Common use of Sick Leave Recovery Clause in Contracts

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 WorkSafeBC 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. (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 WorkSafeBC 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. (a) A member An employee who commences an action or makes a claim against a third party for damages relating to an injury or illness for which the member employee was paid sick leave benefits, shall include in the employee's 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 courts, the member employee or a the employee’s 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 employee shall first obtain the approval of the Chief ConstableCorporation, 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 employee shall reimburse the Board Corporation to the extent such wage loss is recovered from the third party less those legal fees certified by the memberemployee's legal counsel as being attributable to proving the wage loss claim. (ii) Where wage loss is reimbursed to a member an employee by an insuring agency such as I.C.B.C. or WorkSafeBC then the member employee shall similarly pay to the Board Corporation the amount of the wage loss so received. (iii) Upon being reimbursed pursuant to this ArticleSection, the Board Corporation shall reinstate the memberemployee's sick leave with the number of sick days equivalent thereto and any resultant gratuity days to which the member employee may be entitled, without regard to the legal fees deducted pursuant to (d)(i)i) above. (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.