Common use of Workplace Safety and Insurance Act Clause in Contracts

Workplace Safety and Insurance Act. 23.01 Where an employee is absent due to illness or injury which is compensable under the Workplace Safety and Insurance Board, the following shall apply: a. An 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 under the Workplace Safety and Insurance Board. b. Provided that an employee returns to work within fifty-two (52) consecutive weeks of the date of illness or injury, time spent on compensation under the Workplace Safety and Insurance Board shall be considered as time worked for the purpose of calculating the current year’s vacation entitlement. c. An absence due to a compensable accident, where the anticipated length of absence is two (2) months or more the Employer will post notice of the vacancy in accordance with the job posting procedure in the Agreement. Where the anticipated absence is less than two (2) months, the Employer may fill the position with part-time employees. d. The injured employee shall preserve seniority in line with Article 14.04j. Upon recommendation of the attending physician, the employee shall have the right to return to work. The doctor’s recommendation should indicate that the employee has the physical capacity to fully perform the required work. e. An employee who returns to work within the period set out in Article 14.04j., shall return to her former job or its equivalent without loss of support or benefits accrued to the date of injury and may displace an employee with the least seniority in the same classification. f. If, on the recommendation of the attending physician, the employee is capable only of performing work of a different kind or of a lighter nature and such work is available within the Nursing Home in a classification which is covered by this Agreement, then the returning employee may exercise her seniority by bumping into the job at the applicable salary level, displacing the employee with the least seniority in that classification. 23.02 If an employee is injured or becomes ill during a shift and her absence is covered under the Workplace Safety and Insurance Act then the Employer shall pay the employee for her full shift, irrespective of the number of hours worked. 23.03 The Union and the Employer acknowledge their obligation to accommodate employees under the Human Rights Code of Ontario and agree that this Collective Agreement will be interpreted in such a way as to permit those obligations to be discharged.

Appears in 1 contract

Samples: Collective Agreement

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Workplace Safety and Insurance Act. 23.01 30.01 Where an employee is absent due to illness or injury which is compensable under the Workplace Safety and Insurance Board, the following shall apply: a. An 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 under the Workplace Safety and Insurance Boardotherwise. b. Provided that an employee returns to work within fifty-two (52) consecutive weeks of the date of illness or injury, time spent on compensation under the Workplace Safety and Insurance Board shall be considered as time worked for the purpose of calculating the current year’s vacation entitlement. c. An absence due to a compensable accident, where the anticipated length of absence is two (2) months or more the Employer will post notice of the vacancy in accordance with the job posting procedure in the Agreement. Where the anticipated absence is less than two (2) months, the Employer may fill the position with part-time employees. d. The injured employee shall preserve seniority in line with Article 14.04j8.03 h) or i). Upon recommendation of the WSIB or the attending physician, the employee shall have the right to return to work. The WSIB’s or the doctor’s recommendation should indicate that the employee has the physical capacity to fully perform the required work. e. An employee who returns to work within the period set out in Article 14.04j., 8.03 h) or i) shall return to her their former job or its equivalent to work of a comparable nature and at the same salary level without loss of support seniority or benefits accrued to the date of injury and may displace an employee with the least seniority in the same classification. f. If, on the recommendation of the WSIB or the attending physician, the employee is capable only of performing work of a different kind or of a lighter nature and such work is available within the Nursing Home Retirement Lodge in a classification which is covered by this Agreement, then the returning employee may exercise her their seniority if they have the qualifications and ability to perform the work by bumping into the job at the applicable salary level, displacing the employee with the least seniority in that classification. 23.02 g. The parties acknowledge their mutual obligations regarding an Early and Safe Return to Work and Labour Market Re-Entry program under the Workplace Safety and Insurance Act. 30.02 If an employee is injured or becomes ill during a shift and her their absence is covered under the Workplace Safety and Insurance Act then the Employer shall pay the employee for her their full scheduled shift, irrespective of the number of hours worked. 23.03 The Union and the Employer acknowledge their obligation to accommodate employees under the Human Rights Code of Ontario and agree that this Collective Agreement will be interpreted in such a way as to permit those obligations to be discharged.

Appears in 1 contract

Samples: Collective Agreement

Workplace Safety and Insurance Act. 23.01 27.1 Where an employee is absent due to illness or injury which is compensable under the Workplace Safety and Insurance Board, the following shall apply:the a. An (a) The employee will not be eligible for paid holidays, sick leave, uniform allowance allowance, or any other benefits of this Agreement Agreement, except where specified otherwise otherwise, during any absence covered under the Workplace Safety and Insurance BoardAct. b. (b) Provided that an the employee returns to work within fifty-two (52) consecutive weeks of the date of illness or injury, time spent on compensation while in receipt of benefits under the Workplace Safety and Insurance Board Act shall be considered as time worked for the purpose of calculating the current year’s 's vacation entitlemententitlement under the terms of the Agreement. c. An 27.2 In the case of an absence due to a compensable injury or illness, the employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 27.3 In the case of an absence due to a compensable injury or illness, where the anticipated length of such absence is two three (23) months or more more, the Employer will post notice of the vacancy in accordance with the job posting procedure in the Article 13 of this Agreement. Where the anticipated absence is less than two three (23) months, the Employer may fill the position with part-time employeesat their discretion. d. 27.4 The injured employee shall have a period of two (2) years from the date of the injury within which she shall preserve the seniority which she has accrued in line accordance with Article 14.04j. Upon recommendation of the attending physician, the employee 11 and within which she shall have the right to return to work. The doctor’s work upon the recommendation should of the Workplace Safety & Insurance Board or an appropriate health care practitioner which shall indicate to the Employer that the employee has the physical capacity is medically able to fully perform the required workessential duties of her pre-injury employment. e. An 27.5 If a full-time employee who returns to work within twenty-four (24) months following the period set out in Article 14.04j.commencement of a WSIB claim, shall return and the employee’s former permanent position still exists, the employee will be returned to her former job or its equivalent without loss job, former shift if designated, classification and rate of support or benefits accrued pay. All employees who fill vacancies as a result of the above absences shall likewise be returned to the date of injury and may displace an employee with the least seniority in the same classificationtheir former permanent positions. f. 27.6 If, on the recommendation of the WSIB or attending physician, the employee is capable only of performing work of a different kind or of a lighter nature nature, and such work is available within the Nursing Home Bargaining Unit in a classification which that is covered by this Agreementagreement, then the returning employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation by bumping into the job at the applicable salary level, displacing the employee with the least seniority in that the classification. 23.02 If an employee is injured or becomes ill during a shift . The above provisions shall be interpreted consistent with the Ontario Human Rights Code, and her absence is covered under the Workplace Safety and Insurance Act then Act. 27.7 In the event that the Employer shall challenges a Workplace Safety and Insurance Act claim, an employee, who is absent from work as a result of illness or injury sustained at work and who has been awaiting approval of a claim for Workplace Safety & Insurance for a period longer than one (1) complete pay period, may apply to the Employer for payment equivalent to the lesser of the benefit she would receive from the Workplace Safety and Insurance Board if her claim was approved, or the benefit to which she would be entitled under the sick leave plan, Articles 16. Payment under this provision will only be provided if the employee for her full shift, irrespective provides evidence of disability satisfactory to the Employer and a written undertaking satisfactory to the Employer that any payments will be refunded to the Employer following final determination of the number of hours worked. 23.03 The Union claim by the Workplace Safety & Insurance Board. If the claim for Workplace Safety and Insurance coverage is not approved, the Employer acknowledge their obligation monies paid as an advance will be applied towards the benefits to accommodate employees which the employee would be entitled under the Human Rights Code of Ontario and agree that this Collective Agreement will be interpreted in such a way as to permit those obligations to be dischargedsick leave plan, Article 16.

Appears in 1 contract

Samples: Collective Agreement

Workplace Safety and Insurance Act. 23.01 30.01 Where an employee is absent due to illness or injury which is compensable under the Workplace Safety and Insurance Board, the following shall apply: a. An 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 under the Workplace Safety and Insurance Boardotherwise. b. Provided that an employee returns to work within fifty-two (52) consecutive weeks of the date of illness or injury, time spent on compensation under the Workplace Safety and Insurance Board shall be considered as time worked for the purpose of calculating the current year’s vacation entitlement. c. An absence due to a compensable accident, where the anticipated length of absence is two (2) months or more the Employer will post notice of the vacancy in accordance with the job posting procedure in the Agreement. Where the anticipated absence is less than two (2) months, the Employer may fill the position with part-time employees. d. The injured employee shall preserve seniority in line with Article 14.04j8.03 h) or i). Upon recommendation of the WSIB or the attending physician, the employee shall have the right to return to work. The WSIB’s or the doctor’s recommendation should indicate that the employee has the physical capacity to fully perform the required work. e. An employee who returns to work within the period set out in Article 14.04j., 8.03 h) or i) shall return to her former job or its equivalent to work of a comparable nature and at the same salary level without loss of support seniority or benefits accrued to the date of injury and may displace an employee with the least seniority in the same classification. f. If, on the recommendation of the WSIB or the attending physician, the employee is capable only of performing work of a different kind or of a lighter nature and such work is available within the Nursing Home Retirement Lodge in a classification which is covered by this Agreement, then the returning employee may exercise her seniority if she has the qualifications and ability to perform the work by bumping into the job at the applicable salary level, displacing the employee with the least seniority in that classification. 23.02 g. The parties acknowledge their mutual obligations regarding an Early and Safe Return to Work and Labour Market Re-Entry program under the Workplace Safety and Insurance Act. 30.02 If an employee is injured or becomes ill during a shift and her absence is covered under the Workplace Safety and Insurance Act then the Employer shall pay the employee for her full scheduled shift, irrespective of the number of hours worked. 23.03 The Union and the Employer acknowledge their obligation to accommodate employees under the Human Rights Code of Ontario and agree that this Collective Agreement will be interpreted in such a way as to permit those obligations to be discharged.

Appears in 1 contract

Samples: Collective Agreement

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Workplace Safety and Insurance Act. 23.01 31.01 Where an employee is absent due to illness or injury which is compensable under the Workplace Safety and Insurance Board, the following shall apply: a. An 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 under the Workplace Safety and Insurance Board. b. Provided that an employee returns to work within fifty-fifty- two (52) consecutive weeks of the date of illness or injury, time spent on compensation under the Workplace Safety and Insurance Board shall be considered as time worked for the purpose of calculating the current year’s year‟s vacation entitlement. c. An absence due to a compensable accident, where the anticipated length of absence is two (2) months or more the Employer will post notice of the vacancy in accordance with the job posting procedure in the Agreement. Where the anticipated absence is less than two (2) months, the Employer may fill the position with part-time employees. d. The injured employee shall preserve seniority in line with Article 14.04j8.03 h) or i). Upon recommendation of the WSIB or the attending physician, the employee shall have the right to return to work. The doctor’s WSIB‟s or the doctor‟s recommendation should indicate that the employee has the physical capacity to fully perform the required work. e. An employee who returns to work within the period set out in Article 14.04j., 8.03 h) or i) shall return to her former job or its equivalent to work of a comparable nature and at the same salary level without loss of support seniority or benefits accrued to the date of injury and may displace an employee with the least seniority in the same classification. f. If, on the recommendation of the WSIB or the attending physician, the employee is capable only of performing work of a different kind or of a lighter nature and such work is available within the Nursing Home in a classification which is covered by this Agreement, then the returning employee may exercise her seniority if she has the qualifications and ability to perform the work by bumping into the job at the applicable salary level, displacing the employee with the least seniority in that classification. 23.02 g. The parties acknowledge their mutual obligations regarding an Early and Safe Return to Work and Labour Market Re-Entry program under the Workplace Safety and Insurance Act. 31.02 If an employee is injured or becomes ill during a shift and her absence is covered under the Workplace Safety and Insurance Act then the Employer shall pay the employee for her full scheduled shift, irrespective of the number of hours worked. 23.03 The Union and the Employer acknowledge their obligation to accommodate employees under the Human Rights Code of Ontario and agree that this Collective Agreement will be interpreted in such a way as to permit those obligations to be discharged.

Appears in 1 contract

Samples: Collective Agreement

Workplace Safety and Insurance Act. 23.01 28.01 Where an employee is absent due to illness or injury which is compensable under the Workplace Safety and Insurance BoardAct, the following shall apply: a. An (a) The employee will not be eligible for paid holidays, sick leave, uniform allowance allowance, or any other benefits of this Agreement Agreement, except where specified otherwise otherwise, during any absence covered under the Workplace Safety and Insurance BoardAct. b. (b) Provided that an the employee returns to work within fifty-two (52) consecutive weeks of the date of illness or injury, time spent on compensation while in receipt of benefits under the Workplace Safety and Insurance Board Act shall be considered as time worked for the purpose of calculating the current year’s 's vacation entitlemententitlement under the terms of the Agreement. c. An 28.02 In the case of an absence due to a compensable injury or illness, the employee will be paid at her regular rate of pay for all scheduled hours on the day of the accident. 28.03 In the case of an absence due to a compensable injury or illness, where the anticipated length of such absence is two three (23) months or more more, the Employer will post notice of the vacancy in accordance with the job posting procedure in the Article 13 of this Agreement. Where the anticipated absence is less than two three (23) months, the Employer may fill the position with part-time employeesat their discretion. d. 28.04 The injured employee shall have a period of two (2) years from the date of the injury within which she shall preserve the seniority which she has accrued in line accordance with Article 14.04j. Upon recommendation of the attending physician, the employee 11 and within which she shall have the right to return to work. The doctor’s work upon the recommendation should of the Workplace Safety & Insurance Board or an appropriate health care practitioner which shall indicate to the Employer that the employee has the physical capacity is medically able to fully perform the required workessential duties of her pre-injury employment. e. An (a) If a full-time employee who returns to work within fifty-two (52) weeks following the period set out in Article 14.04j.commencement of a WSIB claim, shall return and the employee's former permanent position still exists, the employee will be returned to her former job job, former shift if designated, classification and rate of pay. All employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. (b) If an employee returns to work after fifty-two (52) weeks following the commencement of the WSIB claim but prior to two (2) full years mentioned above, she shall be returned to her former job, or its equivalent to work of a comparable nature at the same salary level and without loss of support seniority or benefits accrued to in accordance with Article 11. (This would be affected by the date of injury and may displace an returning employee displacing the employee with the least seniority in the same classificationcategory to which she is returning). f. 28.06 If, on the recommendation of the WSIB or attending physician, the employee is capable only of performing work of a different kind or of a lighter nature nature, and such work is available within the Nursing Home Bargaining Unit in a classification which that is covered by this Agreementagreement, then the returning employee may exercise her seniority if he/she has the qualifications and can perform the duties without training other than orientation by bumping into the job at the applicable salary level, displacing the employee with the least seniority in that the classification. 23.02 If an employee is injured or becomes ill during a shift . The above provisions shall be interpreted consistent with the Ontario Human Rights Code, and her absence is covered under the Workplace Safety and Insurance Act then the Employer shall pay the employee for her full shift, irrespective of the number of hours workedAct. 23.03 The Union and the Employer acknowledge their obligation to accommodate employees under the Human Rights Code of Ontario and agree that this Collective Agreement will be interpreted in such a way as to permit those obligations to be discharged.

Appears in 1 contract

Samples: Collective Agreement

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