Common use of Workers’ Compensation Clause in Contracts

Workers’ Compensation. (a) A Regular Full-Time Employee who has completed six (6) months of continuous service and whose claim for WCB temporary disability benefits is accepted by the WCB, shall assign all monies received from WCB to the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period of the WCB claim. (b) Where the first shift or part shift is not paid by the Workers’ Compensation Board, 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 employment with the Corporation 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 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Workers’ Compensation. (a) A Regular Full-Time Employee who has completed six Where an employee suffers from a disease or illness or incurs personal injury (6which disease, illness or injury is hereinafter called the "disability") months 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 continuous service and any such disability. (b) An employee, whose claim for WCB WorkSafeBC temporary disability benefits is accepted by the WCBWorkSafeBC, shall assign all monies received from WCB the employee's WorkSafeBC cheque to the Corporation Employer and the Corporation Employer shall pay the employee’s 's approximate net salary calculated on the employee’s regular classified rate salary. (i) During a period of pay, subject to paragraph (c) below. While delay while WorkSafeBC is processing a claim for WCB 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 pendingdefined 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 will shall be eligible for any available benefits under entitled to an advance as described above, provided the Sick Leave Plan. Where employee has sufficient annual vacation or other banked credits to repay the WCB subsequently accepts advance. (ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee’s pay employee shall be recalculated retroactive for entitled retroactively, subject to meeting the period of eligibility requirements under the WCB claim. (b) Where appropriate plan(s), to pay in accordance with the first shift or part shift is not paid by provisions that are applicable during the Workers’ Compensation Board, this shift or part shift delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid by the Corporation. under paragraph (cc)(i) Employees receiving Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior to employment with the Corporation shall be paid wage loss directly by WCBabove. (d) Where an employee becomes entitled to Workers' Compensation and payment is absent on Long Term Disability and/or WCB in excess of one (1) yearnot made for the first day or part day, the employee’s annual vacation pay such day or part day shall be prorated paid 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) yearEmployer. (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 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee who has completed six (6) months If a nurse is absent from work as the result of continuous service and whose claim a compensable injury for WCB temporary disability which the employee is granted benefits is accepted by the WCBWorkplace Safety and Insurance Board for a period of temporary total disability, shall assign all monies received from WCB the Corporation agrees to pay, in addition to the Corporation amount of compensation awarded by the Board, the difference between the amount of the nurse's net regular salary or wages and the Corporation shall pay amount of the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period of the WCB claim. (b) Where temporary total disability for the first shift or part shift is not paid by the Workers’ Compensation Board, this shift or part shift twenty-six (26) weeks of such disability. Such payments shall be paid 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. (c2) Employees receiving 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 cases the benefits granted by the Workplace Safety and Insurance Board shall be final, nor shall they extend to cases where the employment is 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) Effective January 1, 1992, provided the Corporation continues to pay compensation as a Schedule 2 Employer under the Workers' Compensation allowance for Act, where an employee is absent as a recurrence result of an injury allegedly sustained at work, and the employee has made application for compensation and has elected to take compensation, the Corporation will make advances at the employee's normal rate of pay up to a total amount equivalent to the employee’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 continues to be absent, no further advances will be made by the Corporation. Where the employee has no sick leave to her credit, her wages will be discontinued until the Board renders its decision. If the claim is subsequently approved, the days charged against the employee’s sick leave for 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 ailment suffered prior sick leave, she shall repay to employment with 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 equivalent amount of any sick leave credit which may have been deducted, shall be paid wage loss directly by WCBrestored to such employee. (dii) Where an employee is absent on Long Term Disability and/or WCB in excess from work due to the recurrence of one (1) yeara compensable injury and for which injury the employee has been awarded a disability pension by the Workplace Safety and Insurance Board, the employee’s annual vacation pay Corporation shall be entitled to deduct and retain the prorated by the period amount of absence that exceeds one (1) year and the employee shall not accrue vacation for the period of absence that exceeds one (1) yearsuch pension from Workers' Compensation benefits otherwise payable to such employee. (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 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Workers’ Compensation. In the event that an employee covered by this Agreement is injured while at work and as a consequence of said injury receives Worker's Compensation disability pay, said employee, shall receive their Worker’s Compensation payment plus such supplemental payment so that the total of their Worker’s Compensation and supplemental pay will equal their full pay at the same rate as they were paid prior to such injury or disease for a period not to exceed one hundred eighty (180) calendar days. These provisions are subject to the following restrictions: (a) A Regular Full-Time Employee who has completed six (6) months of continuous service In the event that a Worker's Compensation claim is contested, Worker's Compensation and whose claim for WCB temporary disability benefits is accepted supplemental pay by the WCB, County shall assign be held up until the claim is settled or an award made by the State at which time the employee shall be entitled to receive in a lump sum all monies received from WCB their Worker's Compensation plus supplemental pay accumulated since the date of their first absence due to the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period of the WCB claiminjury or disease. (b) Where During the first shift or part shift period when an employee is not paid entitled to full pay by the Workers’ Compensation Board, Employer under the provisions of this shift or part shift section there shall be paid by the Corporationno deductions from sick leave allowance, overtime allowance, or vacation credit of such employee. (c) Employees receiving Workers’ Compensation allowance for After one hundred eighty (180) calendar days if the employee has a recurrence of an injury or ailment suffered prior to employment with the Corporation 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) yearsick leave balance, the employeeemployee has the option of supplementing Worker’s annual vacation pay shall be prorated by the period of absence that exceeds one (1) year and Compensation up to a full paycheck as long as a sick leave balance remains. If the employee exercises the option to supplement Worker’s Compensation, such election shall not accrue vacation last for the duration of the Worker’s Compensation leave or until the sick leave balance is exhausted. The Employee will continue to remain on the payroll and will continue to receive health and dental insurance. If the employee returns to regular FTE status, the employee will have their longevity credits restored for the period of absence that exceeds one (1) yearsupplementation. (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 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Workers’ Compensation. (a) A Regular Fulla. Any employee who suffers a job-Time Employee related injury or illness will report, as soon as practicable, such injury or illness to their immediate supervisor in writing. b. Any employee who has completed six (6) months suffers a job-related injury or illness and qualifies for benefits under the Workers’ Compensation Law and because of continuous service and whose claim such injury or illness is medically unable to return to work for WCB more than three consecutive days after the occurrence, may be granted administrative leave with pay for a period up to 30 duty days. c. For any lost time that does not qualify under the Workers’ Compensation Law, leave will be charged accordingly. d. Any Workers’ Compensation payments made for temporary disability benefits due to said injury or illness during this 30 duty-day period shall be endorsed over to the Board. e. If a determination is accepted by made that the WCBemployee is eligible for Workers’ Compensation, then all sick leave and annual leave up to the 30 days provided in this provision, used as a result of the job-related injury or illness prior to such determination, shall assign all monies received from WCB be restored to the Corporation and employee. f. During the Corporation shall time the employee is drawing administrative leave with pay or Workers’ Compensation benefits, the employee’s approximate net salary calculated 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 regular classified 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 pay, subject approved administrative leave an employee may elect to paragraph take sick or annual leave (csick leave must be exhausted first) below. While a claim for WCB in place of collecting Workers’ Compensation temporary disability benefits is pending, 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 same time that sick or annual leave was used towards salary, then their payment will be eligible for any available benefits under reduced by the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period amount of the WCB claim. (b) Where the first shift or part shift is not paid by the Workers’ Compensation Board, this shift or part shift shall payment. The employee will be paid by entitled to the Corporationpayment received from Workers’ Compensation. (c) Employees receiving j. After 30 days of approved administrative leave, employees who receive Workers’ Compensation allowance in lieu of sick or annual leave will not be responsible for a recurrence of an injury or ailment suffered prior to employment with the Corporation shall be paid wage loss directly by WCBtheir health insurance premium (described in Article VII) for this time period. (d) Where k. Before an employee can return to work from a work-related injury, it 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 required 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 have a medical release stating when the employee is unable able to return to work, the time absent on WCB shall be integrated with the Sick Leave work and Long Term Disability Plans and that the employee shall is able to fulfill the requirements of their position or stating the reasonable accommodations that need to be placed on the appropriate Plan at the point reached when WCB payments ceasedmade.

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, Collaboration Agreement

Workers’ Compensation. (a) A Regular Full-Time When an Employee who has completed six (6) months is absent as a result of continuous service an accident, occupational illness or disease in connection with the Employee’s employment and whose claim for WCB temporary disability benefits is accepted by the WCB, shall assign all monies received from WCB to the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period of the WCB claim. (b) Where the first shift or part shift is not are being paid by the Workers’ Compensation Board, this shift or part shift shall the difference between the Employee’s regular net pay and the Workers’ Compensation payment will be paid by the Corporation. (c) Employees receiving Workers’ Compensation allowance Employer for a recurrence of an injury or ailment suffered prior period not to employment with the Corporation 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 exceed one (1) year and the employee shall not accrue reduce the Employee’s accumulated sick leave credits. The Employee’s vacation credits shall continue to accumulate at the normal rate while the Employee is on Workers’ Compensation for the a period of absence that exceeds one up to six (16) yearmonths. In addition, the following shall outline tuberculosis compensation (a) Compensation Payable People seeking employment will be categorized as follows: (i) Persons showing no signs of previous tuberculosis infection, as confirmed by negative tuberculin tests. (eii) Where Persons showing no clinical evidence of disease, but with positive tuberculin and negative chest x-ray findings. (iii) Persons showing evidence of inactive tuberculosis and who have never required treatment for the WCB ceases paying temporary disability benefits disease. (iv) Persons showing evidence of arrested tuberculosis. (v) Persons showing clinical signs of active tuberculosis (These will not be employed). Persons falling in categories i), ii) and iii) will be eligible for compensation if they meet the conditions of the clause following: An Employee who contracts Tuberculosis while in the employ of the Regional Health Authority shall be paid ninety (90%) of the salary the Employee was receiving at the time they were declared unfit for duty. When an Employee is declared by a qualified Tuberculosis specialist to an employee be fit for light or part-time work, they will remain on full compensation, unless light or part- time work can be assigned. (i) An Employee who requires testing away from home shall be compensated for all lost time and expenses including travel costs as per Article 19. (ii) An Employee who has been requested by management to be absent from their place of work pending investigation of the clinical signs of Tuberculosis shall receive full compensation in accordance with Article 23.10(a) during the period between the date that the Employee is first absent and the employee date that a conclusive diagnosis is unable made. The amount payable under this section may be increased to return one hundred (100%) percent of pay by charging the additional amount 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 ceasedEmployee’s accumulated sick leave.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee who has completed six Where an employee suffers from a disease or illness or incurs personal injury (6which disease, illness or injury is hereinafter called the "disability") months and is entitled to compensation therefore under the Workers' Compensation Act, the employee shall not be entitled to use sick leave for time lost by reason of continuous service and any such disability. (b) An employee, whose claim for WCB WorkSafeBC temporary disability benefits is accepted by the WCBWorkSafeBC, shall assign all monies received from WCB the employee's WorkSafeBC cheque to the Corporation Employer and the Corporation Employer shall pay the employee’s 's approximate net salary calculated on the employee’s regular classified rate salary. (i) During a period of pay, subject to paragraph (c) below. While delay while WorkSafeBC is processing a claim for WCB 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 pendingdefined 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 will shall be eligible for any available benefits under entitled to an advance as described above, provided the Sick Leave Plan. Where employee has sufficient annual vacation or other banked credits to repay the WCB subsequently accepts advance. (ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee’s pay employee shall be recalculated retroactive for entitled retroactively, subject to meeting the period of eligibility requirements under the WCB claim. (b) Where appropriate plan(s), to pay in accordance with the first shift or part shift is not paid by provisions that are applicable during the Workers’ Compensation Board, this shift or part shift delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid by the Corporation. under paragraph (cc)(i) Employees receiving Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior to employment with the Corporation shall be paid wage loss directly by WCBabove. (d) Where an employee becomes entitled to Workers' Compensation and payment is absent on Long Term Disability and/or WCB in excess of one (1) yearnot made for the first day or part day, the employee’s annual vacation pay such day or part day shall be prorated paid 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) yearEmployer. (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 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee who has completed six (6) months of continuous service and whose claim If an employee qualifies for WCB temporary disability benefits is accepted by the WCBWorker’s Compensation benefits, shall assign all monies received from WCB to the Corporation and the Corporation employee elects to have the Employer supplement the benefits, the following procedures shall apply: 1. The Employer shall pay the employee’s approximate net salary calculated on employee the employee’s regular classified 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, subject 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 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 the employee elects not to paragraph (c) below. While a claim for WCB temporary disability benefits is pendinghave the Employer supplement the benefit, the employee will be eligible for any available benefits under shall retain the Sick Leave Plan. Where Worker’s Compensation benefits, and the WCB subsequently accepts an employee’s claim, Employer shall make no deduction from the employee’s pay accumulated medically related disability leave. The employee shall notify the Employer of his/her option within three days of receipt of the Employer’s notice to elect such option. Failure to report within such time limit shall be recalculated retroactive for treated as an election not to have the period of Employer supplement the WCB claimbenefits. (b) Where the first shift or part shift is not paid by the Workers’ Compensation Board, 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 employment with the Corporation 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 3 contracts

Samples: Comprehensive Agreement, Comprehensive Agreement, Comprehensive Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee who has completed six (6) months of continuous service and whose claim If an employee qualifies for WCB temporary disability benefits is accepted by the WCBWorker’s Compensation benefits, shall assign all monies received from WCB to the Corporation and the Corporation employee elects to have the Employer supplement the benefits, the following procedures shall apply: 1. The Employer shall pay the employee’s approximate net salary calculated on employee the employee’s regular classified 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, subject 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 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 the employee elects not to paragraph (c) below. While a claim for WCB temporary disability benefits is pendinghave the Employer supplement the benefit, the employee will be eligible for any available benefits under shall retain the Sick Leave Plan. Where Worker’s Compensation benefits, and the WCB subsequently accepts an employee’s claim, Employer shall make no deduction from the employee’s pay accumulated medically related disability leave. The employee shall notify the Employer of his/her option within three days of receipt of the Employer’s notice to elect such option. Failure to report within such time limit shall be recalculated retroactive for treated as an election not to have the period of Employer supplement the WCB claimbenefits. (b) Where the first shift or part shift is not paid by the Workers’ Compensation Board, 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 employment with the Corporation 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 3 contracts

Samples: Comprehensive Agreement, Comprehensive Agreement, Comprehensive Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee who has completed six (6) months of continuous service and whose claim If an employee qualifies for WCB temporary disability benefits is accepted by the WCBWorker’s Compensation benefits, shall assign all monies received from WCB to the Corporation and the Corporation employee elects to have the Employer supplement the benefits, the following procedures shall apply: 1. The Employer shall pay the employee’s approximate net salary calculated on employee the employee’s regular classified 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, subject 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. 3. The employee shall retain the 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 the employee elects not to paragraph (c) below. While a claim for WCB temporary disability benefits is pendinghave the Employer supplement the benefit, the employee will be eligible for any available benefits under shall retain the Sick Leave Plan. Where Worker’s Compensation benefits, and the WCB subsequently accepts an employee’s claim, Employer shall make no deduction from the employee’s pay accumulated medically related disability leave. The employee shall notify the Employer of his/her option within three days of receipt of the Employer’s notice to elect such option. Failure to report within such time limit shall be recalculated retroactive for treated as an election not to have the period of Employer supplement the WCB claimbenefits. (b) Where the first shift or part shift is not paid by the Workers’ Compensation Board, 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 employment with the Corporation 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 2 contracts

Samples: Comprehensive Agreement, Comprehensive Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee who has completed six Where an employee suffers from a disease or illness or incurs personal injury (6which disease, illness or injury is hereinafter called the "disability") months 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 continuous service and any such disability. (b) An employee, whose claim for WCB WorkSafeBC temporary disability benefits is accepted by the WCBWorkSafeBC, shall assign all monies received from WCB the employee's WorkSafeBC cheque to the Corporation Employer and the Corporation Employer shall pay the employee’s 's approximate net salary calculated on the employee’s regular classified rate salary. (i) During a period of pay, subject to paragraph (c) below. While delay while WorkSafeBC is processing a claim for WCB WorkSafeBC temporary disability benefits is pendingbenefits, the Employer will advance “regular salary” to the employee, provided the employee will be is eligible for any available benefits under the Accumulated Sick Leave 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 WCB subsequently accepts 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’s pay employee shall be recalculated retroactive for entitled retroactively, subject to meeting the period of eligibility requirements under the WCB claim. (b) Where appropriate plan(s), to pay in accordance with the first shift or part shift is not paid by provisions that are applicable during the Workers’ Compensation Board, this shift or part shift delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid by the Corporation. under paragraph (cc)(i) Employees receiving Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior to employment with the Corporation shall be paid wage loss directly by WCBabove. (d) Where an employee becomes entitled to Workers' Compensation and payment is absent on Long Term Disability and/or WCB in excess of one (1) yearnot made for the first day or part day, the employee’s annual vacation pay such day or part day shall be prorated paid 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) yearEmployer. (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 2 contracts

Samples: Collective Agreement, Collective Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee An employee who has completed six is incapacitated and unable to work as a result of an accident sustained while on duty in the service of the Employer within the meaning of the Workers’ Compensation Act shall continue to receive full net take home pay calculated at the basic rate of pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist: (6i) months of continuous service and whose claim for WCB temporary disability benefits is accepted by the WCB, shall assign all monies received from WCB employee assigns over to the Corporation and Employer, on proper forms, the Corporation shall pay monies due to her from the WCB for time lost due to an accident; and (ii) the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject accumulated sick leave credits are sufficient so that an amount proportionate to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts supplement paid by the Employer, but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an employee’s claim, employee is off work due to accident within the employee’s pay shall be recalculated retroactive for the period meaning of the WCB claimAct; and (iii) the employee keeps the Employer informed regarding the status of her WCB claim and provides any medical or claim information that may be required by the Employer. (b) Where The Parties recognize that the first shift Employer may be required to reconcile payments to the employee with subsequent assigned payments from the WCB. In light of this, the time limitation for correcting over or part shift is under payments provided in Article 27 shall not paid by commence until the Employer has received reimbursement from the Workers’ Compensation Board, this shift or part shift shall be paid by has issued any statement of adjustment to the Corporationemployee, whichever is later. (c) Employees receiving An employee who is in receipt of Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior benefits and who is not eligible to employment with receive the Corporation WCB Supplement pursuant to Article 24.01(b) shall be paid wage loss directly by WCBdeemed to be on a leave of absence without pay. (d) Where an An employee in receipt of Workers’ Compensation benefits shall: (i) be deemed to remain in the continuous service of the Employer for purposes of prepaid health benefits and salary increments; (ii) accrue vacation credits and sick leave for the first (1st) month of such absence. 24.02 An employee who has been on Workers’ Compensation and who is absent on Long Term Disability and/or WCB in excess of one (1) year, the employee’s annual vacation pay shall be prorated certified by the period of absence that exceeds one (1) year Workers’ Compensation Board to be fit to return to work and the employee shall not accrue vacation for the period of absence that exceeds one (1) year.who is: (ea) Where capable of performing the WCB ceases paying temporary disability benefits to an employee and duties of her former position, shall provide the employee is unable Employer with two (2) weeks written notice, when possible, of readiness to return to work. The Employer shall reinstate the employee in the same classification held by her immediately prior to the disability with benefits that accrued to her prior to the disability; (b) incapable of performing the duties of her former position, the time absent on WCB shall be integrated with the entitled to benefits she is eligible for under Sick Leave and Long or Short-Term Disability Plans or Long-Term Disability, in accordance with Articles 23 or 25. 24.03 The reinstatement of an employee in accordance with this Article shall not be construed as being a violation of the posting and/or scheduling provisions of Articles 11 and the employee shall be placed on the appropriate Plan at the point reached when WCB payments ceased29.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee An employee who has completed six is incapacitated and unable to work as a result of an accident sustained while on duty in the service of the Employer within the meaning of the Workers’ Compensation Act shall continue to receive full net take home pay calculated at the basic rate of pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist: (6i) months of continuous service and whose claim for WCB temporary disability benefits is accepted by the WCB, shall assign all monies received from WCB employee assigns over to the Corporation and Employer, on proper forms, the Corporation shall pay monies due to him from the WCB for time lost due to an accident; and (ii) the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject accumulated sick leave credits are sufficient so that an amount proportionate to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts supplement paid by the Employer, but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an employee’s claim, employee is off work due to accident within the employee’s pay shall be recalculated retroactive for the period meaning of the WCB claimAct; and (iii) the employee keeps the Employer informed regarding the status of his WCB claim and provides any medical or claim information that may be required by the Employer. (b) Where The parties recognize that the Employer may be required to reconcile payments to the employee with subsequent assigned payments from the WCB. In light of this, the time limitation for correcting over- or under- payments provided in Article 35 shall not commence until the Employer has received reimbursement for WCB, or has issued any statement of adjustment to the employee, whichever is later. (c) An employee who is in receipt of Workers’ Compensation Benefits and who is not eligible to receive the WCB Supplement pursuant to Article 32.01 (ii) shall be deemed to be on a leave of absence without pay. (d) An employee in receipt of Workers’ Compensation benefits shall: (i) be deemed to remain in the continuous service of the Employer for purposes of prepaid health benefits and salary increments; (ii) accrue vacation credits and sick leave for the first shift or part shift (1st) month of such absence. 32.02 An employee who has been on Workers’ Compensation and who is not paid certified by the Workers’ Compensation Board, this shift or part shift shall Board to be paid by the Corporation.fit to return to work and who is: (ca) Employees receiving Workerscapable of performing the duties of his former position shall provide the Employer with two (2) weeksCompensation allowance for a recurrence written notice, when possible, of an injury or ailment suffered prior to employment with the Corporation 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 readiness to return to work. The Employer shall reinstate the employee in the same classification held by him immediately prior to the disability with benefits that accrued to him prior to the disability; (b) incapable of performing the duties of his former position, the time absent on WCB shall be integrated with the entitled to benefits he is eligible for under Sick Leave and Long or Short Term Disability Plans and or Long-Term Disability, in accordance with Article 24 or Article 33. 32.03 The reinstatement of an employee in accordance with this Article shall not be construed as being a violation of the employee shall be placed on the appropriate Plan at the point reached when WCB payments ceasedposting provisions of Article 18.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Workers’ Compensation. 29.01 Worker’s Compensation Board coverage will be provided by the Employer for Employees. 29.02 Employees shall not be paid sick leave benefits when they are absent from work and drawing Workers’ Compensation. An Employee absent on Workers’ Compensation for a period in excess of thirty (a30) A Regular Full-Time calendar days shall not accumulate sick leave credits or vacation entitlement during the period of absence. 29.03 Employees shall not be entitled to a compensating day off in lieu of a Named Holiday from the Employer while receiving benefits from Workers’ Compensation. 29.04 An Employee who has completed six been on Workers’ Compensation in excess of thirty (630) months of continuous service calendar days and whose claim for WCB temporary disability benefits who is accepted certified by the WCBWorkers’ Compensation Board to be fit to return to work and who is capable of performing the duties of their former position, shall assign all monies received from WCB provide the Employer with seven (7) days written notice of readiness to return to work. The Employer may accommodate return to work sooner than seven (7) calendar days where agreeable between the Corporation Employer and the Corporation Employee. 29.05 If an Employee sustains an injury in the course of her duties with the Employer and is eligible to receive Workers’ Compensation, the Employee shall pay be paid by the employee’s approximate net salary calculated on Employer ninety percent (90%) of the employeeEmployee’s regular classified rate of paywages bi-weekly, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period of the WCB claim. (b) Where the first shift or part shift is not paid as defined by the Workers’ Compensation Board, this shift or part shift shall be paid by for the Corporation. (c) Employees receiving total period of entitlement, provided they assign over to the Employer on proper forms the monies due to her from the Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior to employment with the Corporation shall be paid wage loss directly by WCBBoard. (d) Where an employee is absent on Long Term Disability and/or WCB in excess of one (1) year, 29.06 The parties recognize that the employee’s annual vacation pay shall Employer may be prorated by required to reconcile payments to the period of absence that exceeds one (1) year and Employee with subsequent assigned payments from the employee shall not accrue vacation for the period of absence that exceeds one (1) yearWorkers’ Compensation Board. (e) Where 29.07 The Employee shall keep the WCB ceases paying temporary disability benefits Employer advised as to the progress of their condition on 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 ceasedongoing basis.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Workers’ Compensation. (a) A Regular Full-Time Full‐Time Employee who has completed six (6) months of continuous service and whose claim for WCB temporary disability benefits is accepted by the WCB, shall assign all monies received from WCB to the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period of the WCB claim. (b) Where the first shift or part shift is not paid by the Workers’ Compensation Board, 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 employment with the Corporation 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 2 contracts

Samples: Collective Agreement, Collective Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee An employee who has completed six is incapacitated and unable to work as a result of an accident sustained while on duty in the service of the Employer within the meaning of the Workers' Compensation Act shall continue to receive full net take home pay calculated at the basic rate of pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist: (6i) months of continuous service and whose claim the employee assigns over to the Employer, on proper forms, the monies due to her from the WCB for time lost due to an accident, and (ii) the employee's accumulated sick leave credits are sufficient so that an amount proportionate to the WCB temporary disability benefits is accepted supplement paid by the WCBEmployer, shall assign all monies received from WCB but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an employee is off work due to accident within the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period meaning of the WCB claimAct; and (iii) the employee keeps the Employer informed regarding the status of her WCB claim and provides any medical or claim information that may be required by the Employer. (b) Where The parties recognize that the first shift Employer may be required to reconcile payments to the employee with subsequent assigned payments from the WCB. In light of this, the time limitation for correcting over or part shift under payments provided in Article 27 shall not commence until the Employer has received reimbursement for WCB, or has issued any statement of adjustment to the employee, whichever is not paid by the Workers’ Compensation Board, this shift or part shift shall be paid by the Corporationlater. (c) Employees receiving An employee who is in receipt of Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior Benefits and who is not eligible to employment with receive the Corporation WCB Supplement pursuant to Article 24.01(b) shall be paid wage loss directly by WCBdeemed to be on a leave of absence without pay. (d) Where an An employee in receipt of Workers' Compensation benefits shall: (i) be deemed to remain in the continuous service of the Employer for purposes of prepaid health benefits and salary increments; (ii) accrue vacation credits and sick leave for the first (1st) month of such absence. 24.02 An employee who has been on Workers' Compensation and who is absent on Long Term Disability and/or WCB in excess of one (1) year, the employee’s annual vacation pay shall be prorated certified by the period of absence that exceeds one (1) year Workers' Compensation Board to be fit to return to work and the employee shall not accrue vacation for the period of absence that exceeds one (1) year.who is: (ea) Where capable of performing the WCB ceases paying temporary disability benefits to an employee and duties of her former position shall provide the employee is unable Employer with two (2) weeks written notice, when possible, of readiness to return to work. The Employer shall reinstate the employee in the same classification held by her immediately prior to the disability with benefits that accrued to her prior to the disability; (b) incapable of performing the duties of her former position, the time absent on WCB shall be integrated with the entitled to benefits she is eligible for under Sick Leave and or Short Term Disability or Long Term Disability Plans Disability, in accordance with Article 23 or 25. 24.03 The reinstatement of an employee in accordance with this Article shall not be construed as being a violation of the posting and/or scheduling provisions of Articles 29 and the employee shall be placed on the appropriate Plan at the point reached when WCB payments ceased11.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee who has completed six Where an employee suffers from a disease or illness or incurs personal injury (6which disease, illness or injury is hereinafter called the "disability") months 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 continuous service and any such disability. (b) An employee, whose claim for WCB WorkSafeBC temporary disability benefits is accepted by the WCBWorkSafeBC, shall assign all monies received from WCB the employee's WorkSafeBC cheque to the Corporation Employer and the Corporation Employer shall pay the employee’s 's approximate net salary calculated on the employee’s regular classified rate salary. (i) During a period of pay, subject to paragraph (c) below. While delay while WorkSafeBC is processing a claim for WCB 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 pendingdefined 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 will shall be eligible for any available benefits under entitled to an advance as described above, provided the Sick Leave Plan. Where employee has sufficient annual vacation or other banked credits to repay the WCB subsequently accepts advance. (ii) Following a decision by WorkSafeBC to accept or disallow an employee’s claim, the employee’s pay employee shall be recalculated retroactive for entitled retroactively, subject to meeting the period of eligibility requirements under the WCB claim. (b) Where appropriate plan(s), to pay in accordance with the first shift or part shift is not paid by provisions that are applicable during the Workers’ Compensation Board, this shift or part shift delay period. Such pay combined with any payments from WorkSafeBC shall be used to repay, to the extent necessary, the advance paid by the Corporation. under paragraph (cc)(i) Employees receiving Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior to employment with the Corporation shall be paid wage loss directly by WCBabove. (d) Where an employee becomes entitled to Workers' Compensation and payment is absent on Long Term Disability and/or WCB in excess of one (1) yearnot made for the first day or part day, the employee’s annual vacation pay such day or part day shall be prorated paid 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) yearEmployer. (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 2 contracts

Samples: Collective Agreement, Collective Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee who has completed six (6) months of continuous service and whose claim for WCB temporary disability benefits is accepted by the WCB, shall assign all monies received from WCB to the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period member of the WCB claim. (b) Where the first shift Association, who is absent from regular duty as a result of an injury or part shift is not paid illness deemed compensable by the Workers’ Compensation Board, this shift or part shift shall be paid 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 CorporationCity 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) hereof. c) Pending the initial determination as to the compensability of the injury/illness by the Workers’ Compensation Board, 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 have the right to appeal. During this period the member shall continue to use the credits available to him as provided for in (c) Employees receiving hereof. e) When either the initial adjudication and/or appeal is accepted by the Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior to employment with the Corporation 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) yearBoard, the employee’s annual sick leave records and/or accumulated vacation pay credits shall be prorated reinstated with the number of hours for which payment has been authorized by the period of absence that exceeds one Board. f) If the member’s appeal is successful the City shall pay to such member the amount due him under (1a) year and the employee shall not accrue vacation hereof for the period of absence time such payments were not made under (d) 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 exceeds one (1) yearthe member has recovered from such injury/illness. (eg) Where A member of the WCB ceases paying temporary disability benefits Department, who is absent from regular duty as a result of a compensable injury/illness, will be allowed to an employee accrue and/or utilize his vacation and general holiday entitlements so long as 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.member has worked a minimum of twenty

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Workers’ Compensation. (a) A Regular Full-Time An Employee with sick leave credits accumulated prior to June 10, 2006, and who has completed six is incapacitated and unable to work as a result of an accident sustained while on duty in the service of the Employer within the meaning of the Workers’ Compensation Act shall continue to receive full net take home pay calculated at the basic rate of pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist: (6i) months of continuous service and whose claim the Employee assigns over to the Employer, on proper forms, the monies due to her from the WCB for time lost due to an accident; and (ii) the Employee’s accumulated sick leave credits are sufficient so that an amount proportionate to the WCB temporary disability benefits is accepted supplement paid by the WCBEmployer, shall assign all monies received from WCB but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an Employee is off work due to accident within the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period meaning of the WCB claimAct; and (iii) the Employee keeps the Employer informed regarding the status of her WCB claim and provides any medical or claim information that may be required by the Employer. (b) Where The Parties recognize that the first shift or part shift is not paid by Employer may be required to reconcile payments to the Employee with subsequent assigned payments from the WCB. In light of this, reconciliation shall occur when the Employer has received reimbursement from the Workers’ Compensation Board, this shift or part shift shall be paid by has issued any statement of adjustment to the CorporationEmployee, whichever is later. (c) Employees receiving An Employee who is in receipt of Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior benefits and who is not eligible to employment with receive the Corporation WCB Supplement pursuant to Article 24.01(b) shall be paid wage loss directly by WCBdeemed to be on a leave of absence without pay. (d) Where an employee An Employee in receipt of Workers’ Compensation benefits shall: (i) be deemed to remain in the continuous service of the Employer for purposes of prepaid health benefits and salary increments; (ii) accrue vacation credits and sick leave for the first (1st) month of such absence. 24.02 An Employee who has been on Workers’ Compensation and who is absent on Long Term Disability and/or WCB in excess of one (1) year, the employee’s annual vacation pay shall be prorated certified by the period of absence that exceeds one (1) year Workers’ Compensation Board to be fit to return to work and the employee shall not accrue vacation for the period of absence that exceeds one (1) year.who is: (ea) Where capable of performing the WCB ceases paying temporary disability benefits to an employee and duties of her former position, shall provide the employee is unable Employer with two (2) weeks written notice, when possible, of readiness to return to work. The Employer shall reinstate the Employee in the same classification held by her immediately prior to the disability with benefits that accrued to her prior to the disability; (b) incapable of performing the duties of her former position, the time absent on WCB shall be integrated with the entitled to benefits she is eligible for under Sick Leave and Long or Short-Term Disability Plans or Long-Term Disability, in accordance with Article 25. 24.03 The reinstatement of an Employee in accordance with this Article shall not be construed as being a violation of the posting and/or scheduling provisions of Articles 11 and the employee shall be placed on the appropriate Plan at the point reached when WCB payments ceased29.

Appears in 1 contract

Samples: Collective Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee 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 who has completed six (6) months incurred bodily injury arising out of continuous and in the course of actual performance of duty in the service of the County, which bodily injury totally incapacitates such employee from performing his/her assigned duties, shall be entitled to disability compensation upon the following basis and whose claim subject to the following provisions: 1. The employee must be eligible for WCB temporary disability benefits is accepted 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 injury within the meaning and definition of this paragraph shall immediately notify his/her supervisor. If instructed by the WCBsupervisor, the injured employee shall report to a medical facility approved by the County. 4. The employee, so incapacitated, shall assign all monies received from WCB to the Corporation and the Corporation shall pay the employee’s approximate net salary calculated be continued on the employee’s regular classified rate County payroll during the period of pay, subject disability compensation hereinafter set forth. 5. For the period during which the employee is disabled and receiving pay supplemental to paragraph (c) below. While a claim for WCB temporary disability benefits is pendinghis/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 eligible for any available benefits 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 Plan. Where the WCB subsequently accepts an employee’s claim, Reserve (and the employee’s pay '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 recalculated retroactive 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 period of day, week, half-month, or other period. This supplement shall continue for 104 weeks or until the WCB claimemployee's Sick Leave Reserve (and Annual Leave Bank if the employee had so chosen) has been depleted, whichever occurs first. (b) Where the first shift or part shift is not paid by the Workers’ Compensation Board, 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 employment with the Corporation 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, b. If the employee’s annual vacation pay shall be prorated by 's Sick Leave Reserve (and Annual Leave Bank if the period of absence that exceeds one (1employee so chooses) year has been depleted and the employee has 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 salary. The County's 2/3rds pay supplement shall be made for a period not accrue vacation for to exceed twenty-six (26) weeks; however, in no case shall the period combination of absence that exceeds one the supplement payments (1A.8.a and A.8.b.) yearexceed 104 weeks. (e) Where c. Upon the WCB ceases paying temporary disability benefits to expiration of the 104 weeks an employee and the employee is unable to return to work, the time absent on WCB duty shall be integrated with terminated by the Sick Leave County. The County will have no further obligation to the former employee, unless the employee qualifies for and Long Term Disability Plans receives retirement benefits as provided in Article 24, Retirement System and the employee Macomb County Employees' Retirement Ordinance. d. Any Sick or Annual Leave earned and accrued once the County 2/3rds pay supplement begins shall be placed on paid to the appropriate Plan at former employee upon termination of the point reached when WCB payments ceasedactive employment relationship. 9. The foregoing provisions shall neither restrict nor enlarge upon the provisions and benefits accorded by the Macomb County Employees' Retirement Ordinance relative to total and permanent disability provided for therein.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee who has completed six (6) months of continuous service and whose claim If an employee qualifies for WCB temporary disability benefits is accepted by the WCBWorker’s Compensation benefits, shall assign all monies received from WCB to the Corporation and the Corporation employee elects to have the Employer supplement the benefits, the following procedures shall apply: 1. The Employer shall pay the employee’s approximate net salary calculated on employee the employee’s regular classified rate of pay for the number of days the employee has accumulated as medically related disability leave. 25 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 payments 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, subject 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 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 the employee elects not to paragraph (c) below. While a claim for WCB temporary disability benefits is pendinghave the Employer supplement the benefit, the employee will be eligible for any available benefits under shall retain the Sick Leave Plan. Where Worker’s Compensation benefits, and the WCB subsequently accepts an employee’s claim, Employer shall make no deduction from the employee’s pay accumulated medically related disability leave. The employee shall notify the Employer of his/her option within three days of receipt of the Employer’s notice to elect such option. Failure to report within such time limit shall be recalculated retroactive for treated as an election not to have the period of Employer supplement the WCB claimbenefits. (b) Where the first shift or part shift is not paid by the Workers’ Compensation Board, 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 employment with the Corporation 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: Comprehensive Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee who has completed six (6) months of continuous service and whose claim for WCB temporary disability benefits is accepted 25.01 Each accident or injury incurred on duty must be reported to the Employer. 25.02 Employees shall be covered by the WCB, shall assign all monies received from WCB Workers' Compensation Act and Regulations thereunder. An employee who is unable to work as a result of a disability incurred while on duty in the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period service of the WCB claim. (b) Where the first shift or part shift is not paid by Employer, and who qualifies for benefits pursuant to the Workers’ Compensation Act, will receive compensation benefits directly from the Workers' Compensation Board. 25.03 An employee who has been on Workers' Compensation, this shift or part shift shall be paid and who is certified by the Corporation. (c) Employees receiving Workers' Compensation allowance for a recurrence of an injury or ailment suffered prior Board to employment with the Corporation 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 fit to return to work, and who is capable of performing the time absent on WCB duties of her former position, shall be integrated provide the Employer with two (2) weeks written notice of her readiness to return to work. The Employer shall then reinstate the Sick Leave employee in the same position held by her immediately prior to the disability with benefits that accrued to her prior to the disability. In circumstances where the employee is fit to return and Long Term Disability Plans and the Employer can make the employee’s position available before the two weeks’ notice has expired, then the employee shall return to work at that time. 25.04 At the expiration of twenty-four (24) months from the first day of absence as a result of an accident sustained while on duty in the service of the Employer within the meaning of the Workers' Compensation Act, an employee who is not capable of returning to work shall be placed on considered to have terminated her employment relationship with the appropriate Plan at Employer. 25.05 For the point reached when WCB payments ceasedpurpose of determining salary increments, a regular employee who is in receipt of Workers' Compensation benefits shall be deemed to remain in the continuous service of the Employer. 25.06 The reinstatement of an employee in accordance with this Article shall not be construed as being in violation of the posting and/or scheduling provisions of Articles 11 and 14. 25.07 Employees who are in receipt of Workers' Compensation shall not be entitled to named holidays, and shall cease to accrue vacation and sick leave credits if such absence due to disability exceeds thirty (30) calendar days.

Appears in 1 contract

Samples: Collective Agreement

Workers’ Compensation. (a) A Regular Full-Time 22.01 An Employee who has completed six (6) months is unable to work as a result of continuous a disability incurred while on duty in the service of the Employer and whose claim who qualifies for WCB temporary disability benefits is accepted by the WCB, shall assign all monies received from WCB pursuant to the Corporation and Workers’ Compensation Act will receive benefits directly from the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period of the WCB claimWorkers’ Compensation Board. (b22.02 If the Employee incurs delays in receiving payment(s) Where the first shift or part shift is not paid by from the Workers’ Compensation Board, this shift the Employer may advance or part shift lend money, in the amount(s) due from the Workers’ Compensation Board providing the necessary repayment or cheque transfer forms are signed by the Employee. 22.03 An Employee receiving compensation benefits under the Benefits Article shall be paid deemed to be on Workers' Compensation leave and shall: (a) remain in the continuous service of the Employer for the purpose of salary increments and Prepaid Health Benefits; (b) cease to earn sick leave and vacation credits subject to the Vacation and Sick Leave Articles; (c) not be entitled to Named Holidays with pay falling within the period of Workers' Compensation leave. 22.04 An Employee on Workers' Compensation leave and who is certified by the CorporationWorkers' Compensation Board to be fit to return to work and who is: (a) capable of performing the duties of her former position shall provide the Employer with fourteen (14) days' written notice of readiness to work. Such advance notice shall not be required in the case of short term absence on Workers' Compensation leave, i.e. where the expected duration of the leave at the time of onset was less than twenty-eight (28) calendar days. The Employer shall then reinstate the Employee in the same position held by her immediately prior to the disability with benefits that accrued to her prior to the disability. However, if an Employee’s absence exceeds 18 months, the Employer may place her in a similar position in the same classification, FTE, increment in the salary schedule and other benefits that accrued to her prior to her disability. (b) incapable of performing the duties of her former position, but is capable of performing the duties of a position within the Bargaining Unit, a reasonable effort shall be made by the Employer to place her in an available position for which she has the skill, training, knowledge and capability to perform. The Employer shall not unreasonably deny placement. In such case, the Union agrees to waive the posting provisions of the Collective Agreement. (c) Employees receiving incapable of performing the duties of her former classification may make application for any benefits for which she is eligible under Sick Leave or Employee Benefits Plans. 22.05 The reinstatement of an Employee in accordance with this Article shall not be construed as being in violation of the posting and/or scheduling provisions of the Collective Agreement. 22.06 At the time it is determined that an absence due to injury which is compensable pursuant to the Workers' Compensation allowance Act, is expected, or will continue for a recurrence period in excess of an injury or ailment suffered prior to employment six (6) months from the date of onset of the condition, the Employer will provide the Employee with the Corporation shall be paid wage loss directly by WCB. (d) Where an employee is absent on appropriate form to submit a pending claim to the Underwriter of the Long Term Disability and/or WCB in excess Income Insurance. 22.07 Any and all obligations of one (1) year, the employee’s annual vacation pay Employer shall be prorated by negated should the period Employee fail to keep the Employer informed of absence that exceeds one (1) year the prognosis of her condition in a prompt and the employee shall not accrue vacation for the period of absence that exceeds one (1) yeartimely manner. (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) A Regular Full1. The VILLAGE will carry Workers’ Compensation coverage for all employees covered by this Agreement in accordance with the law. 2. No benefits or payment under this Article shall be made if the disability or injury is self-Time Employee who has completed inflicted, continues as a result of the employee's failure to fully cooperate with medical advice or corrective therapy, or was sustained when the employee was under the influence of drugs/alcohol. 3. For purposes of this benefit, the term injury means: personal injury by accident arising out of and in the course of employment, and such diseases or infection as naturally or unavoidably result from such injury. 4. In the event of an on-the-job injury determined to be compensable under the provisions of the Workers' Compensation Act, a regular full-time employee will be carried at full pay for up to six (6) months of continuous service and whose claim for WCB temporary disability benefits is accepted by the WCBpay periods, shall assign all monies received from WCB to the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of payless any workers' compensation benefits, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period of the WCB claim. (b) Where commencing the first shift or part shift is not paid by pay period following the Workers’ Compensation Board, 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 employment with the Corporation 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 date the employee is unable to work. Thereafter, the employee may supplement their workers’ compensation benefits with sick leave to reach full pay status. There is no supplemental pay during the pay period in which the employee returns to work. 5. In order to be considered for this supplemental pay benefit, the following conditions must be met: A. The employee must provide written testimony evidence that their injury was received while on duty and in the performance of duty. An injury received while the employee is attending a department approved training program shall be considered a line of duty injury. B. Any employee who has a claim for compensation because of an injury on the job, as described above, shall report the claim to the Police Chief and thereafter file a report, on the form provided by the VILLAGE, with the Human Resources Department. C. Any employee who is able to return to work after a job-related injury shall be reinstated to their former job duties and position, provided the employee is qualified to perform all of the duties and responsibilities of their previous position and is certified by a medical doctor prior to the employee returning to work. The VILLAGE may require confirmation of fitness to return to work. D. If the employee is unable to assume their former responsibilities, the time absent on WCB employee shall be integrated with the Sick Leave and Long Term Disability Plans have first preference to fill another VILLAGE Police position, if a vacancy occurs and the employee qualifies for such position. E. Nothing herein shall be placed on require the appropriate Plan at VILLAGE to create a light duty position when there is no operational or fiscal justification for its creation. F. An employee must report an on-the-job injury immediately following the point reached when WCB payments ceasedfirst symptoms of injury. 6. An accident, which is defined as an incident that results in injury to any person or damage to any property, constitutes grounds for reasonable suspicion drug testing. 7. In the event the provisions of Chapter 440 Florida Statutes provide greater benefits to an employee injured in the course and scope of employment than the benefits provided by this Article, the provision of Chapter 440 will prevail.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Workers’ Compensation. (a) A Regular Fullpermanent non-Time Employee who has completed six (6) months safety employee shall continue to receive the appropriate percent regular monthly salary, for all accepted claims filed before January 1, 2000, during any period of continuous service and whose claim for WCB compensable temporary disability absence not to exceed one year. For all accepted claims filed with the County on or after January 1, 2000, the percentage of pay for employees entitled to 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 is accepted by as defined under the WCBWorkers' Compensation Laws of California, shall assign all monies received from WCB Labor Code Section 4850. If Workers' Compensation becomes taxable, the County agrees to restore the Corporation original benefit level (100% of monthly salary) and the Corporation parties shall pay meet and confer with respect to funding the employee’s approximate net 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 calculated on the employee’s regular classified rate during any period of pay, subject to paragraph (c) below. While a claim for WCB compensable temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Planabsence. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive "Compensable temporary disability absence" for the period purpose of the WCB claim. (b) Where the first shift or part shift this Section, is not paid by 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 BoardLaws of California. When any disability becomes permanent, the salary provided in this shift or part shift 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 the Corporation. (c) Employees receiving Workers’ Compensation allowance made against sick leave or vacation for a recurrence of an injury or ailment suffered prior to employment with the Corporation 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 these salary payments. Sick leave and vacation pay shall be prorated by the period of absence that exceeds one (1) year and the employee rights shall not accrue vacation for those periods during which salary payments are made. The maximum period for the period of absence that exceeds described salary continuation for any 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 injury or illness shall be integrated with one year from 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 ceaseddate of temporary disability.

Appears in 1 contract

Samples: Memorandum of Understanding (Mou)

Workers’ Compensation. (a) A Regular Full-Time Employee An employee who has completed six is incapacitated and unable to work as a result of an accident sustained while on duty in the service of the Employer within the meaning of the Workers' Compensation Act shall continue to receive full net take home pay calculated at the basic rate of pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist: (6i) months of continuous service and whose claim the employee assigns over to the Employer, on proper forms, the monies due to her from the WCB for time lost due to an accident, and (ii) the employee's accumulated sick leave credits are sufficient so that an amount proportionate to the WCB temporary disability benefits is accepted supplement paid by the WCBEmployer, shall assign all monies received from WCB but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an employee is off work due to accident within the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period meaning of the WCB claimAct; and (iii) the employee keeps the Employer informed regarding the status of her WCB claim and provides any medical or claim information that may be required by the Employer. (b) Where The parties recognize that the first shift Employer may be required to reconcile payments to the employee with subsequent assigned payments from the WCB. In light of this, the time limitation for correcting over or part shift under payments provided in Article 27 shall not commence until the Employer has received reimbursement for WCB, or has issued any statement of adjustment to the employee, whichever is not paid by the Workers’ Compensation Board, this shift or part shift shall be paid by the Corporationlater. (c) Employees receiving An employee who is in receipt of Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior benefits and who is not eligible to employment with receive the Corporation WCB Supplement pursuant to Article 24.01(b) shall be paid wage loss directly by WCBdeemed to be on a leave of absence without pay. (d) Where an An employee in receipt of Workers' Compensation benefits shall: (i) be deemed to remain in the continuous service of the Employer for purposes of prepaid health benefits and salary increments; (ii) accrue vacation credits and sick leave for the first (1st) month of such absence. 24.02 An employee who has been on Workers' Compensation and who is absent on Long Term Disability and/or WCB in excess of one (1) year, the employee’s annual vacation pay shall be prorated certified by the period of absence that exceeds one (1) year Workers' Compensation Board to be fit to return to work and the employee shall not accrue vacation for the period of absence that exceeds one (1) year.who is: (ei) Where capable of performing the WCB ceases paying temporary disability benefits to an employee and duties of her former position shall provide the employee is unable Employer with two (2) weeks written notice, when possible, of readiness to return to work. The Employer shall reinstate the employee in the same classification held by her immediately prior to the disability with benefits that accrued to her prior to the disability; (ii) incapable of performing the duties of her former position, the time absent on WCB shall be integrated with the entitled to benefits she is eligible for under Sick Leave and or Short Term Disability or Long Term Disability Plans Disability, in accordance with Article 23 or 25. 24.03 The reinstatement of an employee in accordance with this Article shall not be construed as being a violation of the posting and/or scheduling provisions of Articles 29 and the employee shall be placed on the appropriate Plan at the point reached when WCB payments ceased11.

Appears in 1 contract

Samples: Collective Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee who has completed six (6) months Where an employee is absent due to illness or which is compensable by Workers’ Compensation, the following shall apply. The Employer shall continue to pay his share of continuous service any and whose claim for WCB temporary disability 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 WCB, shall assign all monies received from WCB to employment relationship between the Corporation Employer and the Corporation 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 pay be considered as current year’s vacation entitlement under the employee’s approximate net salary calculated on terms of the employee’s regular classified rate Agreement. In the case of pay, subject an absence due to paragraph (c) below. While a claim for WCB temporary disability benefits is pendingcompensable accident, the employee will be eligible paid at her regular rate of pay for any available benefits under all scheduled hours on the Sick Leave Planday of the accident. In the case on an absence due to a compensable accident, where the anticipated length of such absence is four months or more, the Employer will post notice of the vacancy in accordance with the job posting procedure of this Agreement. Where the WCB subsequently accepts an employee’s claimanticipated absence is less than four months, the employee’s pay Employer may fill the position at his discretion. The injured employee shall be recalculated retroactive for the have a period of two years from the WCB claim. (b) Where date of the first shift or part shift is not paid by 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 BoardBoard or the attending physician, this which shall indicate to the Employer that the employee has the physical capability to perform her normal job. 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 or part 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 paid returned to her former job or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued in accordance with the seniority provisions. (This would be effected by the Corporationreturning employee displacing the employee with the least seniority in the category to which she is returning. (c) Employees receiving If, on the recommendation of the Workers’ Compensation allowance for a recurrence of an injury Board or ailment suffered prior to employment with the Corporation 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 attending physician the employee is unable to return to workcapable only of performing work of a different kind, or of a lighter nature, and such work is available within the time absent on WCB shall be integrated 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 Sick Leave and Long Term Disability Plans and least seniority in the classification. benefits to which the employee shall would be placed on entitled under the appropriate Plan at sick leave plan. Any payment under this provision will continue for a maximum duration equal to that of the point reached when WCB payments ceasedweekly indemnity plan.

Appears in 1 contract

Samples: Collective Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee who has completed six (6) months of continuous service and whose claim for WCB temporary disability An employee excluding a casual worker is being compensated under the Workers’ Compensation Act, the Employer shall pay a supplement to the employee excluding a casual worker equal to the difference between the earnings replacement benefits is accepted by the WCB, shall assign all monies received from WCB to the Corporation Workers’ Compensation and the Corporation shall pay the employee’s approximate net salary calculated on 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 regular classified rate accumulated sick leave credits an equivalent number of pay, subject to paragraph (c) belowsick leave hours as were paid in the supplement. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts When an employee’s claimaccumulated sick leave credits are exhausted, the employee’s pay supplement shall cease and the employee shall be recalculated retroactive for paid only the period of the WCB claimWorkers’ Compensation benefits. (b) Where The Employer shall continue the first shift or part shift is not paid eligibility of the Employee and the Employer's cost sharing relationship with the Employee so as to allow for the Employee to continue in the NSHEPP, Group Health and Group Life Plans. The Employee must agree to pay the usual cost shared amount (i.e. Group Health 65/35%, Dental 50%/50% and Group Life 50/50%) for participation in the Plans. This entitlement shall be reviewed by the Workers’ Compensation Board, this shift or part shift Employer on a year‐to‐year basis. In no case shall the Employer be paid by required to cost share the Corporationbenefits for a period longer than eighteen (18) months following the onset of the WCB period. This shall not determine the Employee's eligibility to participate in the Plans. (c) Employees receiving The employee shall continue to accrue seniority while in receipt of Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior to employment with the Corporation shall be paid wage loss directly by WCBbenefits. (d) Where an The employee is absent on Long Term Disability and/or WCB shall accrue vacation credits while in excess receipt of Workers’ Compensation benefits until such time as the employee’s vacation bank (including any vacation credits existing at the time of the injury) equals a maximum of one (1) year, the employee’s year of 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) yearentitlement. (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. 38.1 Where permitted by the Workers’ Compensation Act and where it will not adversely affect the compensation to be paid to an Employee, the Employer shall provide the following benefits: (a) A Regular Full-Time Employee who has completed six (6) months The first two days of continuous service and whose claim for WCB temporary disability benefits is accepted injury will be paid by the WCB, shall assign all monies received from WCB to Employer as permitted by the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period of the WCB claimWorkers’ Compensation Act. (b) Where The supplementing (topping up) of pay (excluding the first shift or part shift two days following a compensable injury) up to a maximum of ninety-five percent (95%) of the net pre-accident pay. 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. The value of such top-up shall be pro-rated and charged against accrued sick leave provided that the accrued sick leave balance is not less than the equivalent of five (5) sick leave days for the applicable classification. Such top up shall expire once the accrued sick leave hours reach the minimum threshold described above and the employee shall be paid by only the Workers’ Compensation Board, this shift or part shift shall be paid by the Corporationbenefits. (c) Employees receiving Workers’ Should this collective agreement contain specific language that entitles an employee to accrue sick leave benefits while in receipt of Workers Compensation allowance for a recurrence benefits, then such accrual will only be available to the employee upon his/her return to active employment and cannot be used to supplement (top up) the current WCB claim. Should the collective agreement be silent on the accrual of an injury or ailment suffered prior to employment with sick leave while on WCB, then the Corporation process as outline in (b) above shall be paid wage loss directly by WCBprevail. (d) Where an employee is absent on Long Term Disability and/or WCB in excess The continuation of one (1) year, the employeepayment of the Employer’s annual vacation pay shall be prorated by share of any benefit plans during the period term of absence that exceeds one (1) year and the employee shall not accrue vacation for the period of absence that exceeds one (1) yeara compensable claim. (e) Where Notwithstanding any other article of the WCB ceases paying temporary disability benefits collective agreement, when an Employee is off work on an approved Workers’ Compensation claim, the job will be posted temporarily for a period of up to an employee two (2) years. If the Employee is not able to return to work at the end of the two (2) year period, the job will be posted permanently. Should the Employee’s condition improve and the employee is unable able to return to work, the time absent on WCB shall be integrated with the Sick Leave and Long Term Disability Plans and the employee he/she shall be placed on in a position equivalent to the appropriate Plan position vacated because of the Workers’ Compensation illness or accident. (f) An employee shall continue to accrue seniority while in receipt of Workers’ Compensation Benefits. (g) When an Employee is in receipt of temporary earning replacement benefits under the Workers Compensation Act his/her vacation pay or entitlement shall continue to be paid during the first twelve (12) months as if the Employee was actively at the point reached when WCB payments ceased.work. After twelve

Appears in 1 contract

Samples: Collective Agreement

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Workers’ Compensation. (a) A Regular Full-Time Employee who has completed six (6) months of continuous service and whose claim for WCB temporary disability When an employee is 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 is accepted by the WCB, shall assign all monies received from WCB to the Corporation Workers’ Compensation and the Corporation shall pay the employee’s approximate net salary calculated on 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 regular classified rate accumulated sick leave credits an equivalent number of pay, subject to paragraph (c) belowsick leave hours as were paid in the supplement. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts When an employee’s claimaccumulated sick leave credits are exhausted, the employee’s pay supplement shall cease and the employee shall be recalculated retroactive for paid only the period of Workers’ Compensation benefits, paid directly to the WCB claimemployee by Workers’ Compensation. (b) Where The Employer and the first shift or part shift employee shall continue to cost share the premiums of the group health benefit plan and group life insurance while an employee is not paid by the in receipt of Workers’ Compensation Board, this shift or part shift shall be paid by the Corporationbenefits up to a maximum period of eighteen (18) months. (c) Employees receiving An employee shall continue to accrue seniority while in receipt of Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior to employment with the Corporation shall be paid wage loss directly by WCBbenefits. (d) Where an An employee is absent on Long Term Disability and/or WCB shall accrue vacation credits while in excess receipt of Workers’ Compensation benefits until such time as the employee’s vacation bank (including any vacation credits existing at the time of the injury) equals a maximum of one (1) year, year of annual vacation entitlement. Such vacation is to be used upon the employee’s annual vacation pay shall be prorated by return to work in accordance with the period provisions of absence that exceeds one (1) year and the employee shall not accrue vacation for the period of absence that exceeds one (1) yearArticle 20. (e) Where An employee shall not accrue any other benefits while on Workers’ Compensation. (f) While an 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 WCB ceases paying temporary disability benefits the Employee would be paid under Workers’ Compensation. In the event the an Employee’s claim for Workers’ Compensation benefits is not approved, the Employee may apply for sick leave in accordance with sick leave provisions of the Agreement. Paid sick benefits would be limited to an employee the sick leave accumulation then available and are conditional on the employee is unable being able to return establish to work, the time absent on WCB shall be integrated with Employer that the Sick Leave and Long Term Disability Plans and illness or injury prevents the employee shall be placed on the appropriate Plan at the point reached when WCB payments ceasedfrom working.

Appears in 1 contract

Samples: Collective Agreement

Workers’ Compensation. (a) A Regular Fullpermanent non-Time Employee who has completed six (6) months safety employee shall continue to receive the appropriate percent regular monthly salary, for all accepted claims filed before January 1, 2000, during any period of continuous service and whose claim for WCB compensable temporary disability absence not to exceed one year. For all accepted claims filed with the County on or after January 1, 2000, the percentage of pay for employees entitled to 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 is accepted by as defined under the WCBWorkers' Compensation Laws of California, shall assign all monies received from WCB Labor Code Section 4850. If Workers' Compensation becomes taxable, the County agrees to restore the Corporation original benefit level (100% of monthly salary) and the Corporation parties shall pay meet and confer with respect to funding the employee’s approximate net 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 calculated on the employee’s regular classified rate during any period of pay, subject to paragraph (c) below. While a claim for WCB compensable temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Planabsence. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive "Compensable temporary disability absence" for the period purpose of the WCB claim. (b) Where the first shift or part shift this Section, is not paid by 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 BoardLaws of California. When any disability becomes permanent, the salary provided in this shift or part shift 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 the Corporation. (c) Employees receiving Workers’ Compensation allowance made against sick leave or vacation for a recurrence of an injury or ailment suffered prior to employment with the Corporation 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 these salary payments. Sick leave and vacation pay shall be prorated by the period of absence that exceeds one (1) year and the employee rights shall not accrue vacation for those periods during which salary payments are made. The maximum period for the period of absence that exceeds described salary continuation for any 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 injury or illness shall be integrated with one year from 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 ceaseddate of temporary disability.

Appears in 1 contract

Samples: Memorandum of Understanding

Workers’ Compensation. (a) A Regular Full-Time Employee who has completed six (6) months of continuous service and whose claim If an employee qualifies for WCB temporary disability benefits is accepted by the WCBWorkers’ Compensation benefits, shall assign all monies received from WCB to the Corporation and the Corporation employee elects to have the Employer supplement the benefits, the following procedures shall apply: 1. The Employer shall pay the employee’s approximate net salary calculated on employee the employee’s regular classified 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 Workers’ Compensation payments 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, subject to paragraph (c) below. While a claim for WCB temporary full day of accumulated medically related disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay leave shall be recalculated retroactive deducted for each day of absence; should the period 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 WCB claimregular rate of pay, no accumulated medically related disability leave shall be deducted for each day of absence. (b) Where the first shift or part shift is not paid by 4. The employee shall retain the Workers’ Compensation Board, this shift or part shift shall be paid by the Corporation. (c) Employees receiving payments for periods of time following exhaustion of accumulated medically related disability leave. If an employee qualifies for Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior benefits, and the employee elects not to employment with have the Corporation Employer supplement the benefit, the employee 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) yearretain the Workers’ Compensation benefits, and the Employer shall make no deduction from the employee’s annual vacation pay accumulated medically related disability leave. The employee shall notify the Employer or his/her option within three days of receipt of the Employer’s notice to elect such option. Failure to report within such time limit shall be prorated by treated as an election not to have the period of absence that exceeds one (1) year and Employer supplement the employee shall not accrue vacation for the period of absence that exceeds one (1) yearbenefits. (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: Comprehensive Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee An employee who has completed six is incapacitated and unable to work as a result of an accident sustained while on duty in the service of the Employer within the meaning of the Workers’ Compensation Act shall continue to receive full net take home pay calculated at the basic rate of pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist: (6i) months of continuous service and whose claim for WCB temporary disability benefits is accepted by the WCB, shall assign all monies received employee does not elect to receive income replacement directly from WCB to the Corporation and the Corporation shall pay Workers’ Compensation Board; and (ii) the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject accumulated sick leave credits are sufficient so that an amount proportionate to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts supplement paid by the Employer, but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an employee’s claim, employee is off work due to accident within the employee’s pay shall be recalculated retroactive for the period meaning of the WCB claimAct; and (iii) the employee keeps the Employer informed regarding the status of their WCB claim and provides any medical or claim information that may be required by the Employer. (b) Where The Parties recognize that the first shift Employer may be required to reconcile payments to the employee with subsequent assigned payments from the WCB. In light of this, the time limitation for correcting over or part shift is under payments provided in Article 27 shall not paid by commence until the Employer has received reimbursement from the Workers’ Compensation Board, this shift or part shift shall be paid by has issued any statement of adjustment to the Corporationemployee, whichever is later. (c) Employees receiving An employee who is in receipt of Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior benefits and who is not eligible to employment with receive the Corporation WCB Supplement pursuant to Article 24.01(A) shall be paid wage loss directly by WCBdeemed to be on a leave of absence without pay. (d) Where an An employee in receipt of Workers’ Compensation benefits shall: (i) be deemed to remain in the continuous service of the Employer for purposes of prepaid health benefits and salary increments; (ii) accrue vacation credits and sick leave for the first (1st) month of such absence. 24.02 An employee who has been on Workers’ Compensation and who is absent on Long Term Disability and/or WCB in excess of one (1) year, the employee’s annual vacation pay shall be prorated certified by the period of absence that exceeds one (1) year Workers’ Compensation Board to be fit to return to work and the employee shall not accrue vacation for the period of absence that exceeds one (1) year.who is: (ea) Where capable of performing the WCB ceases paying temporary disability benefits to an employee and duties of their former position, shall provide the employee is unable Employer with two (2) week written notice, when possible, of readiness to return to work. The Employer shall reinstate the employee in the same classification held by them immediately prior to the disability with benefits that accrued to them prior to the disability; (b) incapable of performing the duties of their former position, the time absent on WCB shall be integrated with the entitled to benefits they are eligible for under Sick Leave and Long or Short- Term Disability Plans or Long-Term Disability, in accordance with Articles 23 or 25. 24.03 The reinstatement of an employee in accordance with this Article shall not be construed as being a violation of the posting and/or scheduling provisions of Articles 11 and the employee shall be placed on the appropriate Plan at the point reached when WCB payments ceased29.

Appears in 1 contract

Samples: Collective Agreement

Workers’ Compensation. In the event that an employee covered by this Agreement is injured while at work and as a consequence of said injury receives Worker's Compensation disability pay, said employee, shall receive his/her Worker’s Compensation payment plus such supplemental payment so that the total of his/her Worker’s Compensation and supplemental pay will equal his/her full pay at the same rate as he/she was paid prior to such injury or disease for a period not to exceed one hundred eighty (180) calendar days. These provisions are subject to the following restrictions: (a) A Regular Full-Time Employee who has completed six (6) months of continuous service In the event that a Worker's Compensation claim is contested, Worker's Compensation and whose claim for WCB temporary disability benefits is accepted supplemental pay by the WCB, County shall assign be held up until the claim is settled or an award made by the State at which time the employee shall be entitled to receive in a lump sum all monies received from WCB their Worker's Compensation plus supplemental pay accumulated since the date of their first absence due to the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period of the WCB claiminjury or disease. (b) Where During the first shift or part shift period when an employee is not paid entitled to full pay by the Workers’ Compensation Board, Employer under the provisions of this shift or part shift section there shall be paid by the Corporationno deductions from sick leave allowance, overtime allowance, or vacation credit of such employee. (c) Employees receiving Workers’ Compensation allowance for After one hundred eighty (180) calendar days if the employee has a recurrence of an injury or ailment suffered prior to employment with the Corporation 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) yearsick leave balance, the employeeemployee has the option of supplementing Worker’s annual vacation pay shall be prorated by the period of absence that exceeds one (1) year and Compensation up to a full paycheck as long as a sick leave balance remains. If the employee exercises the option to supplement Worker’s Compensation, such election shall not accrue vacation last for the duration of the Worker’s Compensation leave or until the sick leave balance is exhausted. The Employee will continue to remain on the payroll and will continue to receive health and dental insurance. If the employee returns to regular FTE status, the employee will have his/her longevity credits restored for the period of absence that exceeds one (1) yearsupplementation. (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 Bargaining Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee who has completed six (6) months of continuous service and whose claim If an employee qualifies for WCB temporary disability benefits is accepted by the WCBWorkers’ Compensation benefits, shall assign all monies received from WCB to the Corporation and the Corporation employee elects to have the Employer supplement the benefits, the following procedures shall apply: 1. The Employer shall pay the employee’s approximate net salary calculated on employee the employee’s regular classified 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 Workers’ Compensation payments 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, subject to paragraph (c) below. While a claim for WCB temporary full day of accumulated medically related disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay leave shall be recalculated retroactive deducted for each day of absence; should the period 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 WCB claimregular rate of pay, no accumulated medically related disability leave shall be deducted for each day of absence. (b) Where the first shift or part shift is not paid by 4. The employee shall retain the Workers’ Compensation Board, this shift or part shift shall be paid by the Corporation. (c) Employees receiving payments for periods of time following exhaustion of accumulated medically related disability leave. If an employee qualifies for Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior benefits, and the employee elects not to employment with have the Corporation Employer supplement the benefit, the employee 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) yearretain the Workers’ Compensation benefits, and the Employer shall make no deduction from the employee’s annual vacation pay accumulated medically related disability leave. The employee shall notify the Employer or his/her option within three days of receipt of the Employer’s notice to elect such option. Failure to report within such time limit shall be prorated by treated as an election not to have the period of absence that exceeds one (1) year and Employer supplement the employee shall not accrue vacation for the period of absence that exceeds one (1) yearbenefits. (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: Comprehensive Agreement

Workers’ Compensation. (a) A Regular Full-Time An Employee who has completed six is incapacitated and unable to work as a result of an accident sustained while on duty in the service of the Employer within the meaning of the Workers’ Compensation Act shall continue to receive full net take home pay calculated at the Basic Rate of Pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist: (6i) months of continuous service and whose claim the Employee assigns over to the Employer, on proper forms, the monies due to them from the WCB for time lost due to an accident; and (ii) the Employee’s accumulated sick leave credits are sufficient so that an amount proportionate to the WCB temporary disability benefits is accepted supplement paid by the WCBEmployer, shall assign all monies received from WCB but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an Employee is off work due to accident within the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period meaning of the WCB claimAct; and (iii) the Employee keeps the Employer informed regarding the status of their WCB claim and provides any medical or claim information that may be required by the Employer. (b) Where The Parties recognize that the first shift Employer may be required to reconcile payments to the Employee with subsequent assigned payments from the WCB. In light of this, the time limitation for correcting over or part shift is under payments provided in Article 27 shall not paid by commence until the Employer has received reimbursement from the Workers’ Compensation Board, this shift or part shift shall be paid by has issued any statement of adjustment to the CorporationEmployee, whichever is later. (c) Employees receiving An Employee who is in receipt of Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior benefits and who is not eligible to employment with receive the Corporation WCB Supplement pursuant to Article 24.01(b) shall be paid wage loss directly by WCBdeemed to be on a leave of absence without pay. (d) Where an employee An Employee in receipt of Workers’ Compensation benefits shall: (i) be deemed to remain in the continuous service of the Employer for purposes of prepaid health benefits and salary increments; (ii) accrue vacation credits and sick leave for the first (1st) month of such absence. 24.02 An Employee who has been on Workers’ Compensation and who is absent on Long Term Disability and/or WCB in excess of one (1) year, the employee’s annual vacation pay shall be prorated certified by the period of absence that exceeds one (1) year Workers’ Compensation Board to be fit to return to work and the employee shall not accrue vacation for the period of absence that exceeds one (1) year.who is: (ea) Where capable of performing the WCB ceases paying temporary disability benefits to an employee and duties of their former position, shall provide the employee is unable Employer with two (2) weeks written notice, when possible, of readiness to return to work. The Employer shall reinstate the Employee in the same classification held by them immediately prior to the disability with benefits that accrued to them prior to the disability; (b) incapable of performing the duties of their former position, the time absent on WCB shall be integrated with the entitled to benefits they are eligible for under Sick Leave and Long or Short-Term Disability Plans or Long-Term Disability, in accordance with Articles 23 or 25. 24.03 The reinstatement of an Employee in accordance with this Article shall not be construed as being a violation of the posting and/or scheduling provisions of Articles 11 and the employee shall be placed on the appropriate Plan at the point reached when WCB payments ceased29.

Appears in 1 contract

Samples: Collective Agreement

Workers’ Compensation. In the event that an employee covered by this Agreement is injured while at work and as a consequence of said injury receives Worker's Compensation disability pay, said employee shall receive his/her Worker's Compensation payment plus such supplemental payment so that the total of his/her Worker's Compensation and supplemental pay will equal his/her full pay at the same rate as he/she was paid prior to such injury or disease for a period not to exceed 180 calendar days. These provisions are subject to the following restrictions: (a) A Regular Full-Time Employee who has completed six (6) months of continuous service In the event that a Worker's Compensation claim is contested, Worker's Compensation and whose claim for WCB temporary disability benefits is accepted supplemental pay by the WCB, County shall assign be held up until the claim is settled or an award made by the State at which time the employee shall be entitled to receive in a lump sum all monies received from WCB his/her Worker's Compensation plus supplemental pay accumulated since the date of his/her first absence due to the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period of the WCB claiminjury or disease. (b) Where During the first shift or part shift period when an employee is not paid entitled to full pay by the Workers’ Compensation Board, Employer under the provisions of this shift or part shift section there shall be paid by the Corporationno deductions from sick leave allowance, overtime allowance, or vacation credit of such employee. (c) Employees receiving Workers’ Compensation allowance for After one hundred eighty (180) calendar days if the employee has a recurrence of an injury or ailment suffered prior to employment with the Corporation 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) yearsick leave balance, the employeeemployee has the option of supplementing Worker’s annual vacation pay shall be prorated by the period of absence that exceeds one (1) year and Compensation up to a full paycheck as long as a sick leave balance remains. If the employee exercises the option to supplement Worker’s Compensation, such election shall not accrue vacation last for the duration of the Worker’s Compensation leave or until the sick leave balance is exhausted. The Employee will continue to remain on the payroll and will continue to receive health and dental insurance. If the employee returns to their regular FTE status, the employee will have his/her longevity credits restored for the period of absence that exceeds one (1) yearsupplementation. (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 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) A Regular FullIn the case of any on-Time Employee who has completed six (6) months the-job disability which is covered by State Industrial Insurance under the Xxxxxxx’x Compensation Act of continuous service and whose claim for WCB temporary disability benefits is accepted by the WCBState of Washington, shall assign all monies received from WCB the District will pay to such disabled employee out of his/her accumulated sick leave an allowance equal to the Corporation difference between the State Xxxxxxx’x Compensation benefits and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of straight-time gross pay, subject to paragraph (c) belowless statutory deductions, beginning at the time of disability and continuing until the accumulated sick leave entitlement is completed expended. While a claim for WCB temporary disability benefits If the employee is pendingstill disabled after his/her earned sick leave allowance is expended, the employee will be eligible for any available benefits under revert to only the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period of the WCB claimcoverage afforded by State Xxxxxxx’x Compensation Insurance. (b) Where Physician Approval of Continuing Worker’s Compensation: In order to receive sick leave pay under this section when the first shift employee has been off work for illness or part shift is not paid by the Workers’ Compensation Board, 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 employment with the Corporation 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 five (15) yeardays, the employee’s annual vacation pay shall be prorated employee must present to the Human Resources Office by the period fifteenth (15) of absence each calendar month, for each month claimed, a statement from a duly licensed medical examiner verifying 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 was physically unable to return to work, work on the time absent on WCB shall be integrated with 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 adopted the VEBA III Sick Leave Conversion Medical Reimbursement Plan (the “Plan”) pursuant to RCW 28A.400.210 and Long Term Disability Plans and agrees to make contributions to the Plan on behalf of all employees in the collective bargaining unit who are eligible to participate in the Plan by reason of having excess sick leave conversion rights. Contributions on behalf of each eligible employee shall be placed based on the appropriate conversion value of sick leave days accrued by such employee available for contribution on an annual basis and at retirement in accordance with the 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 point reached when WCB payments ceasedabsence 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 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 previous fifty-two (52) weeks. Guidelines 1. FMLA leave may be taken: (1) 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 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 a combined total of twelve (12) weeks of leave, and 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 birth or adoption. The District may require confirmation by a health care provider of the employee’s need for family leave.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Workers’ Compensation. 37.1 Where permitted by the Workers’ Compensation Act and where it will not adversely affect the compensation to be paid to an Employee, the Employer shall provide the following benefits: (a) A Regular Full-Time Employee who has completed six (6) months The first two days of continuous service and whose claim for WCB temporary disability benefits is accepted injury will be paid by the WCB, shall assign all monies received from WCB to Employer as permitted by the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period of the WCB claimWorkers’ Compensation Act. (b) Where The supplementing (topping up) of pay (excluding the first shift or part shift two days following a compensable injury) up to a maximum of ninety-five percent (95%) of the net pre- accident pay. It is the intent of the parties that under no circumstances shall an employee receive an increase in their income while in receipt of Workers’ Compensation benefits. The value of such top-up shall be pro-rated and charged against accrued sick leave provided that the accrued sick leave balance is not less than the equivalent of five (5) sick leave days for the applicable classification. Such top up shall expire once the accrued sick leave hours reach the minimum threshold described above and the employee shall be paid by only the Workers’ Compensation Board, this shift or part shift shall be paid by the Corporationbenefits. (c) Employees receiving Workers’ Should this collective agreement contain specific language that entitles an employee to accrue sick leave benefits while in receipt of Workers Compensation allowance for a recurrence benefits, then such accrual will only be available to the employee upon their return to active employment and cannot be used to supplement (top up) the current WCB claim. Should the collective agreement be silent on the accrual of an injury or ailment suffered prior to employment with sick leave while on WCB, then the Corporation process as outline in (b) above shall be paid wage loss directly by WCBprevail. (d) Where an employee is absent on Long Term Disability and/or WCB in excess The continuation of one (1) year, the employeepayment of the Employer’s annual vacation pay shall be prorated by share of any benefit plans during the period term of absence that exceeds one (1) year and the employee shall not accrue vacation for the period of absence that exceeds one (1) yeara compensable claim. (e) Where Notwithstanding any other article of the WCB ceases paying temporary disability benefits collective agreement, when an Employee is off work on an approved Workers’ Compensation claim, the job will be posted temporarily for a period of up to an employee two (2) years. If the Employee is not able to return to work at the end of the two (2) year period, the job will be posted permanently. Should the Employee’s condition improve and the employee is unable able to return to work, the time absent on WCB shall be integrated with the Sick Leave and Long Term Disability Plans and the employee he/she shall be placed in a position equivalent to the position vacated because of the Workers’ Compensation illness or accident. (f) An employee shall continue to accrue seniority while in receipt of Workers’ Compensation Benefits. (g) When an Employee is in receipt of temporary earning replacement benefits under the Workers Compensation Act their vacation pay or entitlement shall continue to be paid during the first twelve (12) months as if the Employee was actively at work. After twelve (12) months absence on the appropriate Plan WCB no further vacation benefit will accrue. (h) An employee who participates in an ease back or return to work program following a period of Workers’ Compensation shall be paid at the point reached when hourly rate of pay for the employee’s permanent classification for all time spent at the work place unless the employee continues to receive full WCB payments ceasedbenefits for the time worked.

Appears in 1 contract

Samples: Collective Agreement

Workers’ Compensation. A permanent non-safety employee shall receive eighty-six percent (a86%) of regular monthly salary for all accepted claims filed with the County on or after January 1, 2000. A. There is a three calendar day waiting period before Workers' Compensation benefits 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 Regular Full-Time Employee who has completed six (6) months permanent employee shall continue to receive during any period of continuous service and whose claim for WCB compensable temporary disability benefits is accepted by the WCB, shall assign all monies received from WCB not to the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) belowexceed one year. While a claim for WCB "Compensable temporary disability benefits absence" for the purpose of this Section, is pendingany absence due to work connected disability which qualifies for temporary disability compensation set forth in . When any disability becomes medically permanent and stationary, the employee will be eligible for any available benefits under the Sick Leave Plansalary provided by this Section shall terminate. Where the WCB subsequently accepts an employee’s claim, the employee’s pay No charge shall be recalculated retroactive made against sick leave or vacation for the period of the WCB claim. (b) Where the first shift or part shift these salary payments. Sick leave and vacation rights shall not accrue for those periods during which continuing pay is not paid by the Workers’ Compensation Board, this shift or part shift received. Employees shall be paid by the Corporation. (c) Employees receiving Workers’ Compensation allowance for entitled to a recurrence of an injury or ailment suffered prior to employment with the Corporation shall be paid wage loss directly by WCB. (d) Where an employee is absent on Long Term Disability and/or WCB in excess maximum of one (1) yearyear of continuing pay benefits for any one 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, the employee’s annual vacation pay shall be prorated by the period of absence that exceeds or until one (1) year and of continuing pay, whichever comes first provided the employee shall not accrue vacation for remains in an active employed status. Continuing pay is automatically terminated on the period of absence that exceeds one (1) year. (e) Where the WCB ceases paying temporary disability benefits to date an employee and is separated from County service by resignation, retirement, layoff, or the employee is unable no longer employed by the County. In these instances, 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 injured on the job and has returned to return work is required by an attending physician to work, the time absent on WCB shall be integrated with the Sick Leave and Long Term Disability Plans and leave work for treatment during working hours the employee shall be placed on allowed time off up to three (3) hours for such treatment without loss of pay or benefits/herbecomes Said visits are to be scheduled contiguous to either the appropriate Plan at beginning or end of the point reached when WCB payments ceasedscheduled work day whenever possible. This provision applies only to injuries/illnesses that have been accepted by the County as work related.

Appears in 1 contract

Samples: Memorandum of Understanding

Workers’ Compensation. a) When an employee, who has been in the service of the City for three (3) continuous months is injured in the performance of their duties during working hours, the City shall pay to such employee, for all periods of absence resulting from the injury, an amount which, combined with Workers' Compensation Board payments, shall ensure to such employee the maintenance of their regular basic wage rate, less normal deductions. b) If the employee was temporarily assigned to a higher classification level at the time of their injury, the regular basic wage rate as described in Clause (a) A Regular Full-Time Employee above will be the rate at time of injury. Should the duration of the temporary assignment prior to injury be known, then the rate of compensation shall be reduced to the regular basic wage rate of the lower permanent classification upon the date the employee would have otherwise resumed their regular duties. c) Workers' Compensation Board payments, as referred to herein, shall not be considered as including "pension payments" or "cash settlement payments". d) An employee on Worker's Compensation shall continue to accrue vacation credits in the same manner as if they were on department sick leave. e) An employee who has completed six (6) months of continuous service and whose a claim for WCB temporary disability benefits is accepted by Workers’ Compensation Board on or after January 1, 2021, will be eligible for retroactive pay as a result of the WCB, shall assign all monies received from WCB to negotiated general economic wage increase by the Corporation and the Corporation shall parties. The retroactive pay the employee’s approximate net salary calculated calculation will be based on the employee’s straight time regular classified basic wage rate (exclusive of pay, subject to paragraph (covertime and all other premiums) below. While a claim for WCB temporary disability benefits is pending, at the employee will be eligible for any available benefits under time the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period of the WCB claim. (b) Where the first shift or part shift is not paid occupational injury was accepted by the Workers’ Compensation Board, this shift or part shift shall . The retroactive pay calculation will be paid by applied for the Corporation. (c) Employees receiving period the employee is in receipt of a full-time Workers’ Compensation allowance for a recurrence Board lost time entitlements and based on the terms of an injury or ailment suffered prior the negotiated retroactive pay agreed to employment with the Corporation 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) yearparties. (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) A Regular Full-Time Employee who has completed six (6) months of continuous service and whose claim If an employee qualifies for WCB temporary disability benefits is accepted by the WCBWorker’s Compensation benefits, shall assign all monies received from WCB to the Corporation and the Corporation employee elects to have the Employer supplement the benefits, the following procedures shall apply: 1. The Employer shall pay the employee’s approximate net salary calculated on employee the employee’s regular classified 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, subject 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 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 the employee elects not to paragraph (c) below. While a claim for WCB temporary disability benefits is pendinghave the Employer supplement the benefit, the employee will be eligible for any available benefits under shall retain the Sick Leave Plan. Where Worker’s Compensation benefits, and the WCB subsequently accepts an employee’s claim, Employer shall make no deduction from the employee’s pay accumulated medically related disability leave. The employee shall notify the Employer of his/her option within three days of receipt of the Employer’s notice to elect such option. Failure to report within such time limit shall be recalculated retroactive for treated as an election not to have the period of Employer supplement the WCB claimbenefits. (b) Where the first shift or part shift is not paid by the Workers’ Compensation Board, 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 employment with the Corporation 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: Comprehensive Agreement

Workers’ Compensation. (a) A Regular Full-Time An Employee who has completed six is incapacitated and unable to work as a result of an accident sustained while on duty in the service of the Employer within the meaning of the Workers’ Compensation Act shall continue to receive full net take home pay calculated at the Basic Rate of Pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist: (6i) months of continuous service and whose claim the Employee assigns over to the Employer, on proper forms, the monies due to them from the WCB for time lost due to an accident; and (ii) the Employee’s accumulated sick leave credits are sufficient so that an amount proportionate to the WCB temporary disability benefits is accepted supplement paid by the WCBEmployer, shall assign all monies received from WCB but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an Employee is off work due to accident within the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period meaning of the WCB claimAct; and (iii) the Employee keeps the Employer informed regarding the status of their WCB claim and provides any medical or claim information that may be required by the Employer. (b) Where The Parties recognize that the first shift Employer may be required to reconcile payments to the Employee with subsequent assigned payments from the WCB. In light of this, the time limitation for correcting over or part shift is under payments provided in Article 27 shall not paid by commence until the Employer has received reimbursement from the Workers’ Compensation Board, this shift or part shift shall be paid by has issued any statement of adjustment to the CorporationEmployee, whichever is later. (c) Employees receiving An Employee who is in receipt of Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior benefits and who is not eligible to employment with receive the Corporation WCB Supplement pursuant to Article 24.01(b) shall be paid wage loss directly by WCBdeemed to be on a leave of absence without pay. (d) Where an employee An Employee in receipt of Workers’ Compensation benefits shall: (i) be deemed to remain in the continuous service of the Employer for purposes of prepaid health benefits and salary increments; (ii) accrue vacation credits and sick leave for the first (1st) month of such absence. 24.02 An Employee who has been on Workers’ Compensation and who is absent on Long Term Disability and/or WCB in excess of one (1) year, the employee’s annual vacation pay shall be prorated certified by the period of absence that exceeds one (1) year Workers’ Compensation Board to be fit to return to work and the employee shall not accrue vacation for the period of absence that exceeds one (1) year.who is: (ea) Where capable of performing the WCB ceases paying temporary disability benefits to an employee and duties of their former position, shall provide the employee is unable Employer with two (2) weeks written notice, when possible, of readiness to return to work. The Employer shall reinstate the Employee in the same classification held by them immediately prior to the disability with benefits that accrued to them prior to the disability; (b) incapable of performing the duties of their former position, the time absent on WCB shall be integrated with the entitled to benefits they are eligible for under Sick Leave and Long or Short-Term Disability Plans or Long-Term Disability, in accordance with Articles 23 or 25. 24.03 The reinstatement of an Employee in accordance with this Article shall not be construed as being a violation of the posting and/or scheduling provisions of Articles 11 and the employee shall be placed on the appropriate Plan at the point reached when WCB payments ceased29.

Appears in 1 contract

Samples: Collective Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee who has completed six (6) months of continuous service and whose claim for WCB temporary disability benefits is accepted by the WCB, shall assign all monies received from WCB to the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period of the WCB claim. (b) Where the first shift or part shift is not paid by 40.01 In accordance with the Workers’ Compensation BoardAct, when an Employee sustains an injury in the course of his duties with the Employer, the Employee shall report the injury to his supervisor or nurse at the place of work. The supervisor or nurse shall record the date, time and nature of the injury and this shift or part shift record shall be signed by the Employee. If the injury causes the Employee to be sent from work, the Employee and Human Resources shall complete the required forms for Workers’ Compensation. 40.02 An Employee who suffers an injury which requires that he/she leave the worksite, shall have his salary maintained for the whole day for which he was injured and that day shall not be deducted from the period of eligibility outlined in Clause 40.03. 40.03 An Employee who suffers a compensable injury which causes him to be absent from work, shall have his basic salary maintained for the period he is absent from work up to a maximum of seventy (70) consecutive work days provided that he assigns to Olds College, any benefits payable to him by the Workers' Compensation Board for lost wages. 40.04 If the Employee has not returned to work due to injury when his eligibility period has expired, he shall then be paid according to the rate prescribed by the Workers' Compensation Act and shall be paid by any benefit to which the CorporationEmployee might be entitled under the provisions of the Long Term Disability Plan. 40.05 The eligibility period specified in Clause 40.03, that is seventy (c70) Employees receiving working days, shall not apply in the event of a recurrence of a disability within three (3) months of a disability due to previously claimed injury unless the Employee has not used the total eligibility period in which case the unexpended period of eligibility may be applied. 40.06 For clarification of any issues that arise with regard to Workers’ Compensation allowance for a recurrence of an injury not mentioned in this Article or ailment suffered prior to employment with the Corporation shall be paid wage loss directly by WCBOlds College Staff Handbook, please contact Human Resources. (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) A Regular Full-Time Employee An employee who has completed six is incapacitated and unable to work as a result of an accident sustained while on duty in the service of the Employer within the meaning of the Workers’ Compensation Act shall continue to receive full net take home pay calculated at the basic rate of pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist: (6i) months of continuous service and whose claim for WCB temporary disability benefits is accepted by the WCB, shall assign all monies received from WCB employee assigns over to the Corporation and Employer, on proper forms, the Corporation shall pay monies due to her from the WCB for time lost due to an accident; and (ii) the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject accumulated sick leave credits are sufficient so that an amount proportionate to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts supplement paid by the Employer, but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an employee’s claim, employee is off work due to accident within the employee’s pay shall be recalculated retroactive for the period meaning of the WCB claimAct; and (iii) the employee keeps the Employer informed regarding the status of her WCB claim and provides any medical or claim information that may be required by the Employer. (b) Where The Parties recognize that the first shift Employer may be required to reconcile payments to the employee with subsequent assigned payments from the WCB. In light of this, the time limitation for correcting over or part shift is under payments provided in Article 27 shall not paid by commence until the Employer has received reimbursement from the Workers’ Compensation Board, this shift or part shift shall be paid by has issued any statement of adjustment to the Corporationemployee, whichever is later. (c) Employees receiving An employee who is in receipt of Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior benefits and who is not eligible to employment with receive the Corporation WCB Supplement pursuant to Article 24.01(b) shall be paid wage loss directly by WCBdeemed to be on a leave of absence without pay. (d) Where an An employee in receipt of Workers’ Compensation benefits shall: (i) be deemed to remain in the continuous service of the Employer for purposes of prepaid health benefits and salary increments; (ii) accrue vacation credits and sick leave for the first (1st) month of such absence. 24.02 An employee who has been on Workers’ Compensation and who is absent on Long Term Disability and/or WCB in excess of one (1) year, the employee’s annual vacation pay shall be prorated certified by the period of absence that exceeds one (1) year Workers’ Compensation Board to be fit to return to work and the employee shall not accrue vacation for the period of absence that exceeds one (1) year.who is: (ea) Where capable of performing the WCB ceases paying temporary disability benefits to an employee and duties of her former position, shall provide the employee is unable Employer with two (2) weeks written notice, when possible, of readiness to return to work. The Employer shall reinstate the employee in the same classification held by her immediately prior to the disability with benefits that accrued to her prior to the disability; (b) incapable of performing the duties of her former position, the time absent on WCB shall be integrated with the entitled to benefits she is eligible for under Sick Leave and Long or Short-Term Disability Plans or Long-Term Disability, in accordance with Article 23 or 25. 24.03 The reinstatement of an employee in accordance with this Article shall not be construed as being a violation of the posting and/or scheduling provisions of Articles 11 and the employee shall be placed on the appropriate Plan at the point reached when WCB payments ceased29.

Appears in 1 contract

Samples: Collective Agreement

Workers’ Compensation. (a) A Regular Full-Time Employee who has completed six (6) months of continuous service and whose claim for WCB temporary disability benefits is accepted by the WCB, shall assign all monies received from WCB to the Corporation Employer and the Corporation Employer shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period of the WCB claim. (b) Where the first shift day or part shift day is not paid by the Workers’ Compensation Board, this shift day or part shift day shall be paid by the CorporationEmployer. (c) Employees receiving Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior to employment with the Corporation 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) A Regular Full-Time Employee who has completed six (6) months In accordance with the Workers' Compensation Act, when an employee sustains an injury in the course of continuous service and whose claim for WCB temporary disability benefits is accepted by his duties with the WCB, shall assign all monies received Employer that causes the employee to be absent from WCB to the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pendingwork, the employee will be eligible and employer shall complete the required forms for any available benefits under Workers' Compensation. If the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period of the WCB claim. (b) Where the first shift or part shift claim is not paid approved by the Workers’ Compensation ' compensation Board, the employee shall be paid his regular salary during the period he is required to remain off work up to (85) consecutive work days. If an employee is granted a total disability pension during this shift period or part shift 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 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 receive Workers' Compensation, it shall be counted as a day of Workers' Compensation, 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 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 benefits who at the commencement of absence from work pursuant to Clause is participating in Alberta Health Care, Extended Medical, Group Life Insurance, Dental, or Plans shall continue to be covered under these plans throughout the period the employee is receiving Workers' Compensation benefits. Premium contributions shall continue to be paid by the Corporation. (c) Employees receiving Workers’ Compensation allowance for a recurrence of an injury or ailment suffered prior to employment with the Corporation 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 Employer 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.as outlined in Articles and

Appears in 1 contract

Samples: Collective Bargaining Agreement

Workers’ Compensation. (a) A Regular Full-Time An Employee who has completed six (6) months is incapacitated and unable to work, as a result of continuous an accident sustained while on duty in the service and whose claim for WCB temporary disability benefits is accepted by of the WCBEmployer within the meaning of the Workers’ Compensation Act, shall assign all monies received receive compensation benefits directly from WCB to the Corporation and the Corporation shall pay the employee’s approximate net salary calculated on the employee’s regular classified rate of pay, subject to paragraph (c) below. While a claim for WCB temporary disability benefits is pending, the employee will be eligible for any available benefits under the Sick Leave Plan. Where the WCB subsequently accepts an employee’s claim, the employee’s pay shall be recalculated retroactive for the period of the WCB claimWorkers’ Compensation Board. (b) Where Employees will be eligible to apply for sick leave benefits in accordance with Article 23: Sick Leave; during the period of time they are waiting for receipt of their claim from WCB. Sick leave benefits will be payable provided: (i) the Employee has Sick Leave credits available; and (ii) the Employee meets the eligibility requirements for Sick Leave; and (iii) the Employee assigns her WCB benefits to the Employer, only to the extent that is required for the Employer to recover the money that was paid out for Sick Leave, once the WCB claim is approved. The Employer will then reinstate the Employee’s Sick Leave credits to the appropriate level. After the money for Sick Leave benefits has been recovered from the assigned WCB benefits, the Employee shall receive her benefits directly from the Workers’ Compensation Board. 24.02 An Employee receiving compensation benefits under Article 24.01 shall be deemed on Workers’ Compensation leave and shall: (a) remain in the continuous service of the Employer for the purpose of salary increments and Prepaid Health Benefits; providing they continue to pay their cost share amount of the benefit premium; and (b) cease to earn Vacation and Sick Leave credits; and (c) not be entitled to Named Holidays with pay falling within the period of Workers’ Compensation leave. 24.03 An Employee on Workers’ Compensation leave and who is certified by the Workers’ Compensation Board to be fit to return to work and who is: (a) capable of performing the duties of their former position, shall provide the Employer with twenty-eight (28) days’ written notice of readiness to work. Such advance notice shall not be required in the case of short term absence on Workers’ Compensation leave, i.e. where the expected duration of the leave at the time of onset was less than twenty-eight (28) calendar days. The Employer shall then reinstate the Employee in the same position held by her immediately prior to the disability with benefits that accrued to her prior to the disability. (b) incapable of performing the duties of her former position but is capable of performing the duties of her former classification, shall notify the Employer of her readiness to return to work. The Employer shall then reinstate her to a position for which she is capable of performing the work entailed, upon the occurrence of the first shift or part shift such available vacancy with benefits that accrued to her prior to the disability; (c) incapable of performing the duties of her former classification and is not paid by no longer receiving a benefit from the Workers’ Compensation Board, this shift may make application for any benefits for which she is eligible under Article 22: Employee Benefits Plans 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 employment with the Corporation 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.Article 23:

Appears in 1 contract

Samples: Collective Bargaining Agreement

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