Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability. (b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary. (i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance. (ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above. (d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 5 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Workers’ Compensation. (a) Where an If a nurse is absent from work as the result of a compensable injury for which the employee suffers from is granted benefits by the Workplace Safety and Insurance Board for a disease period of temporary total disability, the Corporation agrees to pay, in addition to the amount of compensation awarded by the Board, the difference between the amount of the nurse's net regular salary or illness or incurs wages and the amount of the benefits for the period of temporary total disability for the first twenty-six (26) weeks of such disability. Such payments shall be subject to the following conditions:
1) The Workplace Safety and Insurance Board shall have determined that the employee has sustained personal injury (by accident arising out of and in the course of her employment with the Corporation.
2) The employee must have formally elected to take compensation in cases where any third party is involved.
3) Such payments shall not extend to cases of permanent total disability, in which diseasecases the benefits granted by the Workplace Safety and Insurance Board shall be final, illness or injury nor shall they extend to cases where the employment is hereinafter called terminated before the "period of temporary total disability has expired. In the event such absence continues beyond the said twenty-six week period, she will receive the amount awarded by the Workplace Safety and Insurance Board for the disability".
b) and is entitled Effective January 1, 1992, provided the Corporation continues to pay compensation therefor as a Schedule 2 Employer under the Workers' Compensation Act, where an employee is absent as a result of an injury allegedly sustained at work, and the employee shall not be entitled has made application for compensation and has elected to use sick leave for time lost by reason of any such disability.
(b) An employeetake compensation, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign Corporation will make advances at the employee's WorkSafeBC cheque normal rate of pay up to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” total amount equivalent to the employee, provided ’s sick leave credits. If the claim has not been approved by the Workplace Safety and Insurance Board at the exhaustion of the employee’s sick leave credits and the employee is eligible for benefits under continues to be absent, no further advances will be made by the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absenceCorporation. Where the employee has no accumulated sick leave credits or where to her credit, her wages will be discontinued until the Long Term Disability Plan does not accept Board renders its decision. If the claim is subsequently approved, the days charged against the employee’s sick leave claimfor such absence will be accordingly credited back to the employee.
(i) Subject to amendment to the Workers' Compensation Act, it is agreed that whenever an employee shall recover from a third party any amount claimed for loss of wages or sick leave, she shall repay to the Corporation forthwith the amount of all monies paid to her by the Corporation, either by way of sick leave or advances of salary or wages, in respect of the period for which such amount is recovered from the third party as aforesaid, provided that the amount to be repaid to the Corporation shall not exceed the amount recovered as aforesaid, and upon such repayment to the Corporation, the employee equivalent amount of any sick leave credit which may have been deducted, shall be entitled restored to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancesuch employee.
(ii) Following Where an employee is absent from work due to the recurrence of a decision compensable injury and for which injury the employee has been awarded a disability pension by WorkSafeBC to accept or disallow an employee’s claimthe Workplace Safety and Insurance Board, the employee Corporation shall be entitled retroactively, subject to meeting deduct and retain the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments prorated amount of such pension from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, benefits otherwise payable to such day or part day shall be paid by the Employeremployee.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury A Regular Full-Time Employee who has completed six (which disease, illness or injury is hereinafter called the "disability"6) months of continuous service and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC WCB temporary disability benefits is accepted by the WorkSafeBCWCB, shall assign the employee's WorkSafeBC cheque all monies received from WCB to the Employer Corporation and the Employer Corporation shall pay the employee's ’s approximate net salary.
salary calculated on the employee’s regular classified rate of pay, subject to paragraph (ic) During a period of delay while WorkSafeBC is processing below. While a claim for WorkSafeBC WCB temporary disability benefitsbenefits is pending, the Employer employee will advance “regular salary” to the employee, provided the employee is be eligible for any available benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow WCB subsequently accepts an employee’s claim, the employee employee’s pay shall be entitled retroactivelyrecalculated retroactive for the period of the WCB claim.
(b) Where the first shift or part shift is not paid by the Workers’ Compensation Board, subject this shift or part shift shall be paid by the Corporation.
(c) Employees receiving Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance employment with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC Corporation shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) abovewage loss directly by WCB.
(d) Where an employee becomes entitled to Workers' Compensation is absent on Long Term Disability and/or WCB in excess of one (1) year, the employee’s annual vacation pay shall be prorated by the period of absence that exceeds one (1) year and payment is the employee shall not made accrue vacation for the first day or part dayperiod of absence that exceeds one (1) year.
(e) Where the WCB ceases paying temporary disability benefits to an employee and the employee is unable to return to work, such day or part day the time absent on WCB shall be paid by integrated with the EmployerSick Leave and Long Term Disability Plans and the employee shall be placed on the appropriate Plan at the point reached when WCB payments ceased.
Appears in 4 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Workers’ Compensation. (a) Where an a. Any employee who suffers from a disease job-related injury or illness will report, as soon as practicable, such injury or incurs personal illness to their immediate supervisor in writing.
b. Any employee who suffers a job-related injury (which disease, or illness or injury is hereinafter called the "disability") and is entitled to compensation therefor qualifies for benefits under the Workers' ’ Compensation ActLaw and because of such injury or illness is medically unable to return to work for more than three consecutive days after the occurrence, the employee shall not may be entitled granted administrative leave with pay for a period up to use sick leave for time lost by reason of any such disability30 duty days.
(b) An employeec. For any lost time that does not qualify under the Workers’ Compensation Law, whose claim leave will be charged accordingly.
d. Any Workers’ Compensation payments made for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, due to said injury or illness during this 30 duty-day period shall assign the employee's WorkSafeBC cheque be endorsed over to the Employer and the Employer shall pay the employee's approximate net salaryBoard.
(i) During e. If a period of delay while WorkSafeBC determination is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided made that the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent Workers’ Compensation, then all sick leave and annual leave up to the net 30 days provided in this provision, used as a result of the job-related injury or illness prior to such determination, shall be restored to the employee.
f. During the time the employee is drawing administrative leave with pay that or Workers’ Compensation benefits, the employee’s leave will not be permanently charged (leave may be initially charged and subsequently reversed).
g. For the purpose of determining weekly Workers’ Compensation benefits, the weekly wage will be based on the employee’s actual work year and per diem rate rather than the SMCPS 12-month pay schedule.
h. If unable to return to work after 30 duty days of approved administrative leave an employee would have received may elect to take sick or annual leave (sick leave must be exhausted first) in place of collecting Workers’ Compensation temporary disability payments.
i. An employee may not draw both a salary from the Board and Workers’ Compensation payments. If the employee receives a payment from Workers’ Compensation for the absence if same time that sick or annual leave was used towards salary, then their payment will be reduced by the absence had been treated as sick leave under amount of the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absenceWorkers’ Compensation payment. Where the The employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall will be entitled to the payment received from Workers’ Compensation.
j. After 30 days of approved administrative leave, employees who receive Workers’ Compensation in lieu of sick or annual leave will not be responsible for their health insurance premium (described in Article VII) for this time period.
k. Before an advance as described aboveemployee can return to work from a work-related injury, provided it is required that the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following have a decision by WorkSafeBC to accept or disallow an employee’s claim, medical release stating when the employee shall is able to return to work and that the employee is able to fulfill the requirements of their position or stating the reasonable accommodations that need to be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) abovemade.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 4 contracts
Samples: Agreement Between the Education Association of St. Mary’s County and the Board of Education of St. Mary’s County, Agreement Between the Education Association of St. Mary’s County and the Board of Education of St. Mary’s County, Collective Bargaining Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor therefore under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Planlong term disability plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan long term disability plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
Workers’ Compensation. (a) Where If an employee suffers qualifies for Worker’s Compensation benefits, and the employee elects to have the Employer supplement the benefits, the following procedures shall apply:
1. The Employer shall pay the employee the employee’s regular rate of pay for the number of days the employee has accumulated as medically related disability leave.
2. The employee shall retain the Worker’s Compensation payments for the time period supplemented with medically-related disability leave. The employer will deduct the amount of the Worker’s Compensation payment from the employee’s district paycheck, leaving the employee at full pay for the said time period.
3. Should the Worker’s Compensation benefits be one-third or less the employee’s regular rate of pay, a disease full day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be more than one-third, but less than two-thirds the regular rate of pay, one-half day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be two-thirds or illness or incurs personal injury (which diseasemore of the regular rate of pay, illness or injury is hereinafter called no accumulated medically related disability leave shall be deducted for each day of absence.
4. The employee shall retain the "disability") Worker’s Compensation payments for periods of time following exhaustion of accumulated medically related disability leave. If an employee qualifies for Worker’s Compensation benefits, and is entitled the employee elects not to compensation therefor under have the Workers' Compensation ActEmployer supplement the benefit, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employeeretain the Worker’s Compensation benefits, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay make no deduction from the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary ’s accumulated medically related disability benefits, leave. The employee shall notify the Employer will advance “regular salary” of his/her option within three days of receipt of the Employer’s notice to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Planelect such option. “Regular salary” is defined Failure to report within such time limit shall be treated as an amount approximately equivalent election not to have the net pay that an employee would have received for Employer supplement the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancebenefits.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 3 contracts
Samples: Comprehensive Agreement, Comprehensive Agreement, Comprehensive Agreement
Workers’ Compensation. A) The provisions of the Worker's Disability Compensation Act of the State of Michigan shall apply in all accidents or injuries to employees in the course of employment.
B) Each full-time employee who is unable to work as a result of an injury arising out of the course of his or her employment shall receive one-hundred percent (a100%) Where an employee suffers from a disease or illness or incurs personal injury for one (which disease, illness or injury is hereinafter called 1) week waiting period required by the "disability") and is entitled to compensation therefor under the Workers' Worker's Disability Compensation Act, the employee which shall not be entitled chargeable to use his or her sick leave; provided, however, that whenever an employee receives Worker's Disability Compensation for the first week of injury, he or she shall pay over equal compensation to the City of Madison Heights.
C) When Worker's Disability Compensation benefits become effective, the employee may supplement such benefits with accrued sick leave allowance or vacation in that order up to the dollar amount of regular compensation received for a thirty-seven and one-half (37 1/2) hour work week where there are credits in the sick leave or vacation account. Sick leave may be used in amounts of less than half-day supplement pay up to thirty-seven and one-half (37 1/2) hours per week.
D) When sick leave allowance or vacation is exhausted, further payments shall then be limited to the amount provided under the provisions of the Worker's Disability Compensation Act.
E) An employee will not suffer loss of pay for time lost spent for doctor visits as a result of job related injury or illness. Such visits will only be allowed after approval by reason of any such disabilitysupervisor, unless scheduled on employee's time.
F) Any employee who sustains a job related injury and has exhausted his or her earned leave time, shall accrue all fringe benefits (bincluding sick and vacation days) not to exceed three (3) months from date of injury or illness, or after having exhausted sick and vacation benefits whichever is latest. Provided, however, that the City shall continue to pay hospitalization insurance premiums through the twelfth month following the injury.
G) An employee, whose claim employee injured on other gainful employment outside of City employment shall not be eligible for WorkSafeBC temporary worker's disability compensation benefits is accepted from the City.
H) In no case shall compensation received by the WorkSafeBC, shall assign employee from all City insurance and City sources exceed the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salaryactual wage.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 3 contracts
Samples: Master Agreement, Master Agreement, Master Agreement
Workers’ Compensation. (a) Where If an employee suffers from qualifies for Worker’s Compensation benefits, and the employee elects to have the Employer supplement the benefits, the following procedures shall apply:
1. The Employer shall pay the employee the employee’s regular rate of pay for the number of days the employee has accumulated as medically related disability leave.
2. The employee shall endorse and assign the Worker’s Compensation payments to the Employer for that period of time.
3. Should the Worker’s Compensation benefits be one-third or less the employee’s regular rate of pay, a disease full day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be more than one-third, but less than two-thirds the regular rate of pay, one-half day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be two-thirds or illness or incurs personal injury (which diseasemore of the regular rate of pay, illness or injury is hereinafter called no accumulated medically related disability leave shall be deducted for each day of absence.
4. The employee shall retain the "disability") Worker’s Compensation payments for periods of time following exhaustion of accumulated medically related disability leave. If an employee qualifies for Worker’s Compensation benefits, and is entitled the employee elects not to compensation therefor under have the Workers' Compensation ActEmployer supplement the benefit, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employeeretain the Worker’s Compensation benefits, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay make no deduction from the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary ’s accumulated medically related disability benefits, leave. The employee shall notify the Employer will advance “regular salary” of his/her option within three days of receipt of the Employer’s notice to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Planelect such option. “Regular salary” is defined Failure to report within such time limit shall be treated as an amount approximately equivalent election not to have the net pay that an employee would have received for Employer supplement the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancebenefits.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 3 contracts
Samples: Comprehensive Agreement, Comprehensive Agreement, Comprehensive Agreement
Workers’ Compensation. (a) Where As soon as possible, a teacher who is absent because of an employee suffers from a injury or disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor compensable under the Michigan Workers' ’ Disability Compensation ActAct shall make a written election of one of the following options at the time he/she becomes eligible for Workers’ Compensation wage benefits, such election can be changed during the period of disability by providing appropriate notification to the District.
1. The teacher may elect to receive the difference between his/her regular salary and the amount received as Workers’ Compensation wage benefits. Such difference in salary shall be computed on a percentage basis, and this same percentage shall be deducted from the teacher’s sick leave accumulation. [Example: If Workers’ Compensation pays 60% of full pay, sick leave will pay only 40% and the sick leave accumulation shall be charged .4 of a day for each day so used.] Under this alternative, the employee teacher’s District-paid contractual fringe benefits shall be maintained so long as accumulated sick leave is being proportionately drawn.
2. The teacher may elect to receive Workers’ Compensation benefits only and shall be granted an unpaid Miscellaneous Leave of Absence under Article 10, Section D, of this Agreement. The application deadlines of Article 10, Section D, shall be waived and any requested extension of the leave shall be granted. District-paid fringe benefits shall not be entitled to use in force during unpaid leave.
3. The teacher may utilize his/her accumulated sick leave for time lost by reason each day absent provided that he/she reimburses the BOARD for the amount of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability Workers’ Compensation wage benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as corresponding pay period. If a teacher elects to utilize sick leave under the Accumulated Sick Leave Planbenefits as described in this subparagraph, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no he/she shall continue to be eligible for District-paid fringe benefits while accumulated sick leave credits or where is being drawn. The District will take the Long Term Disability Plan does not accept the sick leave claim, the employee shall necessary appropriate action to report such disability so that retirement service credit may be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advanceobtained.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Workers’ Compensation. (a) Where A. Any APA/Clerk who is absent because of an employee suffers from a disease or illness or incurs personal injury (which diseaseinjury, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor disease compensable under the Workers' Michigan Worker's Compensation Act will be eligible for benefits as provided under the Act.
1. Once an employee is eligible to receive Worker's Compensation checks, the check will be mailed directly to the employee.
2. The employee will receive a check from Xxxxxx Xxxxx, as long as they have accumulated sick days, for the difference needed to equal the regular pay amount. The employee’s MPSERS contribution will be taken out of that. Xxxx leave would be deducted at a proportional rate until such time as all of the employee's accumulated sick leave has been exhausted. If the employee uses up all their sick days, they will then be responsible for their own MPSERS contributions.
3. If the employee chooses not to use accumulated sick days while on Worker's Compensation, they must notify the district of their intent. If the employee does not use sick days, they will then be responsible for their own MPSERS contribution.
B. Income protection under the Michigan Worker's Compensation Act will not commence until the employee is off duty for seven (7) consecutive calendar days or the number of days required under the Act. Up until that time, sick leave days will be deducted. If an employee is off for fourteen (14) consecutive days or the number of days required under the Act as the result of the alleged injury or sickness, all deducted sick leave days would be deducted at a proportional rate until such time as all of the employee's accumulated sick leave has been exhausted. The accumulated sick days shall be charged only for that portion in excess of the compensation payment.
C. Employees will lose no time or pay and will not be entitled to use charged any sick leave for time lost any required visits or return visits to the employer's medical clinic or employee's treating physician. It is expected that follow-up doctor visits, therapy, etc. will be scheduled after work hours whenever provided by reason of any such disabilitythe clinic or physician.
(b) D. An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick on worker’s compensation leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled considered terminated if s/he cannot return to an advance as described above, provided work after one (1) year from the employee has sufficient annual vacation or other banked credits to repay date of the advanceoriginal leave.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor A. All employees covered under this Agreement are protected under the Workers' Ohio Worker's Compensation ActAct in cases of injury or death incurred in the course of or arising out of their employment.
B. An injury incurred while performing assigned responsibilities shall be reported to the injured employee's supervisor or other designated representative and an application shall be filed with the Bureau of Worker's Compensation. The Administration shall assist any employee in filing a worker's compensation claim. An injured employee shall have the option of applying for worker's compensation or using accrued sick leave. The injured employee shall indicate to the Business Manager prior to the end of the pay period immediately subsequent to the injury, in writing, which option the employee has chosen, except where extenuating circumstances make this impossible. Once the employee has indicated which option, he/she intends to select, the employee shall may not be entitled alter that decision.
C. An employee electing to use Worker's Compensation benefits in lieu of accumulated sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted shall have hospitalization/Major Medical Insurance provided by the WorkSafeBCEmployer, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” at no cost to the employee, provided other than the employee’s normal monthly payment, for a period not to exceed one (1) calendar year. Hospitalization beyond one year may be continued if the employee pays the fully insured equivalent amount (f.i.e.) directly to the Treasurer. These arrangements are the responsibility of the employee and shall be paid on the date given by the Treasurer. Section C shall not be applicable in the event it is prohibited by the district’s insurance carrier.
D. In the event that an employee chooses to apply for Workers' Compensation wage benefits in lieu of using accumulated sick leave days on a fully certified work related injury or illness, the employee is eligible entitled to apply for benefits under and receive a bi-weekly advance from the Accumulated Sick Leave Plan or Board to compensate for loss of income due to the Long Term Disability Plantime lag of issuance of Workers' Compensation wage benefits. “Regular salary” is defined Each bi-weekly advance shall be requested in writing on a form specified by the Board until such time as the employee begins receiving Workers' Compensation wage benefits. The advance will be issued on the same day as payroll checks in an amount approximately equivalent to specified by the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Planemployee, but no more than 65 per cent of ten (10) days' pay, or the Long Term Disability Planmaximum allowed by Workers' Compensation, whichever would is less. The advance will be a no-interest loan to which the employee will agree in writing to repay in full. The advance shall be fully repaid within one month after all wage benefits owed by the Bureau of Workers' Compensation have been applicable during paid. If an employee terminates employment or receives disability retirement through School Employees Retirement System, repayment must be made by the absenceeffective date of termination or retirement. Where If the employee defaults on repayment, the amount owed will be deducted from current earnings if on active pay status with the Board, or, if no longer employed by the Board, legal action will be taken. If the Bureau of Workers' Compensation denies wage benefits to the employee, the same repayment or default conditions would apply.
E. If the employee chooses to apply for Workers' Compensation, there shall be no loss or interruption of sick leave and seniority. For purposes of vacation accumulation, a person who has completed the minimum number of days to qualify for an additional step on the salary schedule shall also be considered to qualify for appropriate accrued vacation for that year; a person who has not met this minimum number of days shall have vacation prorated according to the number of days worked.
F. Any employee summoned by the Workers’ Compensation Board to attend a workers’ compensation hearing for a claim uncontested by the district shall do so without loss of pay or benefits.
G. If a claim contested by the district is found at a later date to be in favor of the employee, the district will reimburse the employee any time lost for attending the Workers’ Compensation Board hearing. In any event, compensation will occur only when the employee has no accumulated sick leave credits been summoned by the Workers’ Compensation Board to attend the hearing, rather than attendance at the hearing by his/her own volition.
H. The Association and Board oppose the illegal use of drugs by any employee and oppose the use of illegal drugs or alcohol which presents a significant risk to safe and effective performance of job responsibilities. The parties agree that it is in the best interest of the Board, Association, and all students that the District be a drug and alcohol-free work place. The Association and Board wholeheartedly support reasonable efforts by the other to obtain and maintain this result.
1. The Association further recognizes the right and duty of the Board to make, publish, and enforce rules and policies to assure this result.
2. The term “drug” includes cannabis, as well as other controlled substances including alcohol as defined in the Ohio Revised Code. The term “illegal drug usage” or “illegal drug abuse” includes the use of cannabis or any controlled substance which has not been legally prescribed and/or dispensed, or the abusive use of alcohol or a legally prescribed drug.
3. Before any reasonable suspicion testing program commences, at least four administrators appointed by the Superintendent and eight members appointed by the OAPSE President shall attend training offered by the Ohio Bureau of Workers’ Compensation in the detection and prevention of abuse of drugs or alcohol paid by the Board.
4. Employees may be tested for abusive illegal drug usage of drugs or alcohol where the Long Term Disability Plan does not accept the sick leave claim, there are reasonable grounds to believe that the employee shall to be entitled tested is abusing illegal drugs. Before an employee may be directed to an advance reasonable grounds testing, a committee composed of at least three appropriately trained administrative personnel will consider the specific, objective facts which raise reasonable concerns regarding illegal drug abuse and will meet with three appropriately trained OAPSE members appointed by the OAPSE President to review and discuss those facts and inferences. Such facts and inferences may be based upon, but are not limited to, any of the followings:
(A) Observable phenomena, such as described abovedirect observation of drug or alcohol use, provided possession or distribution, or the employee has sufficient annual vacation physical symptoms of being under the influence of drugs or other banked credits alcohol, such as but not limited to repay the advanceslurred speech, dilated pupils, odor of alcohol or marijuana, changes in affect, dynamic mood swings, etc.
(iiB) Following a decision by WorkSafeBC A pattern of abnormal conduct, erratic or aberrant behavior, or deteriorating work performance (e.g. frequent absenteeism, excessive tardiness, recurrent accidents) which appears to accept be related to substance or disallow an employee’s claim, the employee shall alcohol abuse and does not appear to be entitled retroactively, subject attributable to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveother factors.
(dC) Where The identification of an employee becomes entitled as a focus of a criminal investigation into unauthorized drug possession, use or trafficking.
(D) Repeated or flagrant violations of the Board’s safety or work rules, which are determined by a supervisor to Workers' Compensation pose a substantial risk of physical injury or property damage and payment is which appear to be related to substance use or substance use that may violate the Board’s drug free workplace policy and do not made for appear attributable to other factors.
5. Any member who may have caused or contributed to an on-the-job accident, as defined below, shall submit to a drug and/or alcohol test. “Accident” means an unplanned, unexpected or unintended event which occurs on Board property, during the first day conduct of the board’s business, or part dayduring working hours, such day or part day shall be paid by which involves Board-supplied motor vehicles or motor vehicles used in conducting the Employer.Board’s business, or within the scope of employment, and which results in any of the following:
Appears in 2 contracts
Samples: Negotiations Agreement, Negotiations Agreement
Workers’ Compensation. An employee who in the line of duty incurs an injury for which he/she qualifies for benefits under the Worker's Compensation Act shall be paid during the period of disability, provided that:
1. All injuries and/or disabilities which are claimed to be job related, no matter how slight, are to be reported immediately to the immediate supervisor. All potential claims against Worker's Compensation should be documented within twenty-four (a24) Where an employee suffers from a disease hours of the occurrence or illness or incurs personal injury (which disease, illness or injury is hereinafter called as soon as practical by completing the "disability") Report of Injury to Employee" form.
2. Verification of disability and is entitled the relationship between the disability and employment may be required. Such verification shall be from medical personnel approved by or satisfactory to compensation therefor under the Workers' Compensation Act, Board.
3. The employee will be paid his/her normal daily wages for the employee shall not time off necessary because of a confirmed job-related injury. This time off will NOT be entitled charged to use the employee's sick leave for time lost the day of the injury or, if needed, the seven (7) work days following. In the event the seven-(7) day waiting period provided by reason of any law changes, the seven-(7) day waiting period will be adjusted accordingly. The need for such disabilityabsence will be based on medical verification from the Board's doctor or a doctor approved by the Assistant Superintendent for Human Resources. If the doctor recommends that the employee work "with restrictions", the supervisor will consult with the employee and the supervisor will make the final determination if the employee will be allowed to work under the conditions stated by the doctor.
(b) An employee, whose claim 4. If the employee is absent from work for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim time that would qualify the employee for WorkSafeBC temporary disability benefits"loss of income" benefits from Worker's Compensation, the Employer wage benefits received by the employee for the first seven (7) days will advance “regular salary” be reimbursed to the Board.
5. Once "loss of income benefits" are available to the employee, provided the Board will pay the employee is eligible the difference between the amount received from Worker's Compensation and the amount of daily base wages normally paid to the employer. The amount paid by the Board will be charged on a prorated basis to the employee's available sick leave. Said sick-leave benefit shall not be paid for benefits under a longer period than the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately period equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where as heretofore determined in this Article. The employee shall not lose earned sick-leave time for that percentage of time compensated under the Long Term Disability Plan does not accept Worker's Compensation insurance plan.
6. Once an accident claim has been filed with the Board, it will be the Board's responsibility to file the claim with the Worker's Compensation insurance carrier if the injury was job related. After the claim is filed with the insurance company, the Board and employee will work with the insurance company concerning all claims, problems, reimbursements, etc.
7. Board paid insurance’s will continue during a Worker's Compensation disability until earned sick leave claimis exhausted, plus 80 calendar days.
8. An employee absent because of a work-related injury will be reemployed in his/her former position if the return to work is authorized by medical personnel approved by the Board and the return is within eighteen (18) months of their initial absence. If the date of return exceeds the eighteen (18) month period, the employee shall will be entitled reemployed to an advance as described above, provided any vacant position for which they are qualified if they are medically recommended for return to work during the next twelve months. The Board will work cooperatively with the Worker's Compensation Company and the employee has sufficient annual vacation or regarding retraining for jobs in other banked credits to repay the advanceclassifications.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 2 contracts
Samples: Extension Agreement, Master Agreement
Workers’ Compensation. (a) Where A. Any APA/Clerk who is absent because of an employee suffers from a disease or illness or incurs personal injury (which diseaseinjury, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor disease compensable under the Workers' Michigan Worker's Compensation Act will be eligible for benefits as provided under the Act.
1. Once an employee is eligible to receive Worker's Compensation checks, the check will be mailed directly to the employee.
2. The employee will receive a check from Xxxxxx Xxxxx, as long as they have accumulated sick days, for the difference needed to equal the regular pay amount. The employee’s MPSERS contribution will be taken out of that. Sick leave would be deducted at a proportional rate until such time as all of the employee's accumulated sick leave has been exhausted. If the employee uses up all their sick days, they will then be responsible for their own MPSERS contributions.
3. If the employee chooses not to use accumulated sick days while on Worker's Compensation, they must notify the district of their intent. If the employee does not use sick days, they will then be responsible for their own MPSERS contribution.
B. Income protection under the Michigan Worker's Compensation Act will not commence until the employee is off duty for seven (7) consecutive calendar days or the number of days required under the Act. Up until that time, sick leave days will be deducted. If an employee is off for fourteen (14) consecutive days or the number of days required under the Act as the result of the alleged injury or sickness, all deducted sick leave days would be deducted at a proportional rate until such time as all of the employee's accumulated sick leave has been exhausted. The accumulated sick days shall be charged only for that portion in excess of the compensation payment.
C. Employees will lose no time or pay and will not be entitled to use charged any sick leave for time lost any required visits or return visits to the employer's medical clinic or employee's treating physician. It is expected that follow-up doctor visits, therapy, etc. will be scheduled after work hours whenever provided by reason of any such disabilitythe clinic or physician.
(b) D. An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick on worker’s compensation leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled considered terminated if s/he cannot return to an advance as described above, provided work after one (1) year from the employee has sufficient annual vacation or other banked credits to repay date of the advanceoriginal leave.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Workers’ Compensation. a) A member of the Association, who is absent from regular duty as a result of an injury or illness deemed compensable by the Workers’ Compensation Board, shall be maintained on the City payroll at a rate of pay equal to his full salary applicable to his classification, net of the amount normally deducted for income tax purposes. Full salary shall take into consideration normal payment for any contractual overtime specified in this Agreement. This amount shall be subject to the regular deductions for Employee Benefits Board contributions, Canada Pension Plan contributions, Employment Insurance contributions, dues, allotments, and other proper deductions that were regularly deducted at the time of the compensable injury/illness, and the said deductions shall be made by the City Payroll System.
b) All benefits, normally afforded the employee, shall remain in effect during such absence, but the employee shall pay his normal contributions for such benefit plans by payroll deduction as set forth in (a) Where an employee suffers from a disease or hereof.
c) Pending the initial determination as to the compensability of the injury/illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under by the Workers' ’ Compensation ActBoard, the member may be eligible to receive interim payment which shall be equal to his full salary net of income tax and other deductions set forth in
(a) hereof. Eligibility may be subject to the provision of medical evidence of disability acceptable to the City. Such medical evidence is to be provided by a certified medical practitioner. The primary source of interim payment shall be the employee’s accumulated sick leave credits, provided the amount of payment does not exceed their value. If the employee’s sick leave credits are exhausted he may utilize other credits which have accrued to him such as vacation and overtime or he may be placed upon medical leave of absence without pay. Other than the above, nothing else in this Article shall be meant to allow the City the right to refuse such credits if the credits are available to the member.
d) If the Workers’ Compensation Board initially determines that the injury/illness is not compensable, the employee shall not be entitled have the right to appeal. During this period the member shall continue to use sick leave the credits available to him as provided for time lost by reason of any such disabilityin (c) hereof.
(be) An employee, whose claim for WorkSafeBC temporary disability benefits When either the initial adjudication and/or appeal is accepted by the WorkSafeBCWorkers’ Compensation Board, shall assign the employee's WorkSafeBC cheque to ’s sick leave records and/or accumulated vacation credits shall be reinstated with the Employer and number of hours for which payment has been authorized by the Employer Board.
f) If the member’s appeal is successful the City shall pay to such member the employee's approximate net salary.
amount due him under (ia) During a hereof for the period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits time such payments were not made under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled hereof until the date of the member’s appeal being granted; and the payments under (a) hereof shall continue thereafter until such time as the Workers’ Compensation Board determines that the member has recovered from such injury/illness.
g) A member of the Department, who is absent from regular duty as a result of a compensable injury/illness, will be allowed to Workers' Compensation accrue and/or utilize his vacation and payment is not made for general holiday entitlements so long as the first day or part day, such day or part day shall be paid by the Employer.member has worked a minimum of twenty
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Workers’ Compensation. (a) Where In the event an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor drawing temporary total disability benefits under the Workers' Indiana Worker’s Compensation Actstatute, he/she shall receive the employee shall not be entitled to use sick leave for time lost by reason of any difference in total amount between such disability.
(b) An employee, whose claim for WorkSafeBC temporary total disability benefits is accepted by the WorkSafeBC, shall assign and the employee's WorkSafeBC cheque to ’s regular straight hourly rate times the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period number of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided hours the employee is eligible regularly scheduled for each day he/she receives such benefits up to a maximum of thirty (30) working days and such amount shall not cause the employee’s regularly accumulated sick leave to be reduced. If the employee continues beyond the aforementioned thirty (30) days to qualify for benefits under the Accumulated Sick Leave Plan or Indiana Worker’s Compensation statute, commencing with the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where thirty-first (31st) day the employee has no may elect to be compensated the difference between Worker’s Compensation and the employee’s regular wage. Payments made by the Board commencing with the thirty-first (31st) day will be charged against the employee’s accumulated sick leave credits or where or, at the Long Term Disability Plan does not accept the employee’s option, paid vacation on a basis of one-third (1/3) sick leave claimday or paid vacation day until the employee’s accumulated sick leave and paid vacation days shall be exhausted. Such sick leave deduction shall be rounded to the nearest half-day upon the return of the employee to work. The employee may elect not to receive sick leave pay from the Board and as a result such time will not be charged against the employee’s accumulated sick leave. After the first thirty (30) day period the Board may request a second doctor’s opinion. Physician required appointments for follow-up care relative to injuries sustained while on the job within the scope of the employee’s responsibilities will be allowed without loss of pay or reduction of sick leave benefits for thirty (30) days after the employee returns to work. After that thirty (30) day period, the employee shall be entitled may use his/her sick leave in full or half-day units for such physician required appointments for follow-up care relative to an advance as described above, provided the work-related injury. The Board may require that the employee has sufficient annual vacation or other banked credits to repay the advanceprovide verification of such physician required appointment for follow-up care.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury A Regular Full‐Time Employee who has completed six (which disease, illness or injury is hereinafter called the "disability"6) months of continuous service and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC WCB temporary disability benefits is accepted by the WorkSafeBCWCB, shall assign the employee's WorkSafeBC cheque all monies received from WCB to the Employer Corporation and the Employer Corporation shall pay the employee's ’s approximate net salary.
salary calculated on the employee’s regular classified rate of pay, subject to paragraph (ic) During a period of delay while WorkSafeBC is processing below. While a claim for WorkSafeBC WCB temporary disability benefitsbenefits is pending, the Employer employee will advance “regular salary” to the employee, provided the employee is be eligible for any available benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow WCB subsequently accepts an employee’s claim, the employee employee’s pay shall be entitled retroactivelyrecalculated retroactive for the period of the WCB claim.
(b) Where the first shift or part shift is not paid by the Workers’ Compensation Board, subject this shift or part shift shall be paid by the Corporation.
(c) Employees receiving Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance employment with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC Corporation shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) abovewage loss directly by WCB.
(d) Where an employee becomes entitled to Workers' Compensation is absent on Long Term Disability and/or WCB in excess of one (1) year, the employee’s annual vacation pay shall be prorated by the period of absence that exceeds one (1) year and payment is the employee shall not made accrue vacation for the first day or part dayperiod of absence that exceeds one (1) year.
(e) Where the WCB ceases paying temporary disability benefits to an employee and the employee is unable to return to work, such day or part day the time absent on WCB shall be paid by integrated with the EmployerSick Leave and Long Term Disability Plans and the employee shall be placed on the appropriate Plan at the point reached when WCB payments ceased.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Workers’ Compensation. (a) Where Any employee who is absent because of an employee suffers from a injury or disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor payable under the Workers' Michigan Worker's Disability Compensation Act, Act shall be treated according to State of Michigan regulations in the employee shall not be entitled to use sick leave for time lost by reason following manner:
1. For the first seven (7) calendar days of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described abovecharged sick leave from his/her accumulated account or if the employee so requests, provided personal business leave. If the employee has sufficient annual vacation or other banked credits exhausted sick leave and/or personal business leave, s/he shall be considered "absent without pay" for absences not covered by his/her accounts. If the employee's incapacitation continues to repay the advance.
fifteenth (ii15th) Following a decision by WorkSafeBC to accept or disallow an employee’s claimcalendar day and/or beyond, the employee so affected shall be entitled retroactivelyhave the sick leave and/or personal leave charged to his/her account for the first five (5) working days of his/her absence restored to his/her account.
2. If the employee's incapacitation extends beyond the period of seven (7) calendar days, subject to meeting and it is determined that the eligibility requirements injury/disability is payable under the appropriate plan(s)Michigan Worker's Compensation Disability Act, s/he shall not be charged sick leave and/or personal leave for any further absences for such incapacitation for period of up to pay in accordance with ninety (90) days from the provisions that are applicable date of said injury. The employee shall also, during this period of time, receive from the delay periodBoard the difference between his/her Worker's Disability Compensation check and his/her regular salary.
3. Such pay combined with any payments from WorkSafeBC If the employee's incapacitation continues beyond the ninety (90) day period stated above, s/he shall be used continue to repay, receive the difference between his/her Worker's Disability Compensation check and his/her regular salary to the extent necessaryand until such time as said employee has used up all of his/her remaining sick leave and/or personal leave days.
a. For purposes of this sub section, "full salary from the Board" shall mean the individual's standard amount. It shall not include overtime, or any other extra pay assignment.
b. It is also understood that the amount of sick leave and/or personal leave to be deducted from the employee's account(s) will be 1/2 day for any full day's absence. If the employee is absence less than a full day, the advance paid under paragraph (c)(i) aboveemployee will still be charged 1/2 day from his/her sick or personal leave account.
4. An employee returning within one (d1) Where an employee becomes entitled to Workers' year from Worker's Compensation and payment is not made for the first day or part day, such day or part day shall be paid by placed into the Employersame position building, and shift. An employee returning after one (1) year shall be placed into a position comparable to the position occupied at the time of injury or into a work pool until a comparable position becomes available. In the event the employee is medically unable to perform the functions of their position, they shall then be placed in a position with the most comparable rate of pay for which s/he is qualified to perform.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Workers’ Compensation. 16.1 Except as provided below, all matters pertaining to Worker’s Compensation shall be handled in accordance with applicable State and/or Federal laws.
16.2 An employee injured or claiming to have been injured or disabled as a result of accident or occupational disease so as to allegedly fall within coverage of Worker’s Compensation shall be subject to the same requirements as other employees in applying for leave of absence, but fringe benefits shall be available to the limited extent provided for hereinafter.
16.3 If compensation is voluntarily paid by the Worker’s Compensation carrier of the School District, the Employer shall maintain in effect at no cost to the employee for a period of six (a6) Where an months, the insurance benefits provided by the Employer to employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled prior to compensation therefor under the Workers' Compensation Actcessation of work. Thereafter, the employee may elect at his/her own expense to continue insurances through the District’s policies. Any such employee who has unused sick leave benefits accrued may draw upon the accrued sick leave to supplement Worker’s Compensation benefits to a level equal to 100% of the employee’s regular after-tax pay based on his/her regular job prior to the accident of injury. Sick leave accumulation shall be proportionally reduced as payments are made. The payment of sick leave shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by extend the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and period during which the Employer shall pay the insurance costs for the employee's approximate net salary. Any period of less than one (1) month during which the employee may return to work on a trial basis without full release to return to work from his/her doctor shall not extend the Employer’s responsibility for payment of insurance or sick leave arising from the initial injury or disability.
(i) During 16.4 If an employee claims a compensable injury or disease which is not voluntarily paid by the Worker’s Compensation carrier, the School District shall maintain insurance coverage for the employee only so long as sick leave benefits are payable. Thereafter, the employee may, at his/her option and expense, maintain such insurance coverage through the Employer’s policies during the period the claim for Worker’s Compensation is in dispute. If a determination is finally made that the employee was entitled to Worker’s Compensation during the period, the Employer shall reimburse the employee for the cost of the insurance for a period not to exceed six (6) months from the date of delay while WorkSafeBC cessation of work. If a determination is processing finally made that the employee is not entitled to Worker’s Compensation, or if the matter is settled by redemption or settlement without a claim for WorkSafeBC temporary disability specific determination of entitlement to Worker’s Compensation benefits, the cost of maintaining such insurance shall not be reimbursed.
16.5 In the event an employee is injured while at work and does not qualify for Worker’s Compensation for lost time wages, the Employer will advance “regular salary” to shall pay these lost time wages at the employee, provided ’s current rate of pay for the maximum of seven days. These days shall not be deducted from the employee’s sick leave.
16.6 An employee is receiving Worker’s Compensation benefits shall be eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick unpaid leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the of absence. Where The leave shall not exceed three (3) months. However, such leave shall, upon the employee has employee’s written request, be renewed for additional three (3) month periods. In no accumulated sick event shall such leave credits or where the Long Term Disability Plan does not accept the sick leave claimexceed two (2) years. Upon medical release, the employee shall be entitled have the right to an advance as described above, provided return to his/her former position. If the employee has sufficient annual vacation or other banked credits is unable to repay the advancereturn to work after two (2) years, he/she shall lose all seniority.
16.7 No additional leave time benefits shall accrue while the employee is on Worker’s Compensation leave. Upon return to work, all accrued leave time earned prior to the leave shall be restored and be immediately available. If the Worker’s Compensation leave has exceeded three (ii3) Following a decision by WorkSafeBC to accept or disallow an employee’s claimmonths, the employee shall complete thirty (30) shifts to be entitled retroactivelyeligible for vacation leave.
16.8 Nothing herein shall prevent the Employer from offering any such employee restricted work.
16.9 After an employee has received Worker’s Compensation benefits for twelve (12) months, subject to meeting the eligibility requirements under the appropriate plan(s), to pay Employer may request said employee apply for social security benefits and Michigan Public School Employee Retirement System benefits as allowed in accordance with MCL 418.354. If the provisions that are applicable during employee qualifies for the delay period. Such pay combined with any payments from WorkSafeBC benefit(s), such benefit(s) shall be used to repay, coordinated with Worker’s Compensation to the extent necessary, the advance paid under paragraph allowed by law. This section (c)(i16.9) above.
(d) Where shall not in any way prohibit an employee becomes entitled from returning to Workers' Compensation and payment is not made work as provided for the first day or part day, such day or part day shall be paid by the Employerunder section 16.6 of this article.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Workers’ Compensation. (a) Where If an employee suffers qualifies for Worker’s Compensation benefits, and the employee elects to have the Employer supplement the benefits, the following procedures shall apply:
1. The Employer shall pay the employee the employee’s regular rate of pay for the number of days the employee has accumulated as medically related disability leave. The employee shall retain the Worker’s Compensation payments for the time period supplemented with medically-related disability leave. The employer will deduct the amount of the Worker’s Compensation payments from the employee’s district paycheck, leaving the employee at full pay for the said time period.
2. Should the Worker’s Compensation benefits be one-third or less the employee’s regular rate of pay, a disease full day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be more than one-third, but less than two-thirds the regular rate of pay, one- half day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be two-thirds or illness or incurs personal injury (which diseasemore of the regular rate of pay, illness or injury is hereinafter called no accumulated medically related disability leave shall be deducted for each day of absence.
3. The employee shall retain the "disability") Worker’s Compensation payments for periods of time following exhaustion of accumulated medically related disability leave. If an employee qualifies for Worker’s Compensation benefits, and is entitled the employee elects not to compensation therefor under have the Workers' Compensation ActEmployer supplement the benefit, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employeeretain the Worker’s Compensation benefits, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay make no deduction from the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary ’s accumulated medically related disability benefits, leave. The employee shall notify the Employer will advance “regular salary” of his/her option within three days of receipt of the Employer’s notice to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Planelect such option. “Regular salary” is defined Failure to report within such time limit shall be treated as an amount approximately equivalent election not to have the net pay that an employee would have received for Employer supplement the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancebenefits.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 2 contracts
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Planlong term disability plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan long term disability plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, Plan or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
Workers’ Compensation. (a) Where an a. Any employee who suffers from a disease job-related injury or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor qualifies for benefits under the Workers' ’ Compensation ActLaw and because of such injury or illness is medically unable to return to work for more than three consecutive days after the occurrence, the employee shall not may be entitled granted administrative leave with pay for a period up to use sick leave for time lost by reason of any such disability30 duty days.
(b) An employeeb. For any lost time that does not qualify under the Workers’ Compensation Law, whose claim leave will be charged accordingly.
c. Any Workers’ Compensation payments made for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, due to said injury or illness during this 30 duty-day period shall assign the employee's WorkSafeBC cheque be endorsed over to the Employer and the Employer shall pay the employee's approximate net salaryBoard.
(i) During d. If a period of delay while WorkSafeBC determination is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided made that the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent Workers’ Compensation, then all sick leave and annual leave up to the net 30 days provided in this provision, used as a result of the job-related injury or illness prior to such determination, shall be restored to the employee.
e. During the time the employee is drawing administrative leave with pay that or Workers’ Compensation benefits, the employee’s leave will not be permanently charged (leave may be initially charged and subsequently reversed).
f. For the purpose of determining weekly Workers’ Compensation benefits, the weekly wage will be based on the employee’s actual work year and per diem rate rather than the SMCPS 12-month pay schedule.
g. If unable to return to work after 30 duty days of approved administrative leave an employee would have received may elect to take sick or annual leave (sick leave must be exhausted first) in place of collecting Workers’ Compensation temporary disability payments.
h. An employee may not draw both a salary from the Board and Workers’ Compensation payments. If the employee receives a payment from Workers’ Compensation for the absence if same time that sick or annual leave was used towards salary, then his or her payment will be reduced by the absence had been treated as sick leave under amount of the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absenceWorkers’ Compensation payment. Where the The employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall will be entitled to the payment received from Workers’ Compensation.
i. After 30 days of approved administrative leave, employees who receive Workers’ Compensation in lieu of sick or annual leave will not be responsible for their health insurance premium (described in Article VII) for this time period.
j. Before an advance as described aboveemployee can return to work from a work-related injury, provided it is required that the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following have a decision by WorkSafeBC to accept or disallow an employee’s claim, medical release stating when the employee shall is able to return to work and that the employee is able to fulfill the requirements of his/her position or stating the reasonable accommodations that need to be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) abovemade.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Workers’ Compensation. The school employer shall provide Worker's Compensation Insurance. Any accident occurring within the scope of employment must be reported to the immediate supervisor who will fill out the official report form on the accident and file same with the Superintendent of Schools or his designee. Sick leave pay shall, upon the employee's request, be used for any work day not compensable by Worker's Compensation. If the first seven (a7) Where an work days are compensable by Worker's Compensation and the employee suffers from a disease or illness or incurs personal injury used sick leave in full day units, upon receipt of Worker's Compensation payment for the first seven (which disease, illness or injury is hereinafter called the "disability"7) and is entitled to compensation therefor under the Workers' Compensation Actwork days, the employee shall not be entitled return such payment to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign school corporation and the employee's WorkSafeBC cheque sick leave used for the first seven (7) work days shall be reinstated to the Employer and employee at a rate of two-thirds (2/3) day for each full day unit of sick leave used. Commencing with the Employer sixth (6th) scheduled work day if an employee is absent because of a work-related accident, the Board shall pay to such employee the difference between eighty percent (80%) of the employee's approximate net salary.
(i) During a daily rate and the amount paid by Xxxxxx's Compensation for the period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to commencing with the employee, provided 's sixth (6th) scheduled work day through the employee's fiftieth (50th) scheduled work day and during this forty-five (45) scheduled work day period no deductions shall be made from the employee's sick leave days including accumulated days. If the employee is eligible continues beyond the fiftieth (50th) scheduled work day to qualify for benefits under Worker's Compensation Law, commencing with the Accumulated Sick Leave Plan employee's fifty-first (51st) scheduled work day, upon the employee's request, sick leave pay shall be used for any day which is compensable by Worker's Compensation on a pro-rata basis (1/3 day) to make up the difference between the employee's daily rate and the amount paid by Worker's Compensation. Physician required appointments for follow-up care relative to injuries sustained while on the job within the scope of the employee's responsibilities which cannot be scheduled other than during the employee's scheduled work day will be allowed without loss of pay or the Long Term Disability Planreduction of sick leave benefits. “Regular salary” is defined as an amount approximately equivalent to the net pay that When an employee would have received is absent because of an injury which qualifies for Worker’s Compensation, the employer shall continue for the first eighteen (18) months of such absence if to pay the absence had been treated premium amounts as sick leave under specified in Article 16, Sections A and B, toward the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where insurance coverages in which the employee has no accumulated sick leave credits or where was enrolled at the Long Term Disability Plan does not accept time the sick leave claiminjury occurred. Commencing with the nineteenth (19th) month of such absence, the employee shall be entitled have the right to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancecontinue such insurance coverages at his own expense.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Workers’ Compensation. The school employer shall provide Worker's Compensation Insurance. Any accident occurring within the scope of employment must be reported to the immediate supervisor who will fill out the official report form on the accident and file same with the Superintendent of Schools or his designee. Sick leave pay shall, upon the employee's request, be used for any work day not compensable by Worker's Compensation. If the first five (a5) Where an work days are compensable by Worker's Compensation and the employee suffers from a disease or illness or incurs personal injury used sick leave in full day units, upon receipt of Worker's Compensation payment for the first five (which disease, illness or injury is hereinafter called the "disability"5) and is entitled to compensation therefor under the Workers' Compensation Actwork days, the employee shall not be entitled return such payment to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign school corporation and the employee's WorkSafeBC cheque sick leave used for the first five (5) work days shall be reinstated to the Employer and employee at a rate of two-thirds (2/3) day for each full day unit of sick leave used. Commencing with the Employer sixth (6th) scheduled work day if an employee is absent because of a work-related accident, the Board shall pay to such employee the difference between eighty percent (80%) of the employee's approximate net salary.
(i) During a daily rate and the amount paid by Worker's Compensation for the period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to commencing with the employee, provided 's sixth (6th) scheduled work day through the employee's fiftieth (50th) scheduled work day and during this forty-five (45) scheduled work day period no deductions shall be made from the employee's sick leave days including accumulated days. If the employee is eligible continues beyond the fiftieth (50th) scheduled work day to qualify for benefits under Worker's Compensation Law, commencing with the Accumulated Sick Leave Plan employee's fifty-first (51st) scheduled work day, upon the employee's request, sick leave pay shall be used for any day which is compensable by Worker's Compensation on a pro-rata basis (1/3 day) to make up the difference between the employee's daily rate and the amount paid by Worker's Compensation. Physician required appointments for follow-up care relative to injuries sustained while on the job within the scope of the employee's responsibilities which cannot be scheduled other than during the employee's scheduled work day will be allowed without loss of pay or the Long Term Disability Planreduction of sick leave benefits. “Regular salary” is defined as an amount approximately equivalent to the net pay that When an employee would have received is absent because of an injury which qualifies for Worker's Compensation, the employer shall continue for the first eighteen (18) months of such absence if to pay the absence had been treated premium amounts as sick leave under specified in Article 16, Sections A and B, toward the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where insurance coverages in which the employee has no accumulated sick leave credits or where was enrolled at the Long Term Disability Plan does not accept time the sick leave claiminjury occurred. Commencing with the nineteenth (19th) month of such absence, the employee shall be entitled have the right to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancecontinue such insurance coverages at his own expense.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to The Employer shall provide Worker's Compensation Insurance in accordance with applicable statutes. Disability compensation therefor for these employees shall be provided under the Workers' Compensation Actfollowing conditions:
A. An employee who has incurred bodily injury arising out of and in the course of actual performance of duty in the service of the Employer, the which bodily injury totally incapacitates such employee shall not be entitled to use sick leave for time lost by reason of from performing any such disability.
(b) An employeeavailable employment, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to disability compensation upon the following basis and subject to the following provisions:
1. The employee must be eligible for and receive Worker's Compensation on account of such bodily injury.
2. The total incapacity, as above set forth, must continue for the duration of the period of compensation.
3. Any employee suffering an advance as described aboveinjury within the meaning and definition of this paragraph shall file a report in writing, provided relating to such injury with his/her Department Head on the day such injury occurs or, if physically unable to do so because of the nature of such injury, then a physician's report in writing relating to such injury shall be filed with such Department Head within one (1) week from the date of injury. The report shall be made upon the form furnished by the County of Macomb.
4. The employee, so incapacitated, shall be continued on the County payroll during the period of disability compensation hereinafter set forth.
5. For the period during which the employee has sufficient annual vacation or other banked credits is disabled and receiving pay supplemental to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claimhis/her Workers' Compensation, the employee will accumulate seniority, Sick Leave and Annual Leave time.
6. The Employer shall have the right to fill the position vacated by the employee receiving Worker's Compensation, through temporary appointment or hire, for the entire period in which the position is temporarily vacant, notwithstanding Article 9, Employee Defined. A current employee filling the position on a temporary basis shall not accrue classification seniority. The position shall become a regular vacancy at the time the active employment relationship is terminated with the employee receiving Worker's Compensation.
7. An employee returning from Worker's Compensation shall be entitled retroactivelyplaced in the same position, subject provided that said employee has produced medical certification that he/she can return to meeting duty and perform the eligibility requirements essential functions of the job with or without accommodation.
8. Disability compensation shall be made to an employee in the following manner and upon the following basis:
a. The compensation received by such employee under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC Worker's Compensation Act shall be used supplemented by the amount necessary to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part dayequal his/her regular salary, such day or part day payments to continue for a period of twenty-six (26) weeks from date of incapacitating injury. At the end of said twenty-six (26) week period the Employer shall be paid by review the Employer.disability status of the injured employee to determine if an additional twenty-six
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where an A County employee suffers who has incurred bodily injury arising out of and in the course of actual performance of duty in the service of the County, which bodily injury totally incapacitates such employee from a disease or illness or incurs personal injury (which diseaseperforming any available County employment, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to disability compensation upon the following basis and subject to the following provisions:
A. The employee must be eligible for and receive Worker's Compensation on account of such bodily injury.
B. The total incapacity, as above set forth, must continue for the duration of the period of compensation.
C. Any employee suffering an advance as described aboveinjury within the meaning and definition of this paragraph shall immediately notify his/her supervisor. If instructed by the supervisor, the injured employee shall report to a medical facility approved by the County.
D. The employee, so incapacitated, shall be continued on the County payroll during the period of disability compensation hereinafter set forth.
E. For the period during which the employee is disabled and receiving pay supplemental to his/her Worker's Compensation, the employee will accumulate seniority, Sick Leave and Annual Leave time.
F. The County shall have the right to fill the position vacated by the employee receiving Worker's Compensation, through temporary appointment or hire, for the entire period in which the position is temporarily vacant, not withstanding Article 9, Employees. A current employee filling the position on a temporary basis shall not accrue classification seniority. The position shall become a regular vacancy at the time the active employment relationship is terminated with the employee receiving Worker's Compensation.
G. An employee returning from Worker's Compensation shall be placed in the same position, provided that said employee has produced medical certification that he/she can return to duty and perform the essential functions of the job with or without accommodation.
H. Disability compensation shall be made to such County employee in the following manner and upon the following basis:
1. The compensation received by such employee under the Worker's Compensation Act shall be supplemented by payment from his/her accumulated Sick Leave Reserve (and the employee's Annual Leave Bank if the employee so chooses) of that amount of money necessary to equal his/her regular salary and the employee's Sick Leave Reserve (and Annual Leave Bank if the employee had so chosen) shall be charged only in the same proportion as his/her Sick Leave Reserve (and Annual Leave Bank if the employee had so chosen) payment is to his/her regular wage or salary for the day, week, half-month, or other period. This supplement shall continue for 104 weeks or until the employee's Sick Leave Reserve (and Annual Leave Bank if the employee had so chosen) has been depleted, whichever occurs first.
2. If the employee's Sick Leave Reserve (and Annual Leave Bank if the employee so chooses) has been depleted and the employee has sufficient annual vacation been receiving Worker's Compensation payments for less than 104 weeks, the County of Macomb shall pay to such employee a sum of money, in addition to Worker's Compensation payments, whereby the combination of Worker's Compensation payments and such County supplement shall equal two-thirds (2/3) of the employee's regular wage or other banked credits salary. The County's two-thirds (2/3) pay supplement shall be made for a period not to repay exceed twenty-six (26) weeks; however, in no case shall the advancecombination of the supplement payments (H (1) and H (2)) exceed 104 weeks.
(ii) Following a decision 3. Upon the expiration of the 104 weeks an employee unable to return to duty shall be terminated by WorkSafeBC the County. The County will have no further obligation to accept or disallow an the former employee’s claim, unless the employee shall be entitled retroactivelyqualifies for and receives retirement benefits as provided in Article 23, subject to meeting Retirement System and the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveMacomb County Employees' Retirement Ordinance.
4. Any Sick or Annual Leave earned and accrued once the County two-thirds (d2/3) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day pay supplement begins shall be paid to the former employee upon termination of the active employment relationship.
I. The foregoing provisions shall neither restrict nor enlarge upon the provisions and benefits accorded by the EmployerMacomb County Employees' Retirement Ordinance relative to total and permanent disability provided for therein.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where An Employee who is incapacitated and unable to work as a result of an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called accident sustained while on duty in the "disability") and is entitled to compensation therefor under service of the Employer within the meaning of the Workers' Compensation ActAct shall continue to receive their base salary from the Employer, less regular deductions, provided they assign over to the employee shall not be entitled to use sick leave Employer their compensation payments due from the Workers' Compensation Board for time lost by reason as a result of any such disabilitythe accident. Base salary as referenced above shall be in accordance with the Workers Compensation Act and regulations, which may be amended from time to time.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall Employee who elects not to assign the employee's WorkSafeBC cheque their Workers' Compensation payments to the Employer may make prior arrangements for the prepayment of the full premium of any contributory health benefit plans.
16.02 Should the Employee’s claim be disallowed by the Workers' Compensation Board, then any monies paid by the Employer shall be either charged against the Employee’s accumulated sick leave credits, or if the Employee has no sick leave credits, the amount so paid shall be recovered from the Employee over a reasonable period of time.
16.03 When an Employee is absent on a Workers' Compensation claim, all benefits of this Agreement will continue to accrue for a period of two (2) years except as set out under Article 16.04 below.
16.04 An Employee who is absent on a Workers Compensation claim will not accrue annual vacation, sick leave, service credits for salary increments nor will they be paid for Named Holidays during the entire period of the absence. However, service credits for the purpose of calculating future vacation entitlement will continue to accrue. If applicable, Employees will be entitled to insured benefits and pension in accordance with regulations under those plans.
16.05 On the date a physician certifies an Employee fit to return to work and the Employer shall pay the employee's approximate net salaryhas confirmed that there is work available such Employee will lose their seniority and employment if such Employee fails to return to work.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, 16.06 All workplace accidents must be reported by the Employee and the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions timelines prescribed by the Workers Compensation Act and regulations.
16.07 An Employee who has been receiving Workers’ Compensation benefits and who is able to return to work will provide the Employer with at least (4) weeks written notice of readiness to return to work when possible. Upon return to duty they shall be reinstated in the same or an alternate position if such is available. Upon, reinstatement they shall be placed on the same step in the pay scale that are applicable during the delay periodthey had occupied prior to their disability. Such pay combined At such time, they shall be also be credited with any payments from WorkSafeBC remaining sick leave that they had accrued prior to their disability and shall commence accruing sick leave credits based on service they had accrued prior to their disability and current employment status. At such time, they shall also be used credited with any vacation days that they had accrued prior to repay, their disability and shall commence accruing vacation based on service they had accrued prior to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation their disability and payment is current employment status. Seniority shall not made for the first day or part day, be interrupted during such day or part day shall be paid by the Employer.leave.
Appears in 1 contract
Samples: Collective Agreement
Workers’ Compensation. (a) Where In the event an employee suffers from is absent due to a disease or illness or incurs personal injury work-related disability and receives workers' compensation benefits (as defined under 21 VSA §601-710) said employee shall utilize their available accrued paid sick leave (as provided under Article 9.2) for up to the duration of the approved absence at a rate of one half hour of leave for each hour of absence. During the period in which diseasethe employee has available accrued sick leave, illness or injury is hereinafter called the "disability") and is entitled said employee shall continue to compensation therefor receive their full contracted wages while receiving disability benefits under the Workers' ’ Compensation ActStatutes, and said employee shall reimburse the employee District for any and all disability benefits received under the Workers’ Compensation Statutes, except that school-year employees shall not be entitled required to reimburse the District for Workers’ Compensation benefits accrued during the school summer vacation. Employees shall reimburse the District by signing over the Worker's Compensation checks directly to the District within one (1) calendar week of receipt of the Workers’ Compensation check if medically feasible. The use of available and accrued paid sick leave under this provision is conditioned upon timely receipt of reimbursement. Failure to reimburse the District under this provision shall be considered just cause for time lost by reason employment action up to and including discharge, and shall result in the restriction of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided paid sick leave. For as long as the employee is eligible for benefits utilizing paid sick leave and/or is covered under the Accumulated Sick Family and Medical Leave Plan Act (FMLA) or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent Vermont Parental and Family Leave Law (VPFL), said employee shall retain their coverage on the District medical, dental and life insurance plans (if participating at the time of the disability) to the net pay that an employee would have received for the absence if the absence had been treated as sick leave extent provided under the Accumulated Sick Leave Plan, applicable master agreement or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactivelyindividual employment contract, subject to meeting the eligibility requirements and other rules and provisions of the individual carrier. Once the employee exhausts their available accrued sick leave and/or leave under the appropriate plan(sFMLA/VPFL (if applicable), said employee shall have the right to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid continue their medical and/or dental coverage at their own expense under paragraph (c)(i) aboveCOBRA.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where an An employee suffers disabled and absent from duty as a disease or illness or incurs personal result of a service-connected injury (which diseaseincurred in the employment of the City, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use receive his straight-time salary without deduction from accumulated sick leave for time lost the period of said disability and absence, but not to exceed five (5) working days commencing with the date of injury. All Worker's Compensation payments received by reason of any such disabilitythe employee for this period shall be turned over to the City. This paragraph is limited to those situations where the City's physician requires the employee to be off work.
(b) An employeeSick leave will be applied to lost time and deducted for service-connecting disability other than that for which the employee receives Worker's Compensation insurance benefits for lost time, whose claim for WorkSafeBC temporary disability benefits is accepted only upon receipt of a statement signed by the WorkSafeBCCity Physician to the effect that the injured employee is unable to perform the regular duties or such other temporary task available in the framework of City functions, shall assign the in which event said employee's WorkSafeBC cheque to earned sick leave shall be used at the Employer and the Employer shall pay the employee's approximate net salaryrate of one (1) sick leave day for each day of such service-connected disability until such sick leave accumulation has been exhausted.
(ic) During An employee's absence from duty due to a period of delay while WorkSafeBC service-connected disability for which he/her is processing a claim receiving Worker's Compensation benefits shall not be compensated for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as deducted from his/her sick leave under unless he/she shall elect to be paid the Accumulated Sick Leave Plandifference between the Worker's Compensation received by him/her for such service-connected disability and his/her normal wage or salary; in which event, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated said employee's earned sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to at the extent necessary, the advance paid under paragraph rate of one-third (c)(i1/3) abovesick leave day for each day of such service-connected disability until such sick leave accumulation has been exhausted.
(d) Where Any employee disabled and absent from duty as a result of a service-connected injury incurred in the course of employment with the City of Muskegon, who has exhausted their sick leave option, shall receive economic accruals as of that date, except as specifically stated in the following sub-paragraphs:
1. Seniority shall continue to accrue (for example, if the employee is injured in the course of his/her employment in his tenth (10th) year of employment and returns to work three (3) years later, his/her seniority shall be as a thirteen-year (13) employee)."
2. Sick leave shall not be accrued, accumulated, or paid to an employee becomes entitled for any time when the employee has not worked."
(e) In no event shall any employee who has been disabled and absent from duty as a result of a service-connected injury incurred in the course of employment with the City of Muskegon take vacation time off in any one year in excess of that provided for in Article 31, Vacations. Any vacation days accumulated, but not used prior to Workers' Compensation and payment is not made for the first day or part day, such day or part day injury in excess of the maximum under Article 31 shall be paid by to the Employeremployee in the year the employee returns to duty.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where All employees shall be covered by the Workers’ CompensationAct. An employee prevented from performing their regular work with the Employer on account of an occupational accident, that is covered by the Workers’ Compensation Act shall receive leave without pay for the period the employee suffers from a disease or illness or incurs personal injury (which diseasereceives Worker’s Compensation benefits. During said period, illness or injury is hereinafter called sick leave and vacation credits will continue to be accumulated and calculated on the "disability") and is same basis as if the employee had been at work. Employees shall be entitled to draw upon their sick leave bank during the Worker Compensation Act three (3) day waiting period. If the employee subsequently receives workers’ compensation therefor under benefits for the Workers' Compensation Actwaiting period, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to reimburse the Employer and for the days drawn, which the Employer shall pay restore to the employee's approximate net salary.
’s sick leave bank. This provision shall continue until the expiration of fourteen (i14) During working months or a period full school year, whichever comes first, when the employee’s situation shall be reviewed with the Workers’ Compensation Board; and if, as a result of delay the review, medical opinion advises that the employee will be able to return to work within the next three (3) months, then the employee shall continue on leave until returning to work. However, to the extent it is able to do so without causing the employee to have their compensation under the Act reduced or eliminated while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefitson leave without pay under this article, the Employer will advance “regular salary” to pay the full cost of the employee’s premiums where the employee, provided prior to the injury, participated in the Group Life, Medical and Long Term Disability Insurance plans described in Article and will the employee’s pension contribution. If, as a result of the medical examination, the employee is eligible found to be physically unfit to carry out functions of the position occupied,: the employee may be transferred to a position for benefits under which the Accumulated Sick Leave Plan or Employer deems them qualified, where the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Planduties are less onerous and within their physical capabilities, or the Long Term Disability Plan, whichever would have been applicable during employee may be laid off and placed on an employment list for which the absence. Where Employer deems the employee has no accumulated sick leave credits or qualified where the Long Term Disability Plan does not accept duties are less onerous and within their physical capabilities, or should the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall physical condition be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions such that they are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, unable to the extent necessary, the advance paid under paragraph (c)(i) abovefunctions of any position then their employment may be terminated.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Collective Agreement
Workers’ Compensation. (a) Where an a. Any employee who suffers from a disease job-related injury or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor qualifies for benefits under the Workers' ’ Compensation ActLaw and because of such injury or illness is medically unable to return to work for more than three (3) consecutive days after the occurrence, the employee shall not may be entitled granted administrative leave with pay for a period up to use sick leave for time lost by reason of any such disability30 duty days.
(b) An employeeb. For any lost time that does not qualify under the Workers’ Compensation Law, whose claim leave will be charged accordingly.
c. Any Workers’ Compensation payments made for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, due to said injury or illness during this 30 duty-day period shall assign the employee's WorkSafeBC cheque be endorsed over to the Employer and the Employer shall pay the employee's approximate net salaryBoard.
(i) During d. If a period of delay while WorkSafeBC determination is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided made that the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent Workers’ Compensation, then all sick leave and annual leave up to the net 30 days provided in this provision, used as a result of the job-related injury or illness prior to such determination, shall be restored to the employee.
e. During the time the employee is drawing administrative leave with pay that or Workers’ Compensation benefits, the employee’s leave will not be permanently charged (leave may be initially charged and subsequently reversed).
f. For the purpose of determining weekly Workers’ Compensation benefits, the weekly wage will be based on the employee’s actual work year and per diem rate rather than the SMCPS twelve-month pay schedule.
g. If unable to return to work after 30 duty days of approved administrative leave an employee would have received may elect to take sick or annual leave (sick leave must be exhausted first) in place of collecting Workers’ Compensation temporary disability payments.
h. An employee may not draw both a salary from the Board and Workers’ Compensation payments. If the employee receives a payment from Workers’ Compensation for the absence if same time that sick or annual leave was used towards salary, then his or her payment will be reduced by the absence had been treated as sick leave under amount of the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absenceWorkers’ Compensation payment. Where the The employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall will be entitled to the payment received from Workers’ Compensation.
i. After the thirtieth day of approved administrative leave, employees who receive Workers’ Compensation in lieu of sick or annual leave will not be responsible for their health insurance premium (described in Article 9.3) for this time period.
j. Before an advance as described aboveemployee can return to work from a work related injury, provided it is required that the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following have a decision by WorkSafeBC to accept or disallow an employee’s claim, medical release stating when the employee shall is able to return to work and that the employee is able to fulfill the requirements of his/her position or stating the reasonable accommodations that need to be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) abovemade.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Collaboration Agreement
Workers’ Compensation. Employees who are injured in the course of their employment shall continue to receive their normal full salary for a period not to exceed twenty-six (a26) Where an employee suffers from weeks commencing with a disease or illness or incurs personal injury (which disease, illness or determination by the Town’s insurance carrier that such injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted a compensable injury as defined by the WorkSafeBCWorker’s Compensation Law, shall assign or in the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC event that such determination is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” adverse to the employee, commencing with a determination to the contrary by the Worker’s Compensation Board. Until such determination is made, employees may utilize their sick leave allowance to receive pay for days not worked because of such injury, provided however, that in the event of permanent disability, salary shall cease when a final determination of disability has been made, but in no event shall be more than twenty-six (26) weeks salary be paid and provided further that if an employee is obligated to be absent from work because of injuries received during the course of employment, no days shall be deducted from an employee’s accumulated sick leave (except as provided above) or vacation time during such period if a finding is made in the compensation proceeding that the employee is eligible disabled other than permanently and during such period the employee continues to earn full benefits. By reason of the foregoing, any compensation benefits received by an employee from the Town or insurance carrier for any part of the twenty-six (26) week period shall be assigned to the Town by said employee. It is agreed that the Town and the C.S.E.A. shall establish a Worker’s Compensation Committee with equal representation from both sides to review all questions that arise from Worker’s Compensation and advise the Town Supervisor as to any recommendations that Committee might have. A committee shall be formed with an equal number of representatives from the bargaining units and the Town for the purpose of exploring various ways to reduce the Town’s expense in funding worker’s compensation benefits under Article IX, Section 3. Any agreements reached by the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee committee representatives would have received for to be reduced to writing and agreed to by the unit and the Town before implementation.
SECTION 5: Leaves of Absence.
(A) Leaves of absence if without pay will be granted in accordance with Rule 18 of the absence had been treated as sick leave under Rules of the Accumulated Sick Leave PlanClassified Civil Service of Suffolk County, and in accordance with Section 243 of the Military Law of the State of New York.
(B) The officers of the Brookhaven Town White Collar Unit or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits his or where the Long Term Disability Plan does not accept the sick leave claim, the employee her authorized representative shall be entitled to an advance as described above, provided the employee has sufficient annual vacation attend special meetings or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.duly elected C.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where If an employee suffers from a disease or illness or incurs personal injury (which diseasequalifies for Workers’ Compensation benefits, illness or injury is hereinafter called and the "disability") employee elects to have the Employer supplement the benefits, the following procedures shall apply:
1. The Employer shall pay the employee the employee’s regular rate of pay for the number of days the employee has accumulated as medically related disability leave.
2. The employee shall endorse and is entitled to compensation therefor under assign the Workers' ’ Compensation Actpayments to the Employer for that period of time.
3. Should the Workers’ Compensation benefits be one-third or less the employee’s regular rate of pay, a full day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be more than one-third but less than two-thirds the regular rate of pay, one-half day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be two-thirds or more of the regular rate of pay, no accumulated medically related disability leave shall be deducted for each day of absence.
4. The employee shall retain the Workers’ Compensation payments for periods of time following exhaustion of accumulated medically related disability leave. If an employee qualifies for Workers’ Compensation benefits, and the employee elects not to have the Employer supplement the benefit, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employeeretain the Workers’ Compensation benefits, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay make no deduction from the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary ’s accumulated medically related disability benefits, leave. The employee shall notify the Employer will advance “regular salary” or his/her option within three days of receipt of the Employer’s notice to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Planelect such option. “Regular salary” is defined Failure to report within such time limit shall be treated as an amount approximately equivalent election not to have the net pay that an employee would have received for Employer supplement the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancebenefits.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Comprehensive Agreement
Workers’ Compensation. (a1) Where In the event an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost becomes disabled by reason of a work-related injury or illness and is unable to perform his/her duties, then, in addition to any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claimbenefits otherwise provided for herein, the employee shall be entitled to an advance as described abovefull pay for a period of up to one (1) year, provided all conditions of this Article are met.
2) When an employee requests injury leave, he shall be placed on "conditional injury leave" until a determination of whether or not an injury or illness is work related and the employee has sufficient annual vacation is entitled to injury leave is made by the Township's Workers' Compensation carrier, with the final determination, if necessary, to be made by the Workers' Compensation Bureau or other banked credits Court. When and if it is finally determined that the injury or illness is not work related and that the employee is not entitled to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claimjob injury compensation, the employee shall be entitled retroactivelydenied injury leave and shall have all time off charged against his accumulated sick leave and, subject if necessary, against any other accumulated leave time. If the employee does not have enough accumulated time off, he shall be advanced sick time to meeting cover the eligibility requirements absence. If the employee leaves the employ of the Township prior to reimbursing the Township for such advanced time, the employee shall be required to reimburse the Township for such advanced time.
B) Any employee who is injured while working, no matter how slight, must make an immediate report prior to the end of the shift thereof to the immediate supervisor. Failure to report said injury may result in the failure of the employee to receive compensation under this Article.
C) The employee shall be required to present evidence by a certificate of an authorized workers compensation panel physician that he/she is unable to work and the appropriate plan(s)Township may reasonably require the employee to present such certificate from time to time.
D) If the Township does not accept the certificate of the physician, the Township shall have the right, at its own cost, to pay in accordance require the employee to obtain a physical examination and certification of fitness by another authorized workers compensation panel physician appointed by the Township.
E) In the event the Township physician certifies the employee fit to return to duty, job injury compensation benefits granted under this Article shall be terminated, unless the employee's personal physician disputes the determination of the Township physician. Then the Township and the employee shall mutually agree upon a third physician, who shall then examine the employee. The cost of the third physician shall be borne by the Township. The determination of the third physician as to the employee's fitness to return to duty shall be final and binding on the parties. In the event the third physician also certifies the employee fit to return to duty, injury leave benefits granted under this Article shall be terminated. In the event the employee requests a second opinion of a Township designated alternate physician and the second physician differs with the provisions that are applicable during opinion of the delay periodTownship's first examining physician, a third examination and opinion will be mandatory at the expense of the Township. Such pay combined with The consensus of two of the three physicians on the treatment to be followed will be the treatment covered by the Workers Compensation insurance.
F) In the event any payments from WorkSafeBC employee is granted job injury compensation, the Township's sole obligation shall be used to repay, to pay the extent necessary, employee the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to differences between his/her regular pay and any temporary disability payments received from Workers' Compensation and payment is not made for a maximum of one (1) year.
G) If the first day or part dayTownship can prove that an employee has abused his/her privileges under this Article, such day or part day shall the employee will be paid subject to disciplinary action by the EmployerTownship, up to and including termination.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where an A. Except for certain Circuit Court, Juvenile Division/Juvenile Justice Center employees who are covered under Section B of this Article, Worker's Compensation - For Certain Circuit Court, Juvenile Division/Juvenile Justice Center Employees, a County employee suffers who has incurred bodily injury arising out of and in the course of actual performance of duty in the service of the County, which bodily injury totally incapacitates such employee from a disease or illness or incurs personal injury (which diseaseperforming his/her assigned duties, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to disability compensation upon the following basis and subject to the following provisions:
1. The employee must be eligible for and receive Worker's Compensation on account of such bodily injury.
2. The total incapacity, as above set forth, must continue for the duration of the period of compensation.
3. Any employee suffering an advance as described aboveinjury within the meaning and definition of this paragraph shall immediately notify his/her supervisor. If instructed by the supervisor, the injured employee shall report to a medical facility approved by the County.
4. The employee, so incapacitated, shall be continued on the County payroll during the period of disability compensation hereinafter set forth.
5. For the period during which the employee is disabled and receiving pay supplemental to his/her Worker's Compensation, the employee will accumulate seniority, Sick Leave and Annual Leave time.
6. The County shall have the right to fill the position vacated by the employee receiving Worker's Compensation, through temporary appointment or hire, for the entire period in which the position is temporarily vacant, notwithstanding Article 9, Employee Defined. A current employee filling the position on a temporary basis shall not accrue classification seniority. The position shall become a regular vacancy at the time the active employment relationship is terminated with the employee receiving Worker's Compensation.
7. An employee returning from Worker's Compensation shall be placed in the same position, provided that said employee has produced medical certification that he/she can return to duty and perform the essential functions of the job with or without accommodation.
8. Disability compensation shall be made to such County employee in the following manner and upon the following basis:
a. The compensation received by such employee under the Worker's Compensation Act shall be supplemented by payment from his/her accumulated Sick Leave Reserve (and the employee's Annual Leave Bank if the employee so chooses) of that amount of money necessary to equal his/her regular salary and the employee's Sick Leave Reserve (and Annual Leave Bank if the employee had so chosen) shall be charged only in the same proportion as his/her Sick Leave Reserve (and Annual Leave Bank if the employee had so chosen) payment is to his/her regular wage or salary for the day, week, half-month, or other period. This supplement shall continue for 104 weeks or until the employee's Sick Leave Reserve (and Annual Leave Bank if the employee had so chosen) has been depleted, whichever occurs first.
b. If the employee's Sick Leave Reserve (and Annual Leave Bank if the employee so chooses) has been depleted and the employee has sufficient annual vacation been receiving Worker's Compensation payments for less than 104 weeks, the County of Macomb shall pay to such employee a sum of money, in addition to Worker's Compensation payments, whereby the combination of Worker's Compensation payments and such County supplement shall equal two-thirds (2/3) of the employee's regular wage or other banked credits salary. The County's 2/3rds pay supplement shall be made for a period not to repay exceed twenty-six (26) weeks; however, in no case shall the advancecombination of the supplement payments (A.8.a and A.8.b.) exceed 104 weeks.
(ii) Following a decision c. Upon the expiration of the 104 weeks an employee unable to return to duty shall be terminated by WorkSafeBC the County. The County will have no further obligation to accept or disallow an the former employee’s claim, unless the employee shall be entitled retroactivelyqualifies for and receives retirement benefits as provided in Article 24, subject to meeting Retirement System and the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveMacomb County Employees' Retirement Ordinance.
(d) Where an employee becomes entitled to Workers' Compensation d. Any Sick or Annual Leave earned and payment is not made for accrued once the first day or part day, such day or part day County 2/3rds pay supplement begins shall be paid to the former employee upon termination of the active employment relationship.
9. The foregoing provisions shall neither restrict nor enlarge upon the provisions and benefits accorded by the EmployerMacomb County Employees' Retirement Ordinance relative to total and permanent disability provided for therein.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a1) Where Any employee who is absent because of an injury or disease payable under the Michigan Worker's Disability Compensation Act shall be treated in the following manner: For the first 7 calendar days of such absence, the employee shall be charged sick leave from his/her accumulated account or, if the employee so requests, personal business leave. If the employee has exhausted sick leave and/or personal business leave, s/he shall be considered "absent without pay" for any absences not covered by his/her accounts. If the employee's incapacitation continues to the 15th calendar day and/or beyond, the employee so affected shall have the sick leave and/or personal leave charged to his/her account for the first 5 working days of his/her absence restored to his/her account.
2) If the employee's incapacitation extends beyond the period of 7 calendar days, and it is determined that the injury/disability is payable under the Michigan Worker's Compensation Act, s/he shall not be charged sick leave and/or personal leave for any further absences for such incapacitation for a period of up to 90 calendar days from the date of said injury. The employee shall also, during this period of time, receive from the Board the difference between his/her Workers' Disability Compensation check and his/her regular salary. If an employee continues to work while undergoing prescribed rehabilitation and within six (6) months of the completion of the rehabilitation it is determined that surgery is required, s/he shall not be charged sick leave and/or personal leave for any further absences for a period of up to 45 calendar days from the date of the surgery. Under no circumstances shall the number of paid days exceed sixty-six (66) days under this provision. Example: Employee A suffers a qualifying injury. During the ninety (90) day window the employee is absent for twenty (20) paid days because of the injury. The individual returns to work and attends physical therapy as prescribed. Four months after therapy, it is determined that surgery is required to repair the damage from a disease or illness or incurs personal injury (which disease, illness or injury the injury. Even though the surgery will take place after the regular ninety day window is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Actclosed, the employee shall not be entitled to use charged sick leave and/or personal leave for any time lost by reason of any such disabilityoff for up to 45 additional calendar days.
(b3) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign If the employee's WorkSafeBC cheque incapacitation continues beyond the 90 calendar day period stated in Article 25.7 (2) above, s/he shall continue to receive the difference between his/her Worker's Disability Compensation check and his/her regular salary to the Employer extent and until such time as said employee has used up all of his/her remaining sick leave and/or personal leave time.
a) For purposes of this section, "full salary from the Employer Board" shall mean the individual's contracted amount. It shall not include extra work/extra pay contract riders, hourly paid Adult and Community Education assignments, or any other extra pay assignment.
b) It is also understood that, after the 90 calendar day period, the amount of sick leave or personal leave to be deducted from the employee's approximate net salary.
account will be 1/2 day or four (i4) During a period of delay while WorkSafeBC is processing a claim hours for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided any full day's absence. If the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claimabsent less than a full day, the employee shall will still be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first charged 1/2 day or part day, such day four (4) hours from his/her sick or part day shall be paid by the Employerpersonal leave account.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where A. Any APA/Clerk who is absent because of an employee suffers from a disease or illness or incurs personal injury (which diseaseinjury, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor disease compensable under the Workers' Michigan Worker's Compensation ActAct will follow these guidelines to receive payment while absent:
1. Once an employee is eligible to receive Worker's Compensation checks, the check will be mailed directly to the employee.
2. The employee will receive a check from Xxxxxx Xxxxx, as long as they have accumulated sick days, for the difference needed to equal the regular pay amount. The MIP contribution will be taken out of that. Sick leave would be deducted at a proportional rate until such time as all of the employee's accumulated sick leave has been exhausted, at which time, if eligible, application can be made to the sick leave bank. Remuneration will be made from the sick bank in the same manner as outlined above. The accumulated sick days and the sick bank shall be charged only for that portion in excess of the compensation payment. If the employee uses up all their sick days, they will then be responsible for their own MIP contributions.
3. If the employee chooses not to use accumulated sick days while on Worker's Compensation, they must notify the district of their intent. If the employee does not use sick days, they will then be responsible for their own MIP contribution.
B. Income protection under the Michigan Worker's Compensation Act will not commence until the employee is off duty for seven (7) consecutive calendar days. Up until that time, sick leave days will be deducted. If an employee is off for fourteen (14) consecutive days as the result of the alleged injury or sickness, all deducted sick leave days would be deducted at a proportional rate until such time as all of the employee's accumulated sick leave has been exhausted. The accumulated sick days shall be charged only for that portion in excess of the compensation payment.
C. Employees will lose no time or pay and will not be entitled to use charged any sick leave for time lost by reason of any such disabilityrequired visits or return visits to the employer's medical clinic or employee's treating physician. It is expected that follow-up doctor visits, therapy, etc. will be scheduled after work hours when appointments are available.
(b) D. An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick on worker’s compensation leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled considered terminated if s/he cannot return to an advance as described above, provided work after two (2) years from the employee has sufficient annual vacation or other banked credits to repay date of the advanceoriginal leave.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. The provisions of the Worker's Disability Compensation Act of the State of Michigan shall apply in all accidents or injuries to employees in the course of employment. Each full-time employee who is unable to work as a result of an injury arising out of the course of his or her employment shall receive one-hundred percent (a100%) Where an employee suffers from a disease or illness or incurs personal injury for one (which disease, illness or injury is hereinafter called 1) week waiting period required by the "disability") and is entitled to compensation therefor under the Workers' Worker's Disability Compensation Act, the employee which shall not be entitled chargeable to use his or her sick leave; provided, however, that whenever an employee receives Worker's Disability Compensation for the first week of injury, he or she shall pay over equal compensation to the City of Madison Heights. When Worker's Disability Compensation benefits become effective, the employee may supplement such benefits with accrued sick leave allowance or vacation in that order up to the dollar amount of regular compensation received for a thirty-seven and one-half (37 1/2) hour work week where there are credits in the sick leave or vacation account. Sick leave may be used in amounts of less than half-day supplement pay up to thirty-seven and one-half (37 1/2) hours per week. When sick leave allowance or vacation is exhausted, further payments shall then be limited to the amount provided under the provisions of the Worker's Disability Compensation Act. An employee will not suffer loss of pay for time lost spent for doctor visits as a result of job related injury or illness. Such visits will only be allowed after approval by reason supervisor, unless scheduled on employee's time. Any employee who sustains a job related injury and has exhausted his or her earned leave time, shall accrue all fringe benefits (including sick and vacation days) not to exceed three (3) months from date of any such disability.
(b) injury or illness, or after having exhausted sick and vacation benefits whichever is latest. Provided, however, that the City shall continue to pay hospitalization insurance premiums through the twelfth month following the injury. An employee, whose claim employee injured on other gainful employment outside of City employment shall not be eligible for WorkSafeBC temporary worker's disability compensation benefits is accepted from the City. In no case shall compensation received by the WorkSafeBC, shall assign employee from all City insurance and City sources exceed the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Planactual wage. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.LIFE INSURANCE
Appears in 1 contract
Samples: Master Agreement
Workers’ Compensation. The school employer shall provide Worker's Compensation Insurance. Any accident occurring within the scope of employment must be reported to the immediate supervisor who will fill out the official report form on the accident and file same with the Superintendent of Schools or his designee. Sick leave pay shall, upon the employee's request, be used for any work day not compensable by Worker's Compensation. If the first seven (a7) Where an work days are compensable by Worker's Compensation and the employee suffers from a disease or illness or incurs personal injury used sick leave in full day units, upon receipt of Worker's Compensation payment for the first seven (which disease, illness or injury is hereinafter called the "disability"7) and is entitled to compensation therefor under the Workers' Compensation Actwork days, the employee shall not be entitled return such payment to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign school corporation and the employee's WorkSafeBC cheque sick leave used for the first seven (7) work days shall be reinstated to the Employer and employee at a rate of two-thirds (2/3) day for each full day unit of sick leave used. Commencing with the Employer sixth (6th) scheduled work day if an employee is absent because of a work-related accident, the Board shall pay to such employee the difference between eighty percent (80%) of the employee's approximate net salary.
(i) During a daily rate and the amount paid by Worker's Compensation for the period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to commencing with the employee, provided 's sixth (6th) scheduled work day through the employee's fiftieth (50th) scheduled work day and during this forty-five (45) scheduled work day period no deductions shall be made from the employee's sick leave days including accumulated days. If the employee is eligible continues beyond the fiftieth (50th) scheduled work day to qualify for benefits under Worker's Compensation Law, commencing with the Accumulated Sick Leave Plan employee's fifty-first (51st) scheduled work day, upon the employee's request, sick leave pay shall be used for any day which is compensable by Worker's Compensation on a pro-rata basis (1/3 day) to make up the difference between the employee's daily rate and the amount paid by Worker's Compensation. Physician required appointments for follow-up care relative to injuries sustained while on the job within the scope of the employee's responsibilities which cannot be scheduled other than during the employee's scheduled work day will be allowed without loss of pay or the Long Term Disability Planreduction of sick leave benefits. “Regular salary” is defined as an amount approximately equivalent to the net pay that When an employee would have received is absent because of an injury which qualifies for Worker’s Compensation, the employer shall continue for the first eighteen (18) months of such absence if to pay the absence had been treated premium amounts as sick leave under specified in Article 16, Sections A and B, toward the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where insurance coverages in which the employee has no accumulated sick leave credits or where was enrolled at the Long Term Disability Plan does not accept time the sick leave claiminjury occurred. Commencing with the nineteenth (19th) month of such absence, the employee shall be entitled have the right to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancecontinue such insurance coverages at his own expense.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where A. The Employer agrees to purchase and maintain in force sick leave injury insurance to cover all employees for work loss due to injuries received on the job.
B. When an employee suffers from is absent on a disease work related injury or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Actillness, the employee shall not retain his or her Worker’s Compensation disability checks and receive an addition thereto a salary differential from which normal deductions shall be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC taken. The salary differential shall be paid during the period that the temporary disability benefits is accepted by the WorkSafeBC, are received and all adjustments shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided be made after the employee is eligible for benefits under returns to work in the Accumulated Sick Leave Plan or the Long Term Disability Planevent of an overpayment/underpayment. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claimIn this fashion, the employee shall be entitled able to an advance as described abovereceive the Worker’s Compensation check and salary differential such that the full salary shall be paid during this period, provided but to comply with the IRS and Division of Pension regulations, the normal withholding shall be taken only on the salary difference.
C. Sick leave injury will not be charged to the employee’s sick leave. Worker’s Compensation and workplace accident reports must be filed with the designated County Worker’s Compensation Official no later than the second work day after injury occurred. The department head should also be notified immediately following a workplace accident or after hours accident when on County business.
D. The insurance carrier will issue the Worker’s Compensation checks to the County for disbursement to the employee. The County will insure the timely disbursement of these checks upon receipt. The employer will issue to the employee, the portion representing the difference between the compensation payment and the employee’s full salary.
E. The Employer or the sick leave insurance carrier at their discretion may, at any time, require the employee has sufficient annual vacation on sick leave injury time to submit to a physical examination by a physician of the Employer’s or other banked credits to repay the advanceinsurance carrier’s choice.
(ii) Following a decision F. If workers comp sick leave is not approved by WorkSafeBC the Employer and/or insurance carrier after examining all evidence submitted by the employee, witnesses to accept the accident, or disallow an employee’s claimexamining physician if requested, the time involved during which the employee was absent shall be charged to his sick leave balance, or vacation balance, if any, otherwise the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to suffer loss of pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) abovefor such time loss.
G. A total amount of up to one (d1) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day year’s compensation shall be paid by the Employersick leave injury insurance for work loss caused by an injury received on the job, provided the aforesaid requirements are complied with.
H. A doctor’s certificate authorizing an employee to return to work shall be required upon returning to work from sick leave injury or after receiving Worker’s Compensations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. A permanent non-safety employee shall receive eighty-six percent (a86%) Where an employee suffers from of regular monthly salary for all accepted claims filed with the County on or after January 1, 2000.
A. There is a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the three calendar day waiting period before Workers' Compensation Actbenefits commence. If the injured worker loses any time on the day of the injury, that counts as day one of the waiting period. If the injured worker does not lose time on the date of the injury, the waiting period will be the first three (3) calendar days the employee does not work as a result of the injury. The time the employee is scheduled to work during this waiting period will be charged to the employee's sick leave and/or vacation accruals. In order to qualify for Workers' Compensation the employee must be under the care of a physician. Temporary compensation is payable on the first three (3) days of disability when the injury necessitates hospitalization, or when the disability exceeds fourteen (14) days. A permanent employee shall continue to receive during any period of compensable temporary disability not to exceed one year. "Compensable temporary disability absence" for the purpose of this Section, is any absence due to work connected disability which qualifies for temporary disability compensation set forth in . When any disability becomes medically permanent and stationary, the salary provided by this Section shall terminate. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which continuing pay is received. Employees shall be entitled to use sick leave a maximum of one (1) year of continuing pay benefits for time lost by reason of any such disabilityone injury or illness.
B. Continuing pay begins at the same time that temporary Workers' Compensation benefits commence and continues until either the member is declared medically permanent/stationary, or until one (b1) An employeeyear of continuing pay, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, whichever comes first provided the employee remains in an active employed status. Continuing pay is eligible for benefits under automatically terminated on the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that date an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Planis separated from County service by resignation, retirement, layoff, or the Long Term Disability Planemployee is no longer employed by the County. In these instances, whichever would have employees will be paid Workers’ Compensation benefits as prescribed by Workers’ Compensation laws. All continuing pay will be cleared through the County Administrator's Office, Risk Management Division. Whenever an employee who has been applicable injured on the job and has returned to work is required by an attending physician to leave work for treatment during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, working hours the employee shall be entitled allowed time off up to an advance as described above, provided three (3) hours for such treatment without loss of pay or benefits/herbecomes Said visits are to be scheduled contiguous to either the employee has sufficient annual vacation beginning or other banked credits end of the scheduled work day whenever possible. This provision applies only to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions injuries/illnesses that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid have been accepted by the EmployerCounty as work related.
Appears in 1 contract
Samples: Memorandum of Understanding
Workers’ Compensation. (a) Where If an employee suffers from a disease or illness SUCCESS employee qualifies for Workers’ Compensation benefits, and the employee or incurs personal injury (which diseaseSUCCESS employee elects to have the Employer supplement the benefits, illness the following procedures shall apply:
1. The Employer shall pay the employee or injury is hereinafter called SUCCESS employee the "disability") employee’s or SUCCESS employee’s regular rate of pay for the number of days the employee or SUCCESS employee has accumulated as medically related disability leave.
2. The employee or SUCCESS employee shall endorse and is entitled to compensation therefor under assign the Workers' ’ Compensation Actpayments to the Employer for that period of time.
3. Should the Workers’ Compensation benefits be one-third or less the employee’s or SUCCESS employee’s regular rate of pay, a full day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be more than one-third but less than two-thirds the regular rate of pay, one-half day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be two-thirds or more of the regular rate of pay, no accumulated medically related disability leave shall be deducted for each day of absence.
4. The employee or SUCCESS employee shall retain the Workers’ Compensation payments for periods of time following exhaustion of accumulated medically related disability leave. If any employee qualifies for Workers’ Compensation benefits, and the employee elects not to have the Employer supplement the benefit, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employeeretain the Workers’ Compensation benefits, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay make no deduction from the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary ’s accumulated medically related disability benefits, leave. The employee shall notify the Employer will advance “regular salary” or his/her option within three days of receipt of the Employer’s notice to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Planelect such option. “Regular salary” is defined Failure to report within such time limit shall be treated as an amount approximately equivalent election not to have the net pay that an employee would have received for Employer supplement the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancebenefits.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Comprehensive Agreement
Workers’ Compensation. An employee who in the line of duty incurs an injury for which he/she qualifies for benefits under the Worker's Compensation Act shall be paid during the period of disability, provided that:
1. All injuries and/or disabilities which are claimed to be job related, no matter how slight, are to be reported immediately to the immediate supervisor. All potential claims against Xxxxxx's Compensation should be documented within twenty-four (a24) Where an employee suffers from a disease hours of the occurrence or illness or incurs personal injury (which disease, illness or injury is hereinafter called as soon as practical by completing the "disability") Report of Injury to Employee" form.
2. Verification of disability and is entitled the relationship between the disability and employment may be required. Such verification shall be from medical personnel approved by or satisfactory to compensation therefor under the Workers' Compensation Act, Board.
3. The employee will be paid his/her normal daily wages for the employee shall not time off necessary because of a confirmed job-related injury. This time off will NOT be entitled charged to use the employee's sick leave for time lost the day of the injury or, if needed, the six (6) work days following. The need for such absence will be based on medical verification from the Board's doctor or a doctor approved by reason of any such disabilitythe Executive Director for Human Resources. If the doctor recommends that the employee work "with restrictions", the supervisor will consult with the employee and the supervisor will make the final determination if the employee will be allowed to work under the conditions stated by the doctor.
(b) An employee, whose claim 4. If the employee is absent from work for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim time that would qualify the employee for WorkSafeBC temporary disability benefits"loss in income" benefits from Worker's Compensation, the Employer wage benefits received by the employee for the first seven (7) days will advance “regular salary” be reimbursed to the Board.
5. Once "loss of income benefits" is available to the employee, provided the Board will pay the employee is eligible the difference between the amount received from Worker's Compensation and the amount of daily base wages normally paid to the employee. The amount paid by the Board will be charged on a prorated basis to the employee's available sick leave. Said sick-leave benefit shall not be paid for benefits under a longer period than the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately period equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where as heretofore determined in this Article. The employee shall not lose earned sick-leave time for that percentage of time compensated under the Long Term Disability Plan does not accept Worker's Compensation insurance plan.
6. Once an accident claim has been filed with the Board, it will be the Board's responsibility to file the claim with the Worker's Compensation insurance carrier if the injury was job related. After the claim is filed with the insurance company, all claims, problems, reimbursements, etc. must be worked out directly between the employee and the insurance company.
7. Board paid insurance’s will continue during a Worker's Compensation disability until earned sick leave claimis exhausted, plus 60 calendar days.
8. An employee absent because of a work-related injury will be reemployed in his/her former position if the return to work is authorized by medical personnel approved by the Board and the return is within one (1) year of their initial absence. If the date of return exceeds the one (1) year period, the employee shall will be entitled reemployed to an advance as described above, provided any vacant position for which they are qualified if they are medically recommended for return to work during the second year. The Board will work cooperatively with the Worker's Compensation company and the employee has sufficient annual vacation or regarding retraining for jobs in other banked credits to repay the advanceclassifications.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where 1. The Town of Xxxxxxx shall purchase and pay the premiums for New Hampshire Xxxxxxx’x Compensation, the benefits of which will be available to all employees regardless of their classification.
2. Employees must report all injuries received while on duty to the Chief or immediate supervisor as soon as possible after an occurrence, and be responsible for filing form 8WC which can be obtained from the Chief.
3. The Town, and/or its Worker’s Compensation carrier, retains the right to request updated medical information during the disability. If a medical exam is requested, the Town or carrier shall use a qualified doctor.
4. A Worker’s Compensation claim which results in lost time must be supported by a doctor’s statement outlining the nature of the disability and if possible the length of the disability.
5. An employee suffers from utilizing Workers Compensation benefits shall advise the Chief immediately upon receiving a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled medical clearance to compensation therefor under the Workers' Compensation Actreturn to work including work in a light duty capacity.
6. Prior to returning to work, the employee shall not be entitled provide a doctor’s statement clearing the employee’s return to use sick leave for time lost by reason of any such disabilityhis/her regular duties.
7. An employee out on Worker’s Compensation from the Town may not perform work for another employer.
8. In the event that an employee fails to sign over to the Town any Worker’s Compensation check(s) due to the Town under this Article, the Town shall have no further obligation to pay the employee hereunder, unless and until the employee fulfills his/her obligation by signing over said checks to the Town.
9. While on Workers’ Compensation leave, employees shall continue to accumulate seniority and will remain eligible for full benefits, up to a maximum of fifty-two (b52) An employeeweeks.
10. All employees who are injured or incur a job related illness while in the performance of their duties shall receive 100% of his/her normal base pay (normal budgeted pay less normal deductions, whose claim not including overtime) while on injury leave.
11. The first several weeks are adjustment weeks when the employee is awaiting the decision of the Worker’s Compensation carrier and the receipt of worker’s compensation payments. During the initial period, the Town will continue to issue the employee a check for WorkSafeBC temporary disability his/her normal base pay, less all normal deductions.
12. All Workers’ Compensation benefits is accepted received retroactively by an employee for a period during which the Town was providing normal base pay in accordance with this Article will be assigned by the WorkSafeBC, shall assign employee (“sign over” the employee's WorkSafeBC cheque checks) to the Employer and the Employer Town to reimburse them in part for their advancing of such benefits. No employee shall pay the employee's approximate net salarythus earn more on Workers’ Compensation than they would have, had they been working.
(i) During a period 13. Upon acceptance by Worker’s Compensation and receipt of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefitsbenefit payments, the Employer Town will advance “regular salary” to reimburse the employee for all Medicare, Social Security (if applicable), and retirement deductions taken as part of the Worker’s Compensation share of the initial payments made by the Town.
14. In the event that the Worker’s Compensation check received by the employee is less than 100% of normal base pay, the Town will issue a separate check for the difference making deductions for F.I.T., Retirement, FICA and voluntary deductions as approved by the employee, provided and the employee shall keep the entire Worker’s Compensation check.
15. In the event that Worker’s Compensation check is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claimgreater than 100% of normal base pay, the employee shall keep the entire check, and the Town will make no supplemental payment.
16. If an employee is denied benefits he/she must repay the Town for all compensation received from the Town. Repayment will be entitled to an advance as described aboveaccomplished by charging Earned Time accumulations, provided both current and future, until the overpayment has been rectified, provided, however, that any repayment of sums due from accrued Earned Time will not be reduced below the level where the employee has sufficient annual vacation or other banked credits to repay the advancecannot take at least one week of Earned Time leave each year.
17. Employees out on Workers Compensation will remain responsible for payment of all their weekly health insurance co-payment, health spending, and dependant care deduction amounts. If an employee is not receiving any supplemental payment from the Town (ii) Following a decision by WorkSafeBC to accept with or disallow an employee’s claim, without the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(suse of Earned Time or Pool Time), they shall make arrangements with the payroll department to pay in accordance with these deductions through the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, use of cash or checks payable to the extent necessary, Town’s health insurance third party administrator and the advance paid under paragraph (c)(i) aboveTown of Xxxxxxx Expendable Health Trust.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where 16.01 An Employee who is incapacitated and unable to work as a result of an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called accident sustained while on duty in the "disability") and is entitled to compensation therefor under service of the Employer within the meaning of the Workers' Compensation ActAct shall continue to receive their base salary from the Employer, less regular deductions, provided they assign over to the Employer their compensation payments due from the Workers' Compensation Board for time lost as a result of the accident.
16.02 Should the Employee's claim be disallowed by the Workers' Compensation Board, then any moneys paid by the Employer shall be either charged against the Employee's accumulated sick leave credits, or if the Employee has no sick leave credits, the employee amount so paid shall be recovered from the Employee over a reasonable period of time.
16.03 When an Employee is absent on a Workers' Compensation claim, all benefits of this Agreement will continue to accrue for a period of two (2) years except as set out under Article 16.04 below.
16.04 An Employee who is absent on a Workers Compensation claim will accrue annual vacation, sick leave, service credits for salary increments for the first year of the absence. They will not be paid for Paid Holidays during the entire period of the absence. However, service credits for the purpose of calculating future vacation entitlement will continue to accrue. If applicable, Employees will be entitled to use sick leave for time lost by reason of any such disabilityinsured benefits and pension in accordance with regulations under thoseplans.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted 16.05 All workplace accidents should be reported by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer Employee and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during timelines prescribed by the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveWorkers Compensation Act and regulations.
(d) Where an employee becomes entitled to 16.06 An Employee who has been receiving Workers' Compensation benefits and payment who is not made for able to return to work will provide the first day or part dayEmployer with at least (2) weeks written notice of readiness to return to work when possible. Upon return to duty, such day or part day they shall be paid by reinstated in the Employersame or a comparable position if such is available. Accrual of seniority shall not be interrupted during such leave.
Appears in 1 contract
Samples: Collective Agreement
Workers’ Compensation. (a) Where Employees who are covered by this Agreement and become incapacitated as a result of an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called arising out of and in the "disability") and is entitled course of employment shall continue to receive in addition to compensation therefor paid or payable under the Workers' Compensation ActAct an amount sufficient to provide them with full pay while the incapacity exists and until they return to active duty, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employeeare placed on disability retirement, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is become eligible for benefits under the Accumulated Sick Leave Plan a retirement pension or the Long Term Disability Planresign. “Regular salary” is For purposes of this Article, full pay shall be defined as an amount approximately equivalent to the net pay that an employee would have received Employee's current base salary, as set forth in the attached wage schedules, plus other monetary benefits for which the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever Employee would have been applicable eligible if he or she had not become incapacitated. Full pay shall not include compensation for overtime not worked during the absenceperiod of incapacity. Where Monetary benefits for which the employee has no accumulated sick leave credits Employee's eligibility cannot be determined due to the nature of the illness or where the Long Term Disability Plan does not accept the sick leave claim, the employee injury causing incapacity shall be entitled to an advance as described abovewithheld until such determination can be made (i.e., provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee merit pay). The City shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to also pay all hospital and medical expenses in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation Act. Employees provided benefits under this Article 22 shall continue to accrue sick leave, vacation benefits and holidays, subject to maximum accumulations, during the first twelve (12) months of incapacity. Employees may receive health insurance coverage for up to thirty‐six months from the date of incapacity or until they return to active duty, are placed on disability retirement or resign, whichever comes first. Employees receiving benefits under this article shall not be charged sick leave. Employees may take vacation leave while receiving benefits under this Article, but in no case shall they receive double payment during said leave. Employees who are unable to perform regular job duties as a result of an incapacity from an illness or injury arising out of and in the course of employment, may be assigned, if available, other work normally performed by police officers or work related to work done by police officers (i.e., crime prevention, crime analysis, community policing, school liaison, etc.). Employees may agree to work which is not made for the first day normally performed by or part dayrelated to police officers. In all cases, such day or part day work and its availability shall be paid determined by the EmployerChief and approved by a qualified physician familiar with the Employee's incapacity. The City reserves the right to require an independent medical examination to determine the extent of the incapacity. Employees who are determined by a qualified physician to be unable to ever return to work, shall immediately apply for disability retirement. The City's liability to pay benefits under this section shall not be cumulative, and the City may deduct any benefits provided by Workers' Compensation or require the Employee to assign to the City the right to receive any such benefits, or to repay to the City the amount of any such benefits previously received. Each time the injured Employee is examined by his/her qualified physician, the physician shall provide a statement to the City indicating the Employee's condition and whether or not the Employee may return for regular duty. When the physician certifies the Employee to be fit to return for normal duty, the Employee shall return to work on his/her next scheduled work shift as directed by the Chief or his designee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. It is recognized that the payments received as compensation by an employee injured on the job under circumstances bringing him/her within the coverage of the Xxxxxxx’x Compensation Act of the State of Washington may be less than the regular wage payments received by the employee.
(a) Where an employee suffers from a disease or illness or incurs personal injury (In the case of any on-the-job disability which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor covered by State Industrial Insurance under the Workers' Xxxxxxx’x Compensation ActAct of the State of Washington, the District will pay to such disabled employee out of his/her accumulated sick leave an allowance equal to the difference between the State Xxxxxxx’x Compensation benefits and the employee’s regular straight-time gross pay, less statutory deductions, beginning at the time of disability and continuing until the accumulated sick leave entitlement is completed expended. If the employee is still disabled after his/her earned sick leave allowance is expended, the employee shall not be entitled will revert to use sick leave for time lost only the pay coverage afforded by reason of any such disabilityState Xxxxxxx’x Compensation Insurance.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque Physician Approval of Continuing Worker’s Compensation: In order to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as receive sick leave pay under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where this section when the employee has no accumulated sick leave credits been off work for illness or where the Long Term Disability Plan does not accept the sick leave claiminjury in excess of five (5) days, the employee shall be entitled must present to an advance as described abovethe Human Resources Office by the fifteenth (15) of each calendar month, provided for each month claimed, a statement from a duly licensed medical examiner verifying that the employee was physically unable to return to work on the day(s) for which sick leave pay was claimed. VEBA III Sick Leave Contributions Retirement Eligibility Article VIII, Section 5 – VEBA Conversion Voluntary Employee’s Beneficiary Association (VEBA): The District has sufficient annual vacation or other banked credits adopted the VEBA III Sick Leave Conversion Medical Reimbursement Plan (the “Plan”) pursuant to repay RCW 28A.400.210 and agrees to make contributions to the advance.
(ii) Following a decision Plan on behalf of all employees in the collective bargaining unit who are eligible to participate in the Plan by WorkSafeBC to accept or disallow an employee’s claim, the reason of having excess sick leave conversion rights. Contributions on behalf of each eligible employee shall be entitled retroactively, subject to meeting based on the eligibility requirements under the appropriate plan(s), to pay conversion value of sick leave days accrued by such employee available for contribution on an annual basis and at retirement in accordance with the provisions statute. It is understood that all eligible employees will be required to sign and submit to the District a hold harmless agreement complying with the statute. If an eligible employee fails to sign and submit such agreement to the District, he/she will not be permitted to participate in the Plan at any time during the absence of this agreement would accrue to such employee during the term hereof shall be forfeited together with all cash conversion rights that pertain to such excess sick leave. The District and the Union agree to comply with all current Revised Codes of Washington and Administrative Codes regarding the annual option for eligible employees to convert the annual cash-out into a VEBA plan for the payment of medical expenses and/or premiums. For purposes of retirement contributions to the Plan, all employees covered by this agreement who retire during the term hereof shall be eligible, and excess sick leave shall be defined as the unused sick leave days accruing to the credit of such employee from the date of this agreement. For purposes of annual contributions to the Plan, all employees covered by this agreement who have accumulated over 180 days of unused sick leave as of the date of conversion, and also had accumulated 180 days as of one year prior to the date of conversion, shall be eligible. Excess sick leave shall be defined as the unused sick leave days that have accrued to the credit of the employee that are applicable in excess of 180 days, and the conversion value of these days shall be contributed to the Plan. Article VIII, Section 6 – Family Medical Leave Act (FMLA) Qualifications An employee, is entitled to twelve (12) work weeks of family leave during any twelve (12) month period. An employee is anyone who was employed by the Vancouver School District for at least fifty-two (52) weeks and has worked for at least 1,250 hours of service during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph previous fifty-two (c)(i52) aboveweeks.
Guidelines 1. FMLA leave may be taken: (d1) Where an because of the birth of a child and to care for a newborn child, (2) because of the placement of a child with the employee becomes for adoption or xxxxxx care, or (3) to care for a child or a spouse, parent, parent-in-law, or grandparent who has a serious health condition or (4) because of the employee’s own serious health condition. If both parents of the child are employed by the District, they together are entitled to Workers' Compensation a combined total of twelve (12) weeks of leave, and payment is not made leave may be granted to only one parent at a time. Care of Child 2. Leave taken to care for a newborn or newly adopted child must be completed within twelve (12) months after the first day birth or part day, such day or part day shall be paid adoption. The District may require confirmation by a health care provider of the Employeremployee’s need for family leave.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where When an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor being compensated under the Workers' ’ Compensation Act, the Employer shall pay a supplement to the employee equal to the difference between the earnings replacement benefits received from Workers’ Compensation and the employee’s net pre accident earnings. This supplement shall also apply to the first two days of an injury or accident for which an employee receives Workers’ Compensation benefits. It is the intent of the parties that under no circumstances shall an employee receive an increase in his/her income while in receipt of Workers’ Compensation benefits. When the supplement is being paid, the Employer shall deduct from the employee’s accumulated sick leave credits an equivalent number of sick leave hours as were paid in the supplement. When an employee’s accumulated sick leave credits are exhausted, the supplement shall cease and the employee shall not be entitled paid only the Workers’ Compensation benefits, paid directly to use sick leave for time lost the employee by reason of any such disabilityWorkers’ Compensation.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the The Employer and the Employer employee shall pay continue to cost share the employee's approximate net salarypremiums of the group health benefit plan and group life insurance while an employee is in receipt of Workers’ Compensation benefits up to a maximum period of eighteen (18) months.
(ic) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the An employee shall be entitled continue to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advanceaccrue seniority while in receipt of Workers’ Compensation benefits.
(iid) Following a decision by WorkSafeBC to accept or disallow an An employee shall accrue vacation credits while in receipt of Workers’ Compensation benefits until such time as the employee’s claim, vacation bank (including any vacation credits existing at the employee shall time of the injury) equals a maximum of one (1) year of annual vacation entitlement. Such vacation is to be entitled retroactively, subject used upon the employee’s return to meeting the eligibility requirements under the appropriate plan(s), to pay work in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveof Article 20.
(de) Where An employee shall not accrue any other benefits while on Workers’ Compensation.
(f) While an employee becomes Employee is awaiting approval of a claim for Workers’ Compensation benefits, she shall be entitled to claim sick leave benefits which are equivalent to the benefits the Employee would be paid under Workers' ’ Compensation. In the event the an Employee’s claim for Workers’ Compensation and payment benefits is not made approved, the Employee may apply for sick leave in accordance with sick leave provisions of the first day Agreement. Paid sick benefits would be limited to the sick leave accumulation then available and are conditional on the employee being able to establish to the Employer that the illness or part day, such day or part day shall be paid by injury prevents the Employeremployee from working.
Appears in 1 contract
Samples: Collective Agreement
Workers’ Compensation. An employee who in the line of duty incurs an injury for which he/she qualifies for benefits under the Worker's Compensation Act shall be paid during the period of disability, provided that:
1. All injuries and/or disabilities which are claimed to be job related, no matter how slight, are to be reported immediately to the immediate supervisor. All potential claims against Worker's Compensation should be documented within twenty-four (a24) Where an employee suffers from a disease hours of the occurrence or illness or incurs personal injury (which disease, illness or injury is hereinafter called as soon as practical by completing the "disability") Report of Injury to Employee" form.
2. Verification of disability and is entitled the relationship between the disability and employment may be required. Such verification shall be from medical personnel approved by or satisfactory to compensation therefor under the Workers' Compensation Act, Board.
3. The employee will be paid his/her normal daily wages for the employee shall not time off necessary because of a confirmed job-related injury. This time off will NOT be entitled charged to use the employee's sick leave for time lost the day of the injury or, if needed, the six (6) work days following. The need for such absence will be based on medical verification from the Board's doctor or a doctor approved by reason of any such disabilitythe Assistant Superintendent for Human Resources. If the doctor recommends that the employee work "with restrictions", the supervisor will consult with the employee and the supervisor will make the final determination if the employee will be allowed to work under the conditions stated by the doctor.
(b) An employee, whose claim 4. If the employee is absent from work for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim time that would qualify the employee for WorkSafeBC temporary disability benefits"loss in income" benefits from Worker's Compensation, the Employer wage benefits received by the employee for the first seven (7) days will advance “regular salary” be reimbursed to the Board.
5. Once "loss of income benefits" are available to the employee, provided the Board will pay the employee is eligible the difference between the amount received from Worker's Compensation and the amount of daily base wages normally paid to the employee. The amount paid by the Board will be charged on a prorated basis to the employee's available sick leave. Said sick-leave benefit shall not be paid for benefits under a longer period than the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately period equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where as heretofore determined in this Article. The employee shall not lose earned sick-leave time for that percentage of time compensated under the Long Term Disability Plan does not accept Worker's Compensation insurance plan.
6. Once an accident claim has been filed with the Board, it will be the Board's responsibility to file the claim with the Worker's Compensation insurance carrier if the injury was job related. After the claim is filed with the insurance company, all claims, problems, reimbursements, etc. must be worked out directly between the employee and the insurance company.
7. Board paid insurance’s will continue during a Worker's Compensation disability until earned sick leave claimis exhausted, plus 60 calendar days.
8. An employee absent because of a work-related injury will be reemployed in his/her former position if the return to work is authorized by medical personnel approved by the Board and the return is within one (1) year of their initial absence. If the date of return exceeds the one (1) year period, the employee shall will be entitled reemployed to an advance as described above, provided any vacant position for which they are qualified if they are medically recommended for return to work during the second year. The Board will work cooperatively with the Worker's Compensation company and the employee has sufficient annual vacation or regarding retraining for jobs in other banked credits to repay the advanceclassifications.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Master Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal Absence due to injury (which disease, illness or injury is hereinafter called incurred in the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee course of employment shall not be entitled to use charged against an Employee's sick leave for time lost by reason a period not to exceed ninety (90) calendar days from the date of any such disability.
(b) An employeeinjury. During this time, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, Employer shall assign provide full salary to the employee's WorkSafeBC cheque Employee upon the condition that the Employee shall endorse and deliver to the Employer any benefits received pursuant to NRS Chapters 616 and the Employer shall pay the employee's approximate net salary617 and any regulations adopted thereto.
(i) During a period of delay while WorkSafeBC 1. If an Employee is processing a claim for WorkSafeBC temporary disability benefitsreleased to light duty by his or her treating physician, the Employer will advance “regular salary” Employee agrees to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent return to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall work immediately and be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advanceplaced on light duty assignment.
2. If an Employee is unable to return to full duty upon the expiration of ninety (ii90) Following a decision by WorkSafeBC to accept or disallow an employee’s claimcalendar days, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC accrued compensatory leave shall be used to repay, supplement benefits in order to receive full salary. Such accrued compensatory leave shall be charged only to the extent necessarynot reimbursed pursuant to NRS Chapters 616 and 617 and any regulations adopted thereto.
3. When accrued compensatory leave has been exhausted, if the Employee is still unable to return to work, accrued sick leave shall be used to supplement benefits in order to receive full salary. Such accrued sick leave shall be charged only to the extent not reimbursed pursuant to NRS Chapters 616 and 617 and any regulations adopted thereto.
4. When accrued sick leave has been exhausted, if the Employee is still unable to return to work, accrued annual leave shall be used to supplement benefits in order to receive full salary. Such accrued annual leave shall be charged only to the extent not reimbursed pursuant to NRS Chapters 616 and 617 and any regulations adopted thereto.
5. When accrued annual leave has been exhausted, the advance Employee shall receive no additional compensation from the Employer .
6. If an Employee is leaving the Employer's employment because he or she is permanently and totally disabled under NRS Chapters 616 or 617 or any regulations adopted thereto, from working in the job classification in which he or she is employed, he or she is entitled to use any accrued compensatory time, sick leave and annual leave prior to leaving. An Employee may be paid under paragraph (c)(i) a lump sum for accrued leave if he or she requests it and the Sheriff approves it.
7. Employee benefits, sick leave and annual leave shall continue to accrue as long as the Employee is eligible for full salary as provided above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury (which diseaseFor Certain Circuit Court Juvenile Division/Juvenile Justice Center Employees: Employees in the following classifications only, illness or injury is hereinafter called shall receive hazardous duty disability compensation: Circuit Court Juvenile Division Probation Officer, Detention Diversion Worker and Juvenile Justice Center Counselor. Disability compensation for the "disability") and is entitled to compensation therefor employees in these classifications only, shall be provided under the Workers' Compensation Actfollowing conditions:
1. An employee who has incurred bodily injury arising out of and in the course of actual performance of duty in the service of the County, the which bodily injury totally incapacitates such employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employeefrom performing his/her assigned duties, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to disability compensation upon the following basis and subject to the following provisions:
a. The term "actual performance of duty" shall be defined as job assignment and job related activities that are specifically directed by or verified by the Chief Judge, Macomb County Circuit Court or designee or Department Head.
b. The employee must be eligible for and receive Worker's Compensation on account of such bodily injury.
c. The total incapacity, as above set forth, must continue for the duration of the period of compensation.
d. Any employee suffering an advance as described aboveinjury within the meaning and definition of this paragraph shall immediately notify his/her supervisor. If instructed by the supervisor, provided the injured employee shall report to a medical facility approved by the County.
e. The employee, so incapacitated, shall be continued on the County payroll during the period of disability compensation hereinafter set forth.
f. For the period during which the employee has sufficient annual vacation or other banked credits is disabled and receiving pay supplemental to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claimhis/her Worker's Compensation, the employee will accumulate seniority, Sick Leave and Annual Leave time.
g. The County shall have the right to fill the position vacated by the employee receiving Worker's Compensation, through temporary appointment or hire, for the entire period in which the position is temporarily vacant, notwithstanding Article 9, Employee Defined. A current employee filling the position on a temporary basis shall not accrue classification seniority. The position shall become a regular vacancy at the time the active employment relationship is terminated with the employee receiving Worker's Compensation.
h. An employee returning from Worker's Compensation shall be entitled retroactivelyplaced in the same position, subject provided that said employee has produced medical certification that he/she can return to meeting duty and perform the eligibility requirements essential functions of the job with or without accommodation.
i. Disability compensation shall be made to an eligible County employee in the following manner and upon the following basis:
1. The compensation received by such employee under the appropriate plan(s)Worker's Compensation Act shall be supplemented by the amount necessary to equal his/her regular salary, such payments to pay continue for a period of twenty-six (26) weeks from date of incapacitating injury. At the end of said twenty-six (26) week period the Employer shall review the disability status of the injured employee to determine if an additional twenty-six (26) week extension shall be granted, dependent upon the physical condition and ability of the employee to perform his/her assigned duties. In no event shall the period of supplementation under this provision exceed fifty- two (52) weeks from the date of incapacitating injury.
2. If the disability exists at the end of the fifty-two (52) week period, the compensation received by such employee under the Worker's Compensation Act shall be supplemented by payment from his/her accumulated Sick Leave Reserve (and the employee's Annual Leave Bank if the employee so chooses) of that amount of money necessary to equal his/her regular salary and the employee's Sick Leave Reserve (and Annual Leave Bank if the employee had so chosen) shall be charged only in accordance with the provisions that are applicable during same proportion as his/her Sick Leave Reserve (and Annual Leave Bank if the delay employee had so chosen) payment is to his/her regular wage or salary for the day, week, half-month, or other period. Such pay combined with any payments from WorkSafeBC This supplement shall continue for fifty-two (52) weeks or until the employee's Sick Leave Reserve (and annual Leave Bank if the employee had so chosen) has been depleted, whichever occurs first.
3. Upon the expiration of the one hundred four (104) weeks, an employee unable to return to duty shall be used to repay, terminated by the County. The County will have no further obligation to the extent necessaryformer employee, unless the advance paid under paragraph (c)(i) aboveemployee qualifies for and receives retirement benefits as provided in Article 24, Retirement System and the Macomb County Employees' Retirement Ordinance.
(d) Where an employee becomes entitled to Workers' Compensation 4. Any Sick or Annual Leave earned and payment is not made for the first day or part day, such day or part day accrued shall be paid to the former employee upon termination of the active employment relationship.
2. The foregoing provisions shall neither restrict nor enlarge upon the provisions and benefits accorded by the EmployerMacomb County Employees' Retirement Ordinance relative to total and permanent disability provided for therein.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury A Regular Full-Time Employee who has completed six (which disease, illness or injury is hereinafter called the "disability"6) months of continuous service and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC WCB temporary disability benefits is accepted by the WorkSafeBCWCB, shall assign the employee's WorkSafeBC cheque all monies received from WCB to the Employer and the Employer shall pay the employee's ’s approximate net salary.
salary calculated on the employee’s regular classified rate of pay, subject to paragraph (ic) During a period of delay while WorkSafeBC is processing below. While a claim for WorkSafeBC WCB temporary disability benefitsbenefits is pending, the Employer employee will advance “regular salary” to the employee, provided the employee is be eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow WCB subsequently accepts an employee’s claim, the employee employee’s pay shall be entitled retroactively, subject to meeting recalculated retroactive for the eligibility requirements under period of the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveWCB claim.
(db) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part dayday is not paid by the Workers’ Compensation Board, such this day or part day shall be paid by the Employer.
(c) Employees receiving Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior to employment with the Employer shall be paid wage loss directly by WCB.
(d) Where an employee is absent on Long Term Disability and/or WCB in excess of one (1) year, the employee’s annual vacation pay shall be prorated by the period of absence that exceeds one (1) year and the employee shall not accrue vacation for the period of absence that exceeds one (1) year.
(e) Where the WCB ceases paying temporary disability benefits to an employee and the employee is unable to return to work, the time absent on WCB shall be integrated with the Sick Leave and Long Term Disability Plans and the employee shall be placed on the appropriate Plan at the point reached when WCB payments ceased.
Appears in 1 contract
Samples: Collective Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under In accordance with the Workers' Compensation Act, when an employee sustains an injury in the course of his duties with the Employer that causes the employee to be absent from work, the employee and employer shall not be entitled to use sick leave complete the required forms for time lost by reason of any such disability.
(b) An employee, whose Workers' Compensation. If the claim for WorkSafeBC temporary disability benefits is accepted approved by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claimWorkers' compensation Board, the employee shall be entitled paid his regular salary during the period he is required to remain off work up to (85) consecutive work days. If an advance as described aboveemployee is granted a total disability pension during this period or is unable to work when this period expires, he shall then receive the benefits available to him under the Workers' Compensation Act and the benefit provided under the Employer's Long Term Disability Income Benefits Plan, if eligible. The eligibility period specified in Clause shall not apply in the event of a reoccurrence of a disability due to a previously claimed injury, unless the employee has sufficient annual vacation or other banked credits not used the total eligibility period in which case the unexpended period of eligibility may be applied. When a day designated as a paid holiday under Article falls within a period of time an employee is eligible to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claimreceive Workers' Compensation, the employee it shall be entitled retroactivelycounted as a day of Workers' Compensation, subject to meeting the eligibility requirements and under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC no circumstances shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled receive any additional entitlement in respect of that day. An employee who is injured on the job during working hours and who is required to leave the job site for treatment, or is sent home as a result of such accident or injury, shall not suffer loss of pay for that day's work, regardless of the time of injury. A recipient of Workers' Compensation and payment benefits who at the commencement of absence from work pursuant to Clause is not made for participating in Alberta Health Care, Extended Medical, Group Life Insurance, Dental, or Plans shall continue to be covered under these plans throughout the first day or part day, such day or part day period the employee is receiving Workers' Compensation benefits. Premium contributions shall continue to be paid by the Employer.Employer and the employee as outlined in Articles and
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. An employee who in the line of duty incurs an injury for which he/she qualifies for benefits under the Worker's Compensation Act shall be paid during the period of disability, provided that:
1. All injuries and/or disabilities which are claimed to be job related, no matter how slight, are to be reported immediately to the immediate supervisor. All potential claims against Xxxxxx's Compensation should be documented within twenty-four (a24) Where an employee suffers from a disease hours of the occurrence or illness or incurs personal injury (which disease, illness or injury is hereinafter called as soon as practical by completing the "disability") Report of Injury to Employee" form.
2. Verification of disability and is entitled the relationship between the disability and employment may be required. Such verification shall be from medical personnel approved by or satisfactory to compensation therefor under the Workers' Compensation Act, Board.
3. The employee will be paid his/her normal daily wages for the employee shall not time off necessary because of a confirmed job-related injury. This time off will NOT be entitled charged to use the employee's sick leave for time lost the day of the injury or, if needed, the seven (7) work days following. In the event the seven-(7) day waiting period provided by reason of any law changes, the seven-(7) day waiting period will be adjusted accordingly. The need for such disabilityabsence will be based on medical verification from the Board's doctor or a doctor approved by the Executive Director for Human Resources. If the doctor recommends that the employee work "with restrictions", the supervisor will consult with the employee and the supervisor will make the final determination if the employee will be allowed to work under the conditions stated by the doctor.
(b) An employee, whose claim 4. If the employee is absent from work for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim time that would qualify the employee for WorkSafeBC temporary disability benefits"loss of income" benefits from Worker's Compensation, the Employer wage benefits received by the employee for the first seven (7) days will advance “regular salary” be reimbursed to the Board.
5. Once "loss of income benefits" are available to the employee, provided the Board will pay the employee is eligible the difference between the amount received from Worker's Compensation and the amount of daily base wages normally paid to the employer. The amount paid by the Board will be charged on a prorated basis to the employee's available sick leave. Said sick-leave benefit shall not be paid for benefits under a longer period than the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately period equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where as heretofore determined in this Article. The employee shall not lose earned sick-leave time for that percentage of time compensated under the Long Term Disability Plan does not accept Worker's Compensation insurance plan.
6. Once an accident claim has been filed with the Board, it will be the Board's responsibility to file the claim with the Worker's Compensation insurance carrier if the injury was job related. After the claim is filed with the insurance company, the Board and employee will work with the insurance company concerning all claims, problems, reimbursements, etc.
7. Board paid insurance’s will continue during a Worker's Compensation disability until earned sick leave claimis exhausted, plus 80 calendar days.
8. An employee absent because of a work-related injury will be reemployed in his/her former position if the return to work is authorized by medical personnel approved by the Board and the return is within eighteen (18) months of their initial absence. If the date of return exceeds the eighteen (18) month period, the employee shall will be entitled reemployed to an advance as described above, provided any vacant position for which they are qualified if they are medically recommended for return to work during the next twelve months. The Board will work cooperatively with the Worker's Compensation Company and the employee has sufficient annual vacation or regarding retraining for jobs in other banked credits to repay the advanceclassifications.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Master Agreement
Workers’ Compensation. (a) Where an A permanent non-safety employee suffers from a disease shall continue to receive the appropriate percent regular monthly salary, for all accepted claims filed before January 1, 2000, during any period of compensable temporary disability absence not to exceed one year. For all accepted claims filed with the County on or illness or incurs personal injury (which diseaseafter January 1, illness or injury is hereinafter called 2000, the "disability") and is percentage of pay for employees entitled to compensation therefor Workers’ Compensation shall be decreased from 87% to 86%. For all accepted claims filed with the County on or after January 1, 2007, the percentage of regular monthly salary for employees entitled to Workers’ Compensation shall be decreased from eighty-six percent (86%) to eighty percent (80%). For all accepted claims filed with the County on or after January 1, 2008, the percentage of regular monthly salary for employees entitled to Workers’ Compensation shall be decreased from eighty percent (80%) to seventy-five percent (75%). This provision excludes those safety employees entitled to benefits as defined under the Workers' Compensation ActLaws of California, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability PlanLabor Code Section 4850. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to If Workers' Compensation becomes taxable, the County agrees to restore the original benefit level (100% of monthly salary) and payment is not made the parties shall meet and confer with respect to funding the increased cost.
A. Employees who leave work as a result of an on-the-job injury will have the balance of that day charged to continuing pay. This will be considered as the last day worked for purposes of determining Workers' Compensation benefits. A permanent employee shall receive the authorized percentage of regular salary during any period of compensable temporary disability absence. "Compensable temporary disability absence" for the first day or part daypurpose of this Section, such day or part day is any absence due to work-connected disability which qualifies for temporary disability compensation as set forth in Part 2, Article 3 of the Workers’ Compensation Laws of California. When any disability becomes permanent, the salary provided in this Section shall terminate. The employee shall return to the County all temporary disability payments received by him/her from any County funded wage replacement program. No charge shall be paid by made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which salary payments are made. The maximum period for the Employerdescribed salary continuation for any one injury or illness shall be one year from the date of temporary disability.
Appears in 1 contract
Samples: Memorandum of Understanding (Mou)
Workers’ Compensation. (a) Where an An employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury who is hereinafter called the "disability") and is entitled to compensation therefor under determined by the Workers' ’ Compensation ActBoard to be disabled as a result of an on-the-job injury or occupation-related illness shall incur no loss of whatever sick leave, vacation leave or personal leave the employee may have. The employee shall receive full pay for such leave with the Workers’ Compensation payment going to the Board. When the employee’s leave credits are exhausted, the employee shall not receive the Workers’ Compensation payment and no payment shall be entitled made by the Board. If the employee has used sick leave, vacation leave or personal leave pending the determination of the Workers’ Compensation Board and the Workers’ Compensation Board determines that the disability is work related, the Board shall restore to use the employee whatever sick leave, personal leave or vacation leave that has been used by the employee in proportion to the amount awarded by the Workers’ Compensation Board. For example, if the weekly benefit afforded by the Workers’ Compensation Board is in the amount of one-half the pay of the employee, then one-half of sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, or personal leave or vacation leave shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” be restored to the employee, provided . If the Board should determine from the first day of the disability that it is work related then the procedure set forth in the first paragraph shall apply. That is the employee is eligible will be paid full pay for benefits under the Accumulated Sick Leave Plan whatever sick leave, vacation leave or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick personal leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick may have and the Board shall receive the Workers’ Compensation payment. When the employee’s leave credits or where the Long Term Disability Plan does not accept the sick leave claimare exhausted, the employee shall receive the Workers’ Compensation payment and no payment shall be entitled made by the Board. If leave credits are restored to an advance as described the employee pursuant to the second paragraph above, provided such restored leave credits may not again be used for any future absences attributable to the same disability or to any disability causally related to the accident or occupational illness out of which the initial award arose, unless the recurrence of such disability or occupational illness comes more than six months after the initial disability or illness has ended. In order to enable the Board to make such determinations as it deems to be necessary or useful with regard to any injury or illness alleged to be covered by the provisions of the Workers’ Compensation Law, the Board may require the employee has sufficient annual vacation to be examined at any time by a physician or other banked credits specialist designated by it. Notice of such examination, and of the date, time, and place thereof, shall be given to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactivelyby mailing him or her a notice by regular mail, subject addressed to meeting the eligibility requirements under the appropriate plan(s)him or her at his or her residence address, to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid as shown by the Employerrecords of the Board, setting forth the name of the physician or specialist who is to examine him or her and the date, time, and place of such examination.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. The school employer shall provide Worker's Compensation Insurance. Any accident occurring within the scope of employment must be reported to the immediate supervisor who will fill out the official report form on the accident and file same with the Superintendent of Schools or his designee. Sick leave pay shall, upon the employee's request, be used for any work day not compensable by Worker's Compensation. If the first seven (a7) Where an work days are compensable by Worker's Compensation and the employee suffers from a disease or illness or incurs personal injury used sick leave in full day units, upon receipt of Worker's Compensation payment for the first seven (which disease, illness or injury is hereinafter called the "disability"7) and is entitled to compensation therefor under the Workers' Compensation Actwork days, the employee shall not be entitled return such payment to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign school corporation and the employee's WorkSafeBC cheque sick leave used for the first seven (7) work days shall be reinstated to the Employer and employee at a rate of two-thirds (2/3) day for each full day unit of sick leave used. Commencing with the Employer sixth (6th) scheduled work day if an employee is absent because of a work-related accident, the Board shall pay to such employee the difference between eighty percent (80%) of the employee's approximate net salary.
(i) During a daily rate and the amount paid by Worker's Compensation for the period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to commencing with the employee, provided 's sixth (6th) scheduled work day through the employee's fiftieth (50th) scheduled work day and during this forty-five (45) scheduled work day period no deductions shall be made from the employee's sick leave days including accumulated days. If the employee is eligible continues beyond the fiftieth (50th) scheduled work day to qualify for benefits under Worker's Compensation Law, commencing with the Accumulated Sick Leave Plan employee's fifty- first (51st) scheduled work day, upon the employee's request, sick leave pay shall be used for any day which is compensable by Worker's Compensation on a pro-rata basis (1/3 day) to make up the difference between the employee's daily rate and the amount paid by Worker's Compensation. Physician required appointments for follow-up care relative to injuries sustained while on the job within the scope of the employee's responsibilities which cannot be scheduled other than during the employee's scheduled work day will be allowed without loss of pay or the Long Term Disability Planreduction of sick leave benefits. “Regular salary” is defined as an amount approximately equivalent to the net pay that When an employee would have received is absent because of an injury which qualifies for Worker’s Compensation, the employer shall continue for the first eighteen (18) months of such absence if to pay the absence had been treated premium amounts as sick leave under specified in Article 16, Sections A and B, toward the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where insurance coverages in which the employee has no accumulated sick leave credits or where was enrolled at the Long Term Disability Plan does not accept time the sick leave claiminjury occurred. Commencing with the nineteenth (19th) month of such absence, the employee shall be entitled have the right to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancecontinue such insurance coverages at his own expense.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where An employee absent from duty due to injuries received in the performance of their duties and not caused by the employee's willful misconduct as determined by WorkSafeBC, or, an employee suffers absent from a disease or duty due to illness or incurs personal injury (which diseasedisease resulting from the nature of their employment, illness shall receive full salary from the City until the termination of temporary total or injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Acttemporary partial disability payments from WorkSafeBC, but monies received by the employee from WorkSafeBC for said period of absence during which the employee receives full salary shall not be entitled remitted to use sick leave the City by the employee, if paid to the employee, or, on notice to WorkSafeBC by the City be paid by WorkSafeBC directly to the City. For the purposes of this Article 7.7 "full salary" means the salary received (including salary for acting in a senior capacity) at the time lost by reason of any such disabilitythe injury.
(b) An employeeNotwithstanding Subsection (a) above, whose claim for WorkSafeBC temporary disability benefits is accepted an employee absent from duty due to injuries received in the performance of their duties and not caused by the WorkSafeBC, shall assign the employee's willful misconduct as determined by WorkSafeBC, or, an employee absent from duty due to illness or disease resulting from the nature of their employment, shall receive normal net take-home pay (as opposed to gross regular pay) from the City until the termination of temporary total or temporary partial disability payments from WorkSafeBC, but monies received by the employee from WorkSafeBC cheque for said period of absence during which the employee receives full salary shall be remitted to the Employer and the Employer shall pay City by the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” if paid to the employee, provided or, on notice to WorkSafeBC by the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent City, be paid by WorkSafeBC directly to the City. For the purposes of this Article 7.7 "normal net take-home pay" means the normal net take-home pay received (including pay for acting in a senior capacity) at the time of the injury. Similarly, in the event that an employee would have received was scheduled to act in a higher capacity at any time during the period of the compensable absence, then for such period(s) that they were scheduled to so act, "normal net take-home pay" shall be retroactively calculated based upon the rate in effect for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, higher capacity class or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancerank.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Collective Agreement
Workers’ Compensation. An employee who in the line of duty incurs an injury for which he/she qualifies for benefits under the Worker's Compensation Act shall be paid during the period of disability, provided that:
1. All injuries and/or disabilities which are claimed to be job related, no matter how slight, are to be reported immediately to the immediate supervisor. All potential claims against Xxxxxx's Compensation should be documented within twenty-four (a24) Where an employee suffers from a disease hours of the occurrence or illness or incurs personal injury (which disease, illness or injury is hereinafter called as soon as practical by completing the "disability") Report of Injury to Employee" form.
2. Verification of disability and is entitled the relationship between the disability and employment may be required. Such verification shall be from medical personnel approved by or satisfactory to compensation therefor under the Workers' Compensation Act, Board.
3. The employee will be paid his/her normal daily wages for the employee shall not time off necessary because of a confirmed job-related injury. This time off will NOT be entitled charged to use the employee's sick leave for time lost the day of the injury or, if needed, the six (6) work days following. The need for such absence will be based on medical verification from the Board's doctor or a doctor approved by reason of any such disabilitythe Assistant Superintendent for Human Resources. If the doctor recommends that the employee work "with restrictions", the supervisor will consult with the employee and the supervisor will make the final determination if the employee will be allowed to work under the conditions stated by the doctor.
(b) An employee, whose claim 4. If the employee is absent from work for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim time that would qualify the employee for WorkSafeBC temporary disability benefits"loss in income" benefits from Worker's Compensation, the Employer wage benefits received by the employee for the first seven (7) days will advance “regular salary” be reimbursed to the Board.
5. Once "loss of income benefits" is available to the employee, provided the Board will pay the employee is eligible the difference between the amount received from Worker's Compensation and the amount of daily base wages normally paid to the employee. The amount paid by the Board will be charged on a prorated basis to the employee's available sick leave. Said sick-leave benefit shall not be paid for benefits under a longer period than the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately period equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where as heretofore determined in this Article. The employee shall not lose earned sick-leave time for that percentage of time compensated under the Long Term Disability Plan does not accept Worker's Compensation insurance plan.
6. Once an accident claim has been filed with the Board, it will be the Board's responsibility to file the claim with the Worker's Compensation insurance carrier if the injury was job related. After the claim is filed with the insurance company, all claims, problems, reimbursements, etc. must be worked out directly between the employee and the insurance company.
7. Board paid insurance’s will continue during a Worker's Compensation disability until earned sick leave claimis exhausted, plus 60 calendar days.
8. An employee absent because of a work-related injury will be reemployed in his/her former position if the return to work is authorized by medical personnel approved by the Board and the return is within one (1) year of their initial absence. If the date of return exceeds the one (1) year period, the employee shall will be entitled reemployed to an advance as described above, provided any vacant position for which they are qualified if they are medically recommended for return to work during the second year. The Board will work cooperatively with the Worker's Compensation company and the employee has sufficient annual vacation or regarding retraining for jobs in other banked credits to repay the advanceclassifications.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Master Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under In accordance with the Workers' ’ Compensation Act, when an Employee sustains an injury in the employee course of duties with the College, the Employee shall report the injury to supervisor at the place of work. For claims accepted by a Permanent or Term Employee shall be paid regular full salary during the period is required to remain off work up to eighty (80) consecutive work days. If a Permanent or Term Employee has not returned to work due to injury before the eighty work day period has expired, shall then be paid according to the rate prescribed by the Workers’ Compensation Act. The eligibility period specified in Clause shall not apply in the event of a recurrence of a disability due to a previously claimed injury, payable under this supplement, unless the Permanent or Term Employee has not used the total eligibility period in which case the unexpended period of eligibility may be applied. When a day designated as a paid holiday under Article falls within a period of time a Permanent or Term Employee is eligible to receive Workers’ Compensation Supplement, it shall be counted as a day of Workers’ Compensation Supplement, and under no circumstances shall an Employee receive any additional entitlement in respect of that day. An Employee who is injured on the job during hours and who is required to leave the job site for treatment, or is sent home as a result of such accident or injury, shall not suffer loss of pay for that day’s work, regardless of the time of injury. That day shall not be entitled deducted from the eligibility period specified in Clause The Parties agree that the Workers’ Compensation Supplement is intended only for the purpose of protecting a Permanent or Term Employee from loss of income while is unable to use sick leave for time lost by reason work because of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability injury. A Permanent or Term Employee who receives benefits and who at the commencement of absence work pursuant to Clause is accepted by participating in the WorkSafeBC, Employee Benefit Plan shall assign continue to be covered under these plans throughout the employee's WorkSafeBC cheque to period the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC Employee is processing a claim for WorkSafeBC receiving temporary disability benefits, the Employer will advance “regular salary” . Premium contributions shall continue to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the EmployerCollege and the Employee according to Article Benefit Plans.
Appears in 1 contract
Samples: Collective Agreement
Workers’ Compensation. (a) Where If an employee suffers from a disease or illness or incurs personal injury (which diseaseis injured during the performance of his duty, illness or injury is hereinafter called the "disability") and is he shall be entitled to compensation therefor under full base pay during the Workers' period of temporary disability during which he is unable to perform his duties as mutually certified by the employee’s own doctor and the BOROUGH’s doctor up to a maximum of four (4) months. During this four (4) months, the BOROUGH will pay the difference in the amount received by the employee from Worker’s Compensation Actand the employee's base pay. In practice, during this four (4) month period, the BOROUGH will issue to the employee his/her regular base salary. Upon receipt of Worker's Compensation checks, the employee shall not be entitled to use sick leave for time lost by reason of any immediately endorse same and turn such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque payments over to the Employer and BOROUGH. However, if the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay BOROUGH determines that an employee would have received for has misused this benefit, the absence if said employee may be subject to a disciplinary hearing by the absence had been treated as sick leave under BOROUGH. Upon expiration of the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claimfour (4) month period referred to above, the employee shall be entitled to an advance such Worker's Compensation benefits as described above, provided he/she may be entitled to under New Jersey law. An employee out on Xxxxxxx'x Comp injury leave during a Holiday shall not also be compensated for the Holiday. An employee has sufficient annual vacation or other banked credits to repay out on sick leave during a holiday shall not also be compensated for the advance.
(ii) Following holiday. An employee on sick leave on a decision by WorkSafeBC to accept or disallow an employee’s claimpaid holiday will not be charged for use of a sick day. In the event that any employee is injured on the job, the BOROUGH shall pay such employee shall be entitled retroactively, subject to meeting his day's wages for the eligibility requirements under day lost because of such injury. An employee who is injured on the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, job and is sent home or to the extent necessaryhospital, or who must obtain medical attention, shall receive pay at the advance paid under paragraph (c)(i) above.
(d) Where applicable hourly rate of pay for the balance of his regular shift of that day. An employee who is required by Xxxxxx's Compensation's doctors to receive additional medical treatment during his regularly scheduled working hours shall receive his regular hourly rate of pay for such time. The Borough may, in its discretion and at its sole option, require or permit an employee becomes entitled who is off on Workers’ Compensation Leave to Workers' Compensation and payment perform “light duties” if the Borough determines it is not made for the first day or part day, such day or part day shall be paid by the Employeravailable.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) 39.1 Where an employee suffers from is absent by reason of an injury or occupational disease for which a claim is made under the Workplace Safety and Insurance Act, 1997, his or her salary shall continue to be paid for a period not exceeding thirty (30) regularly scheduled working days. If an award is not made, any salary paid in excess of that to which he or she is entitled under Article 37 (Short Term Sickness Plan) shall be an amount owing by the employee to the Employer.
39.2 Where an employee is absent by reason of an injury or occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997, the employee’s salary shall continue to be paid for a period not exceeding three (3) consecutive months, or illness a total of sixty-five (65) regularly scheduled working days where such absences are intermittent, following the date of the first absence because of the injury or incurs personal injury (which occupational disease, illness and any absence in respect of the injury or injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee occupational disease shall not be entitled to use sick leave for time lost by reason of any such disabilitycharged against their credits.
(b) An 39.3 Where an award is made under the Workplace Safety and Insurance Act, 1997, to an employee that is less than the regular salary of the employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer award applies for longer than the period set out in Article 39.2, and the employee has accumulated credits, their regular salary shall pay be paid if the employee's approximate net salaryemployee so chooses, and the difference between the regular salary paid after the period set out in Article 39.2 and the compensation awarded shall be converted to its equivalent time and deducted from their accumulated credits.
39.4 Where an employee receives an award under the Workplace Safety and Insurance Act, 1997, and the award applies for longer than the period set out in Article 39.2 (ii.e. three (3) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefitsmonths), the Employer will advance “regular salary” continue subsidies for Basic Life, LTIP, Supplementary Health and Hospital and the Dental Plan. The Employer will also continue to make Pension payments, for the employee, provided period during which the employee is eligible receiving the award, if the employee continues to pay his or her share.
39.5 Where an employee is absent by reason of an injury or occupational disease for benefits which an award is made under the Accumulated Sick Leave Plan or Workplace Safety and Insurance Act, 1997, and the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to award applies for longer than the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, period set out in Article 39.2 the employee shall be entitled to elect to go on the Short Term Sickness Plan under Article 37 (Short Term Sickness Plan) as an advance as described above, provided option following the employee has sufficient annual vacation or other banked credits to repay expiry of the advanceapplication of Article 39.2.
39.6 For vacation purposes and for purposes of determining qualification for termination pay under Article 38, (iiTermination Payments) Following a decision by WorkSafeBC to accept or disallow the period of Workers’ Compensation absence is included in determining an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above's years of continuous service.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Collective Agreement
Workers’ Compensation. An employee who is absent because of a work-related disability that is compensable under the Worker's Compensation Act will be paid as follows:
(a1) Where If the absence is for seven (7) calendar days or less, the Board shall pay the employee his/her regular wages, not chargeable to the employee's accumulated sick leave bank.
(2) If the employee is absent by reason of such disability for more than seven (7) calendar days, and is eligible to receive Worker’s Compensation payments the Board shall pay the difference between the amount paid or payable pursuant to the Michigan Worker’s Compensation Act and the employee’s regular salary, not chargeable to the employee’s accumulated sick leave for a period of no more than twenty (20) days. The combined payments received by an employee suffers from a disease hereunder shall not exceed the employee’s regular salary for the period of disability. If the absence is for more than twenty (20) calendar days, the employee may elect to receive the difference between the amount or illness or incurs personal injury (which diseasepayable by the Worker's Compensation carrier and the employee's regular wages, illness or injury is hereinafter called chargeable to the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, employee's accumulated sick leave bank pro rata. The combined payments received by the employee shall not be entitled to use exceed the employee's regular wages or the accumulated sick leave for time lost by reason of any such disabilityincluding loans, if any, from the bargaining unit's sick leave bank. If the employee exhausts his/her sick leave bank but is continuing to receive payment from the Worker's Compensation carrier, the employee's insurances shall be held intact.
(b3) An employeeAll absences must be verified by a doctor's statement before any payments will commence. The doctor's statement must specify the diagnosis, whose claim for WorkSafeBC temporary disability benefits is accepted treatment recommended, and the length of time the employee will be absent.
(4) If an employee has been released by the WorkSafeBCdoctor to return to work and a follow-up visit is necessary, a doctor's statement must be submitted specifying the date of the visit. The Board shall assign pay for the absence (since this is not compensable by the Worker's Compensation carrier), not chargeable to the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salaryaccumulated sick leave bank.
(i5) During a period of delay while WorkSafeBC is processing a If the Worker's Compensation carrier disputes the claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to filed by the employee, provided the employee is eligible for benefits under expected to return to work without restriction. The employee shall retain the Accumulated Sick Leave Plan or right to file an appeal with the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as Worker's Compensation carrier and utilize his/her sick leave under the Accumulated Sick Leave Planbank, or the Long Term Disability Plan, whichever would have been applicable during the absencesubject to a doctor’s recommendation to remain off work. Where If the employee has no accumulated fails to return to work upon exhaustion of his/her sick leave credits or where the Long Term Disability Plan does not accept the sick leave claimbank, the employee shall be entitled considered on unpaid leave. An unpaid leave shall be granted for up to an advance as described aboveone (1) year. Extensions beyond one (1) year shall be at the discretion of the Employer and failure to extend the unpaid leave is not subject to the grievance procedure. However, provided the leave must be extended if the employee has sufficient annual not had his/her Worker's Compensation claim adjudicated. The employee shall not be eligible for sick leave accrual or vacation or other banked credits leave accrual and shall be responsible for the payment of his/her own insurance benefits as provided for under the COBRA Act. If the employee returns to repay work by the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claimend of the unpaid leave, the employee shall be entitled retroactivelyreinstated to his/her former position, subject or one of equal classification. If the employee fails to meeting return to work by the eligibility requirements under end of the appropriate plan(s)unpaid leave, to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC employee shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) aboveconsidered as terminated.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. A) The provisions of the Worker's Disability Compensation Act of the State of Michigan shall apply in all accidents or injuries to employees in the course of employment.
B) Each full-time employee who is unable to work as a result of an injury arising out of the course of his employment shall receive one-hundred percent (a100%) Where an employee suffers from a disease or illness or incurs personal injury for one (which disease, illness or injury is hereinafter called 1) week waiting period required by the "disability") and is entitled to compensation therefor under the Workers' Worker's Disability Compensation Act, the employee which shall not be entitled chargeable to use his sick leave; provided, however, that whenever an employee receives Worker's Disability Compensation for the first week of injury, he shall pay over equal compensation to the City of Madison Heights.
C) When Worker's Disability Compensation benefits become effective, the employee may supplement such benefits with accrued sick leave allowance or vacation (in that order up to the dollar amount of regular compensation received for a thirty-seven and one-half (37 1/2) hour work week where there are credits in the sick leave or vacation account. Sick leave may be used in amounts of less than half-day supplement pay up to thirty-seven and one-half (37 1/2) hours per week.
D) When sick leave allowance or vacation is exhausted, further payments shall then be limited to the amount provided under the provisions of the Worker's Disability Compensation Act.
E) An employee will not suffer loss of pay for time lost spent for doctor visits as a result of job related injury or illness. Such visits will only be allowed after approval by reason of any such disabilitysupervisor, unless scheduled on employee's time.
F) Any employee who sustains a job related injury and has exhausted his earned leave time, shall accrue all fringe benefits (bincluding sick and vacation days) not to exceed three (3) months from date of injury or illness, or after having exhausted sick and vacation benefits which ever is latest. Provided, however, that the City shall continue to pay hospitalization insurance premiums through the twelfth month following the injury.
G) An employee, whose claim employee injured on other gainful employment outside of City employment shall not be eligible for WorkSafeBC temporary worker's disability compensation benefits is accepted from the City.
H) In no case shall compensation received by the WorkSafeBC, shall assign employee from all City insurance and City sources exceed the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salaryactual wage.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Master Agreement
Workers’ Compensation. (a) Where An Employee who is incapacitated and unable to work as a result of an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called accident sustained while on duty in the "disability") and is entitled to compensation therefor under service of the Employer within the meaning of the Workers' Compensation ActAct shall continue to receive their base salary from the Employer, less regular deductions, provided they assign over to the employee shall not be entitled to use sick leave Employer their compensation payments due from the Workers' Compensation Board for time lost by reason as a result of any such disabilitythe accident. Base salary as referenced above shall be in accordance with the Workers Compensation Act and regulations, which may be amended from time to time.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall Employee who elects not to assign the employee's WorkSafeBC cheque their Workers' Compensation payments to the Employer may make prior arrangements for the prepayment of the full premium of any contributory health benefit plans.
16.02 Should the Employee’s claim be disallowed by the Workers' Compensation Board, then any monies paid by the Employer shall be either charged against the Employee’s accumulated sick leave credits, or if the Employee has no sick leave credits, the amount so paid shall be recovered from the Employee over a reasonable period of time.
16.03 When an Employee is absent on a Workers' Compensation claim, all benefits of this Agreement will continue to accrue for a period of two (2) years except as set out under Article 16.04 below.
16.04 An Employee who is absent on a Workers Compensation claim will not accrue annual vacation, sick leave, service credits for salary increments nor will they be paid for Named Holidays during the entire period of the absence. However, service credits for the purpose of calculating future vacation entitlement will continue to accrue. If applicable, Employees will be entitled to insured benefits and pension in accordance with regulations under those plans.
16.05 On the date a physician certifies an Employee fit to return to work and the Employer shall pay the employee's approximate net salaryhas confirmed that there is work available such Employee will lose their seniority and employment if such Employee fails to return to work.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, 16.06 All workplace accidents must be reported by the Employee and the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions timelines prescribed by the Workers Compensation Act and regulations.
16.07 An Employee who has been receiving Workers’ Compensation benefits and who is able to return to work will provide the Employer with at least (4) weeks written notice of readiness to return to work when possible. Upon return to duty they shall be reinstated in the same or an alternate position if such is available. Upon, reinstatement they shall be placed on the same step in the pay scale that are applicable during the delay periodthey had occupied prior to their disability. Such pay combined At such time, they shall be also be credited with any payments from WorkSafeBC remaining sick leave that they had accrued prior to their disability and shall commence accruing sick leave credits based on service they had accrued prior to their disability and current employment status. At such time, they shall also be used credited with any vacation days that they had accrued prior to repay, their disability and shall commence accruing vacation based on service they had accrued prior to the extent necessary, the advance paid under paragraph (c)(i) abovetheir disability and current employment status. Seniority shall not be interrupted during such leave.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Collective Agreement
Workers’ Compensation. (a) Where Employees who are covered by this Agreement and become incapacitated as a result of an employee suffers from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called arising out of and in the "disability") and is entitled course of employment shall continue to receive in addition to compensation therefor paid or payable under the Workers' Compensation ActAct an amount sufficient to provide them with full pay while the incapacity exists and until they return to active duty, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employeeare placed on disability retirement, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is become eligible for a retirement pension or resign. For purposes of this Article, full pa y sh all be def ine d as th e Em plo xxx'x current base salary, as set forth in the attached wage origin schedules, plus other monetary benefits under for which the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever Employee would have been applicable eligible if he or she had not become incapacitated. Full pay shall not include compensation for overtime not worked during the absenceperiod of incapacity. Where Monetary benefits for which the employee has no accumulated sick leave credits Employee's eligibility cannot be determined due to the nature of the illness or where the Long Term Disability Plan does not accept the sick leave claim, the employee injury causing incapacity shall be entitled to an advance as described abovewithheld until such determination can be made (i.e., provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee merit pay). The City shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to also pay all hospital and medical expenses in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation Act. Employees provided benefits under this Article 22 shall continue to accrue sick leave, vacation benefits and holidays, subject to maximum accumulations, during the first twelve (12) months of incapacity. Employees may receive health insurance coverage for up to thirty-six months from the date of incapacity or until they return to active duty, are placed on disability retirement or resign, whichever comes first. Employees receiving benefits under this article shall not be charged sick leave. Employees may take vacation leave while receiving benefits under this Article, but in no case shall they receive double payment during said leave. Employees who are unable to perform regular job duties as a result of an incapacity from an illness or injury arising out of and in the course of employment, may be assigned, if available, other work normally performed by police officers or work related to work done by police officers (i.e., crime prevention, crime analysis, community policing, school liaison, etc.). Employees may agree to work which is not made for the first day normally performed by or part dayrelated to police officers. In all cases, such day or part day work and its availability shall be paid determined by the EmployerChief and approved by a qualified physician familiar with the Employee's incapacity. The City reserves the right to require an independent medical examination to determine the extent of the incapacity. Employees who are determined by a qualified physician to be unable to ever return to work, shall immediately apply for disability retirement. The City's liability to pay benefits under this section shall not be cumulative, and the City may deduct any benefits provided by Workers' Compensation or require the Employee to assign to the City the right to receive any such benefits, or to repay to the City the amount of any such benefits previously received. Each time the injured Employee is examined by his/her qualified physician, the physician shall provide a statement to the City indicating the Employee's condition and whether or not the Employee may return for regular duty. When the physician certifies the Employee to be fit to return for normal duty, the Employee shall return to work on his/her next scheduled work shift as directed by the Chief or his designee.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where 21.1 The District shall provide Industrial Insurance as required by law.
21.2 All employees must report an employee suffers industrial injury immediately to the employer.
A. When eligible for benefits from a disease or illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") Department of Labor and is entitled to compensation therefor under the Workers' Compensation ActIndustries Industrial Insurance Program, the employee shall have the following options in accordance with RCW 51.32.090 (provided employer does not be entitled elect to use sick pay full salary):
1. Employee elects to only receive Temporary Total Disability (TTD) compensation - (Not using any leave- taking leave without pay for time lost by reason of any such disability.days gone from work, only taking the check they get from Xxxxxxx'x Comp) ;OR
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by 2. Employee elects to receive TTD compensation and receives full wages from their accrued leave and chooses to reimburse the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received employer for the absence if payments received from their accrued leave (vacation pay, sick pay and/or other similar benefit pay received} for the absence had been treated same period TTD compensation benefits were paid. The law prevents the employer from requiring a worker to "buy back" vacation, sick or other similar leave benefits (Using leave and then turn their Xxxxxxx'x Comp check over to district to buy back what they can when they receive a xxxxxxx'x comp check for the same time period); OR
3. Employee elects to receive TTD compensation PLUS it is supplemented with a proportionate share of appropriate accrued leave amount necessary to achieve normal pay, without buying back accrued leave time; (Keeping Xxxxxxx'x Comp check and only using enough leave to make up what your normal pay would be) OR
4. Employee elects TTD compensation PLUS a "full day" of appropriate accrued leave without buying back accrued leave time. (Uses leave and keeps the Xxxxxxx'x Comp check) As long as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick paid leave, he/she will receive the District contribution to insurance. The benefits of illness, injury, and emergency leave, holidays, vacation will be prorated if the employee chooses to use any Leave Without Pay. An employee's job assignment will be held for him/her as long as he/she is using paid leave credits for twelve (12) months from the first date of time loss.
21.3 Workers compensation shall be handled through the Educational Service District 123 with decisions on appropriate treatment and medical providers being handled through that process.
21.4 Any time an employee is sent to the doctor or where hospital because of a job related injury, and returns to work the Long Term Disability Plan does not accept same day immediately following the sick leave claimmeeting with the medical care provider, the employee shall time lost from the job will not be entitled to an advance as described abovededucted paid leave, provided but the employee has sufficient annual vacation or other banked credits to repay the advancewill be carried on full pay status.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where an A permanent non-safety employee suffers from a disease shall continue to receive the appropriate percent regular monthly salary, for all accepted claims filed before January 1, 2000, during any period of compensable temporary disability absence not to exceed one year. For all accepted claims filed with the County on or illness or incurs personal injury (which diseaseafter January 1, illness or injury is hereinafter called 2000, the "disability") and is percentage of pay for employees entitled to compensation therefor Workers’ Compensation shall be decreased from 87% to 86%. For all accepted claims filed with the County on or after January 1, 2007, the percentage of regular monthly salary for employees entitled to Workers’ Compensation shall be decreased from eighty-six percent (86%) to eighty percent (80%). For all accepted claims filed with the County on or after January 1, 2008, the percentage of regular monthly salary for employees entitled to Workers’ Compensation shall be decreased from eighty percent (80%) to seventy-five percent (75%). This provision excludes those safety employees entitled to benefits as defined under the Workers' Compensation ActLaws of California, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability PlanLabor Code Section 4850. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to If Workers' Compensation becomes taxable, the County agrees to restore the original benefit level (100% of monthly salary) and payment is not made the parties shall meet and confer with respect to funding the increased cost.
A. Employees who leave work as a result of an on-the-job injury will have the balance of that day charged to continuing pay. This will be considered as the last day worked for purposes of determining Workers' Compensation benefits. A permanent employee shall receive the authorized percentage of regular salary during any period of compensable temporary disability absence. "Compensable temporary disability absence" for the first day or part daypurpose of this Section, such day or part day is any absence due to work- connected disability which qualifies for temporary disability compensation as set forth in Part 2, Article 3 of the Workers’ Compensation Laws of California. When any disability becomes permanent, the salary provided in this Section shall terminate. The employee shall return to the County all temporary disability payments received by him/her from any County funded wage replacement program. No charge shall be paid by made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which salary payments are made. The maximum period for the Employerdescribed salary continuation for any one injury or illness shall be one year from the date of temporary disability.
Appears in 1 contract
Samples: Memorandum of Understanding
Workers’ Compensation. (a) Where an An employee suffers disabled and aosent from duty as a disease or illness or incurs personal result of a service-connected injury (which diseaseincurred in the employment of the City, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use snall receive his straiqht-time salary without deduction from accumulated sick leave for time lost by reason the period of any such disability.said disability and absence, but not to exceed five (5) workinq days commencing with the date of injury. All Worker's • Compensation received during this period shall be turned
(b) over to the City. Sick leave will be applied to lost time and deducted for service-connected disability other than tnat for which the employee receives worker's Compensation insurance benefits for lost time, only upon receipt of a statement siqned by the City Physician to the effect that the injured employee is unable to perform tne reqular duties or SUCh other temporary taSK available in the frameworK of City functions, in which event said employee's earned sick leave shall be • used at tne rate of one (l) siCk leave day for eaCh day of
(c) such service-connected disaoility until such sick leave accumulation nas been exhausted. An employee's absence from duty due to a service-connected disaoility for wn~cn he is receiving Worker's Compensation • oenefits snaIL not oe compensated for or deducted from nis • sick leave unless he snall elect to be paid the difference oetween tne WorKer's Compensation received by him for such service-connected disaoility and nis normal wage or salary; in wnich event, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the said employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as earned sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph at tne rate of one-third (c)(i1/3) above.sick leave for each day of such service-connected disability until such sick leave accumulation has been exhausted. • ...'.'j
(d) Where •
1. Any employee disabled and absent from duty as a result of a service-connected injury incurred in the course of employment with the City of Muskegon, who has exhausted their sic~ leave option or chosen not to utilize the sick leave option, shall receive no economic accruals as of that date except as specifically stated in the followinq subparagraphs: "Sen~ority" snaIL continue to accrue (for example, if the employee is injured in the course of nis employment in his tenth year of employment and returns to work three years later, his seniority shall be as a tnirteen-year employee).
2. SiCk leave shall not be accrued, accumulated, or paid to an employee becomes entitled for any time when the employee nas not worked. • 3 • Vacation time shall not oe accrued, accumulated or paid to Workers' Compensation and payment is an employee for any time when the employee has not made for the first day or part day, such day or part day shall be paid by the Employerworked.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. It is recognized that the payments received as compensation by an employee injured on the job under circumstances bringing him/her within the coverage of the Xxxxxxx’x Compensation Act of the State of Washington may be less than the regular wage payments received by the employee.
(a) Where an employee suffers from a disease or illness or incurs personal injury (In the case of any on-the-job disability which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor covered by State Industrial Insurance under the Workers' Xxxxxxx’x Compensation ActAct of the State of Washington, the District will pay to such disabled employee out of his/her accumulated sick leave an allowance equal to the difference between the State Xxxxxxx’x Compensation benefits and the employee’s regular straight-time gross pay, less statutory deductions, beginning at the time of disability and continuing until the accumulated sick leave entitlement is completed expended. If the employee is still disabled after his/her earned sick leave allowance is expended, the employee shall not be entitled will revert to use sick leave for time lost only the pay coverage afforded by reason of any such disabilityState Xxxxxxx’x Compensation Insurance.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque Physician Approval of Continuing Worker’s Compensation: In order to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as receive sick leave pay under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where this section when the employee has no accumulated sick leave credits been off work for illness or where the Long Term Disability Plan does not accept the sick leave claiminjury in excess of five (5) days, the employee shall be entitled must present to an advance as described abovethe Human Resources Office by the fifteenth (15) of each calendar month, provided for each month claimed, a statement from a duly licensed medical examiner verifying that the employee was physically unable to return to work on the day(s) for which sick leave pay was claimed. VEBA III Sick Leave Contributions Retirement Eligibility Article VIII, Section 5 – VEBA Conversion Voluntary Employee Benefit Account (VEBA III): The District has sufficient annual vacation or other banked credits adopted the VEBA III Sick Leave Conversion Medical Reimbursement Plan (the “Plan”) pursuant to repay RCW 28A.400.210 and agrees to make contributions to the advance.
(ii) Following a decision Plan on behalf of all employees in the collective bargaining unit who are eligible to participate in the Plan by WorkSafeBC to accept or disallow an employee’s claim, the reason of having excess sick leave conversion rights. Contributions on behalf of each eligible employee shall be entitled retroactively, subject to meeting based on the eligibility requirements under the appropriate plan(s), to pay conversion value of sick leave days accrued by such employee available for contribution on an annual basis and at retirement in accordance with the provisions statute. It is understood that all eligible employees will be required to sign and submit to the District a hold harmless agreement complying with the statute. If an eligible employee fails to sign and submit such agreement to the District, he/she will not be permitted to participate in the Plan at any time during the absence of this agreement would accrue to such employee during the term hereof shall be forfeited together with all cash conversion rights that pertain to such excess sick leave. For purposes of retirement contributions to the Plan, all employees covered by this agreement who retire during the term hereof shall be eligible, and excess sick leave shall be defined as the unused sick leave days accruing to the credit of such employee from the date of this agreement. For purposes of annual contributions to the Plan, all employees covered by this agreement who have accumulated over 180 days of unused sick leave as of the date of conversion, and also had accumulated 180 days as of one year prior to the date of conversion, shall be eligible. Excess sick leave shall be defined as the unused sick leave days that have accrued to the credit of the employee that are applicable during in excess of 180 days, and the delay period. Such pay combined with any payments from WorkSafeBC conversion value of these days shall be used to repay, contributed to the extent necessaryPlan. Article VIII, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.Section 6 –
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where an employee suffers from a disease or is absent due to illness or incurs personal injury (which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the compensable by Workers' Compensation Act’ Compensation, the employee following shall not be entitled apply. The Employer shall continue to use sick leave for time lost by reason pay his share of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability and all health and welfare benefits. It is understood that the obligation of the Employer to pay the aforesaid benefits is accepted by while on Workers’ Compensation shall continue only so long as the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to employment relationship between the Employer and the Employer employee continues. [See The employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this agreement, except where specified otherwise, during any absence covered by Workers’ Compensation. Provided that the employee returns to work within fifty-two consecutive weeks of the date of illness or injury, time spent on Workers’ Compensation shall be considered as current year’s vacation entitlement under the terms of the Agreement. In the case of an absence due to a compensable accident, the employee will be paid at her regular rate of pay for all scheduled hours on the employee's approximate net salary.
(i) During day of the accident. In the case on an absence due to a period compensable accident, where the anticipated length of delay while WorkSafeBC such absence is processing a claim for WorkSafeBC temporary disability benefitsfour months or more, the Employer will advance “regular salary” to post notice of the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay vacancy in accordance with the job posting procedure of this Agreement. Where the anticipated absence is less than four months, the Employer may fill the position at his discretion. The injured employee shall have a period of two years from the date of the injury within which she shall preserve the seniority which she has accrued in accordance with the seniority provisions and within which she shall have the right to return to work upon the recommendation of the Workers’ Compensation Board or the attending physician, which shall indicate to the Employer that are applicable during the delay periodemployee has the physical capability to perform her normal job. Such pay combined with any payments from WorkSafeBC If a full-time employee returns to work within fifty-two weeks following the commencement of a claim, and the employee’s former permanent position still exists, the employee will be returned to her former job, former shift if designated, classification and rate of pay. All employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. If an employee returns to work after fifty-two weeks following the commencement of the claim but prior to two full years mentioned in Article above, she shall be used returned to repay, her former job or to work of a comparable nature at the extent necessary, same salary level and without loss of seniority or benefits accrued in accordance with the advance paid under paragraph seniority provisions. (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall This would be paid effected by the Employerreturning employee displacing the employee with the least seniority in the category to which she is returning.) If, on the recommendation of the Workers’ Compensation Board or the attending physician the employee is capable only of performing work of a different kind, or of a lighter nature, and such work is available within the Retirement home, in a classification that is covered by this Agreement, then the returning employee may exercise her seniority if he/she has the qualifications, experience, and ability by bumping into the job at the applicable salary level, displacing the employee with the least seniority in the classification. benefits to which the employee would be entitled under the sick leave plan. Any payment under this provision will continue for a maximum duration equal to that of the weekly indemnity plan.
Appears in 1 contract
Samples: Collective Agreement
Workers’ Compensation. An employee who in the line of duty incurs an injury for which he/she qualifies for benefits under the Worker's Compensation Act shall be paid during the period of disability, provided that:
1. All injuries and/or disabilities which are claimed to be job related, no matter how slight, are to be reported immediately to the immediate supervisor. All potential claims against Xxxxxx's Compensation should be documented within twenty-four (a24) Where an employee suffers from a disease hours of the occurrence or illness or incurs personal injury (which disease, illness or injury is hereinafter called as soon as practical by completing the "disability") Report of Injury to Employee" form.
2. Verification of disability and is entitled the relationship between the disability and employment may be required. Such verification shall be from medical personnel approved by or satisfactory to compensation therefor under the Workers' Compensation Act, Board.
3. The employee will be paid his/her normal daily wages for the employee shall not time off necessary because of a confirmed job-related injury. This time off will NOT be entitled charged to use the employee's sick leave for time lost the day of the injury or, if needed, the six (6) work days following. The need for such absence will be based on medical verification from the Board's doctor or a doctor approved by reason of any such disabilitythe Assistant Superintendent for Human Resources. If the doctor recommends that the employee work "with restrictions", the supervisor will consult with the employee and the supervisor will make the final determination if the employee will be allowed to work under the conditions stated by the doctor.
(b) An employee, whose claim 4. If the employee is absent from work for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim time that would qualify the employee for WorkSafeBC temporary disability benefits"loss in income" benefits from Worker's Compensation, the Employer wage benefits received by the employee for the first seven (7) days will advance “regular salary” be reimbursed to the Board.
5. Once "loss of income benefits" are available to the employee, provided the Board will pay the employee is eligible the difference between the amount received from Worker's Compensation and the amount of daily base wages normally paid to the employee. The amount paid by the Board will be charged on a prorated basis to the employee's available sick leave. Said sick-leave benefit shall not be paid for benefits under a longer period than the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately period equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where as heretofore determined in this Article. The employee shall not lose earned sick-leave time for that percentage of time compensated under the Long Term Disability Plan does not accept Worker's Compensation insurance plan.
6. Once an accident claim has been filed with the Board, it will be the Board's responsibility to file the claim with the Worker's Compensation insurance carrier if the injury was job related. After the claim is filed with the insurance company, all claims, problems, reimbursements, etc. must be worked out directly between the employee and the insurance company.
7. Board paid insurance’s will continue during a Worker's Compensation disability until earned sick leave claimis exhausted, plus 60 calendar days.
8. An employee absent because of a work-related injury will be reemployed in his/her former position if the return to work is authorized by medical personnel approved by the Board and the return is within one (1) year of their initial absence. If the date of return exceeds the one (1) year period, the employee shall will be entitled reemployed to an advance as described above, provided any vacant position for which they are qualified if they are medically recommended for return to work during the second year. The Board will work cooperatively with the Worker's Compensation company and the employee has sufficient annual vacation or regarding retraining for jobs in other banked credits to repay the advanceclassifications.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where an A. A County employee suffers who has incurred bodily injury arising out of and in the course of actual performance of duty in the service of the County, which bodily injury totally incapacitates such employee from a disease or illness or incurs personal injury (which diseaseperforming any available County employment, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to disability compensation upon the following basis and subject to the following provisions:
1. The employee must be eligible for and receive Worker's Compensation on account of such bodily injury.
2. The total incapacity, as above set forth, must continue for the duration of the period of compensation.
3. Any employee suffering an advance injury within the meaning and definition of this paragraph shall immediately notify his/her supervisor. If instructed by the supervisor, the injured employee shall report to a medical facility approved by the County.
4. Regular full-time employees, so incapacitated, shall be continued on the County payroll during the period of disability compensation as described aboveprovided in section a, provided b, c and d below:
a. The compensation received by such employee under the Worker's Compensation Act shall be supplemented by payment from his/her accumulated Sick Leave Reserve (and the employee's Annual Leave Bank if the employee so chooses) of that amount of money necessary to equal his/her regular wage and the employee's Sick Leave Reserve (and Annual Leave Bank if the employee had so chosen) shall be charged only in the same proportion as his/her Sick Leave Reserve (and Annual Leave Bank if the employee had so chosen) payment is to his/her regular wage for the day, week, half-month, or other period. This supplement shall continue for 104 weeks or until the employee's Sick Leave Reserve (and Annual Leave Bank if the employee had so chosen) has been depleted, whichever occurs first.
b. If the employee's Sick Leave Reserve (and Annual Leave Bank if the employee so chooses) has been depleted and the employee has sufficient annual vacation or other banked credits been receiving Worker's Compensation payments for less than 104 weeks, the County shall pay to repay such employee a sum of money, in addition to Worker's Compensation payments, whereby the advancecombination of Worker's Compensation payments and such County supplement shall equal two- thirds (2/3) of the employee's regular wage. The County 2/3rds pay supplement shall be made for a period not to exceed twenty-six (26) weeks; however, in no case shall the combination of the supplement payments (in 4.a. and 4.b.) exceed 104 weeks.
(ii) Following a decision c. Upon the expiration of the 104 weeks an employee unable to return to duty shall be terminated by WorkSafeBC the County. The County will have no further obligation to accept or disallow an the former employee’s claim, unless the employee shall be entitled retroactively, subject to meeting qualifies for and receives retirement benefits as provided in the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) abovecurrent Macomb County Employees' Retirement System Ordinance.
(d) Where an employee becomes entitled to Workers' Compensation d. Any Sick or Annual Leave earned and payment is not made for accrued once the first day or part day, such day or part day County 2/3rds pay supplement begins shall be paid to the former employee upon termination of the active employment relationship.
5. For the period during which the regular full-time employee is disabled and receiving pay supplemental to his/her Worker's Compensation, the regular full- time employee will accumulate seniority, Sick Leave and Annual Leave time.
6. A regular full-time employee returning from Worker's Compensation shall be placed in the same position, provided that said full-time employee has produced medical certification that he/she can return to duty and perform the essential functions of the job with or without accommodation.
7. The foregoing provisions shall neither restrict nor enlarge upon the provisions and benefits accorded by the EmployerMacomb County Employees' Retirement Ordinance relative to total and permanent disability provided for therein.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. 15.1 An employee out of work due to a job-connected injury shall receive worker’s compensation. The difference between the amount paid to the employee through worker’s compensation and the employee’s regular net wage shall be paid to the employee by the City for a period of the first twenty (a20) Where an employee suffers from work days of said job connected injury; said amount shall not be charged against the employee’s accumulated sick leave or vacation time. The actual payment of wages shall be a disease or illness or incurs personal injury combination of the worker’s compensation benefit as determined by the Department of Labor and a supplemental payment by the City which will be the difference between the worker’s compensation payment and the employee’s net regular compensation, to be paid on a bi-weekly basis
15.2 At the end of the of the twenty (which disease, illness or injury is hereinafter called the "disability"20 day period) and is entitled to compensation therefor under the Workers' Compensation Actof said job connected injury, the employee shall not continue to receive both worker’s compensation benefit and the difference between that benefit and the employee’s regular compensation, except that the differential between the worker’s compensation benefit and the employee’s net regular compensation shall be entitled charged against the employee’s accrued sick leave, if any, and thereafter, against vacation leave. The employee may elect to use receive only the worker’s compensation benefit and decline to receive the differential between the worker’s compensation benefit and the net regular weekly compensation, so as to avoid the charge against sick leave for time lost by reason of any such disabilityor vacation leave.
15.3 Transfer of sick leave and/or vacation credits for the purpose of increasing his Worker’s Compensation payments shall be an option of the employee. Employee must request this in writing.
15.4 If an employee is required to be at work after being injured on the job and is required to go to attend medical appointments related to said injury said employee may do so on City time. Any employee who goes to such a medical appointment will report back to work as soon as the appointment is concluded unless there is a documented medical reason otherwise.
15.5 After expiration of a forty-five (b45) An calendar day period, the city may order a complete physical and/or mental examination of said employee by two (2) registered physicians. If the report of their examination establishes the injury as one that permanently incapacitates said employee, whose claim application shall be made for WorkSafeBC temporary disability benefits retirement under the provision of the New Hampshire Retirement Law. The commencement of payment under the New Hampshire Retirement Law shall end the employer’s obligation of payment on annual and/or accumulated sick leave and/or worker’s compensation payment. Further, if it is accepted determined by two registered physician selected by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided City immediately after the employee is eligible for benefits under injured that said employee will not be able to return to his/her regular duties at anytime in the Accumulated Sick Leave Plan or future, the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent employer shall not be obligated to pay the net pay that an employee would have received difference between worker’s compensation and employee’s regular salary for the absence if the absence had been treated time period of injury as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) outlined above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Workers’ Compensation. (a) Where If an employee suffers from a disease or illness or incurs personal injury (which diseasequalifies for Workers’ Compensation benefits, illness or injury is hereinafter called and the "disability") employee elects to have the Employer supplement the benefits, the following procedures shall apply:
1. The Employer shall pay the employee the employee’s regular rate of pay for the number of days the employee has accumulated as medically related disability leave.
2. The employee shall endorse and is entitled to compensation therefor under assign the Workers' ’ Compensation Actpayments to the Employer for that period of time.
3. Should the Workers’ Compensation benefits be one-third or less the employee’s regular rate of pay, a full day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be more than one-third but less than two-thirds the regular rate of pay, one-half day of accumulated medically related disability leave shall be deducted for each day of absence; should the benefits be two- thirds or more of the regular rate of pay, no accumulated medically related disability leave shall be deducted for each day of absence.
4. The employee shall retain the Workers’ Compensation payments for periods of time following exhaustion of accumulated medically related disability leave. If an employee qualifies for Workers’ Compensation benefits, and the employee elects not to have the Employer supplement the benefit, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employeeretain the Workers’ Compensation benefits, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay make no deduction from the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary ’s accumulated medically related disability benefits, leave. The employee shall notify the Employer will advance “regular salary” or his/her option within three days of receipt of the Employer’s notice to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Planelect such option. “Regular salary” is defined Failure to report within such time limit shall be treated as an amount approximately equivalent election not to have the net pay that an employee would have received for Employer supplement the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advancebenefits.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day shall be paid by the Employer.
Appears in 1 contract
Samples: Comprehensive Agreement
Workers’ Compensation. (a) Where an Any employee suffers from a disease or illness or incurs personal injury (who shall sustain injuries through felonious assault which disease, illness or injury is hereinafter called the "disability") and is entitled to compensation therefor are compensable under the Workers' Worker’s Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of any such disability.
(b) An employee, whose claim for WorkSafeBC temporary disability benefits is accepted by the WorkSafeBC, shall assign the employee's WorkSafeBC cheque to the Employer and the Employer shall pay the employee's approximate net salary.
(i) During a period of delay while WorkSafeBC is processing a claim for WorkSafeBC temporary disability benefits, the Employer will advance “regular salary” to the employee, provided the employee is eligible for benefits under the Accumulated Sick Leave Plan or the Long Term Disability Plan. “Regular salary” is defined as an amount approximately equivalent to the net pay that an employee would have received for the absence if the absence had been treated as sick leave under the Accumulated Sick Leave Plan, or the Long Term Disability Plan, whichever would have been applicable during the absence. Where the employee has no accumulated sick leave credits or where the Long Term Disability Plan does not accept the sick leave claim, the employee shall be entitled to an advance as described above, provided the employee has sufficient annual vacation or other banked credits to repay the advance.
(ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee shall be entitled retroactively, subject to meeting the eligibility requirements under the appropriate plan(s), to pay in accordance with the provisions that are applicable during the delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid under paragraph (c)(i) above.
(d) Where an employee becomes entitled to Workers' Compensation and payment is not made for the first day or part day, such day or part day Act shall be paid by the Employer.Company as follows: Commencing on the scheduled working day of absence, said employee shall be paid his full earnings based on his guaranteed work Any unused sick time shall be paid for after November It is agreed that this payment shall occur in the first pay period ending in December. It is agreed that any employee who books off work and who agrees to work his scheduled day off in that week will not be paid overtime. Sick leave can be to offset Weekly Indemnity. Employees must specifically request this. Any medical examination requested by the Company shall be promptly complied with by all employees, provided however, that the Company shall pay for all such examinations. When a medical examination is required by the Company, the following conditions shall apply: If an employee takes a medical examination, it will be during his normal working hours, and he shall be paid for the time involved and thus not lose any pay as a result of his taking a medical examination. In addition to the above procedure on Company required medical examinations, the Company agrees that where any employee who drives a motor vehicle in the course of employment coming under the Motor Vehicle Classification Licenses is required by any agency to take a medical examination to verify his right to drive such motor vehicle coming under the aforesaid, or to operate a vehicle equipped with air brakes, the Company shall, where same is not paid for by any part of the Welfare Plan under which the employee is covered, pay for such medical examinations. In the event an employee is injured while at work and unable to continue work, his pay shall continue for the remainder of his scheduled hours of work for that day. The Company shall provide the employee and xxxxxxx with a copy of the form in the event of a compensable accidental injury. will not xxxxxx request a medical examination while an employee is off on Worker’s Compensation until he indicates that he is prepared to come back to work. Any examination requested of an employee who is off on sick leave shall only be to determine if or when he will be able to return to work. The employee will be notified well in advance of any such request for a medical examination, and if necessary, the Company will provide transportation. When an employee suffers an injury, whether on the job or not, or suffers any illness preventing him from reporting to work, he will automatically be granted leave of absence, without pay, and subject to any payments to which he is entitled under any Sick Pay Plan, until such time as his doctor states such employee can return to work, provided the Company reserves the right to require the employee to be examined on the employee’s return to work by a doctor selected by the Company, which examination shall be paid for by the Company. The Company will make every effort possible to locate a suitable position for an employee deemed physically incapable of performing his regularly assigned duties, Should an employee be as a result, he will be paid at the then existing rate of his new classification. In the event that no position can be identified to accommodate the employee, he will: be placed on lay-off (medical leave of absence without pay);
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Samples: Collective Bargaining Agreement
