable the Employer the opportunity to be represented in all proceedings or settlement discussions relating to the claim. Any such claim shall include a claim for loss of wages including pre- and post- judgement interest, and to the extent that recovery is made, such amount will be reimbursed to the Employer. The Employer will reimburse the employee, fifty percent (50%) of the cost of the legal fees certified by the employee’s legal counsel as being attributed to proving the wage/benefit loss claim.
b) An employee who fails to notify the Employer in accordance with Article 8.9(a) shall be required to reimburse the Employer in the amount of the wage loss benefit (i.e. sick leave credits), regardless of whether or not he received any monies in settlement of his claim.
c) Once the Employer has been reimbursed for wage loss benefits under this Article 8.9, it shall credit the employee with the number of sick days equivalent thereto and any resultant gratuity days to which he may be entitled.
Sick Leave Recovery. 21 9.6 Dental Services Plan ............................................................................................. 21 9.7 Benefit Plan Administration ................................................................................. 22 9.8 Complaints Against Employees ............................................................................ 22 9.9 Indemnification of Employees.............................................................................. 22 9.10 Dependants' Compensation ................................................................................. 25 9.11 Total Permanent Disability Compensation .......................................................... 25 9.12 Training Course Transportation............................................................................ 25 9.13 Bereavement Leave.............................................................................................. 25 9.14 Maternity and Parental Leave .............................................................................. 25 9.15 Same Sex Benefit Coverage.................................................................................. 28
Sick Leave Recovery. The Employer is subrogated to the rights of a member who has received sick leave payments pursuant to Section 8.6 of this Collective Agreement, against any third party liable to that member for damages, and may bring an action against a third party in the member's name to recover the wages and/or benefits paid or payable by the Employer. The member shall not enter any agreement for payment of legal fees relating to the wage or benefit portion of a claim for damages without the prior written consent of the Deputy Chief Constable - Human Resources or a designate. Where a claim for damages is made to the courts, the member or his or her representative shall request the presiding judge, or judge and jury, to specify the amount of any award plus interest which is attributable to recovery of wages and benefits. Upon reimbursement of the wages and/or benefits, the Employer shall reimburse the Sick Leave Plan the amount of money paid out of the Plan in proportion to the total amount of money the member reimburses the Employer for wage loss and/or benefits. This provision includes actions or claims made to ICBC.
Sick Leave Recovery. (a) Where an employee is paid wages by the Employer while absent from employment by reason of any disability, other than one for which there is entitlement to receive Worker’s Compensation benefits, and for which a third party may be responsible;
(1) As a condition of benefit entitlement, an employee must sign a reimbursement agreement with the Employer consistent with the Collective Agreement and this clause within twenty-one (21) calendar days from the date the request is received by the employee.
(2) The employee must immediately advise the third party of the City's subrogation rights and provide a copy of this clause to the third party.
(3) The employee must submit, as part of any claim, a request for a sum in respect of all lost wages.
(4) If the employee's claim in respect of lost wages is successful through a negotiated settlement or court award, the employee shall be obliged to reimburse the City the amount received for lost wages from the third-party or the actual sick leave benefit received, whichever is lesser.
(b) Upon reimbursement to the Employer of the monies obliged under sub-clause 10.6A(4)(a) above, the Employer shall credit the employee with the number of days of sick leave proportionate to the amount so recovered, and in addition thereto the number of days which the employee would have earned under the Gratuity Plan during the period of the disability but for such disability.
