Common use of WORKPLACE SAFETY AND INSURANCE BENEFITS Clause in Contracts

WORKPLACE SAFETY AND INSURANCE BENEFITS. 22.01 Where in an action or by settlement of a claim arising out of an accident to an employee of the City coming within the Local 79 Unit, the City recovers from a third party as a result of such accident a larger amount, exclusive of costs, than the amount paid to or on behalf of such employee including the costs of the services of the Solicitor for the City, the surplus amount shall be allocated by the City in accordance with the requirements of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended. 22.02 Where an employee who is injured in circumstances in which he/she may be entitled to compensation under the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, elects to claim against a third person, he/she shall, as a condition of receiving Sick Pay or IIP Pay, agree to provide in writing an undertaking to reimburse the City out of the proceeds of any settlement or judgement upon such claim, the amount of money equivalent to the value of such Sick Pay or IIP Pay, may be, and upon his/her having made such reimbursement, his/her accumulated Sick Pay or IIP Pay, shall be restored accordingly. (a) Where an employee who is injured on duty with the City in circumstances where no action for such injuries would lie against a third person, and who is unable to work as a result of such injury, and who has made a claim to the Workplace Safety and Insurance Board in accordance with the Workplace Safety and Insurance Xxx, 0000, S.O. 1997, as amended, shall, provided he/she has qualified for Sick Pay or IIP Pay, in accordance with Article 11A (IIP) or Article 11B (Sick Pay), be paid an amount equal to his/her full net pay while the employee is off work and until such time as a ruling has been made by the Workplace Safety and Insurance Board. (b) If the employee’s claim is denied and the employee has otherwise qualified for Sick Pay or IIP Pay, the denial of the claim shall not act as a bar to the employee claiming benefits in accordance with the provisions of Article 11A (IIP) or 11B (Sick Pay). (c) The full net pay of an employee shall be as determined by the City by deducting from the employee’s gross earnings the probable Income Tax, Canada Pension Plan premiums, and Employment Insurance premiums. 22.04 Where the Workplace Safety and Insurance Board approves the claim, and for as long as the employee is receiving a full loss of earnings benefit in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, the employee shall continue to receive the full net pay amount as defined in clause 22.03(c). Such full net pay shall include benefit payments approved by the Workplace Safety and Insurance Board. Such full net pay shall include the full loss of earnings benefit payments in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, as approved by the Workplace Safety and Insurance Board. 22.05 If the employee is unable to return to work after a claim is approved, he/she shall receive the benefit payments approved by the Workplace Safety and Insurance Board directly from the Workplace Safety and Insurance Board and for those who qualify for Sick Pay or IIP Pay, in accordance with Article 11A (IIP) or Article 11B (Sick Pay), receive the remainder of the net pay amount from the City. From the portion the employee is receiving from the City, the following deductions shall be made: the employee’s Pension contributions and if applicable, the employee’s share of Extended Group Life Insurance premiums and any further deductions required by law. No deductions will be made from the sick bank or IIP Pay of an employee who received payments under clauses 22.03(a) and 22.05 (Note: This will leave a net balance approximately equal to an employee’s normal take home pay). 22.06 Employees who have not qualified for Sick Pay or IIP Pay, in accordance with Article 11A (IIP) or Article 11B (Sick Pay) shall, if their Workplace Safety and Insurance Board claim is approved, receive their benefit payments from the Workplace Safety and Insurance Board. 22.07 An employee in receipt of a loss of earnings benefit in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, who is not on layoff shall be considered to be an employee on the active payroll and; (a) Continues to accrue seniority, service, vacation and sick pay credits or IIP Days, and (b) Continues to be entitled to benefit coverage which shall be maintained by the City in the same manner as though the employee were at work, and (c) The foregoing shall have no effect on any permanent partial disability pension, which an employee may be receiving. (a) Where the claim is not approved or where an employee receives monies in excess of his/her appropriate net pay amount, such excess shall be treated as an overpayment and the City shall make recovery from the wages of the employee. It is agreed that the affected employee(s) shall provide to the City any recovery consents required by law to give effect to such recoveries. (b) In the event of an overpayment, the City shall advise the employee in advance of the implementation of any schedule of recovery with respect to said overpayment. The recovery Schedule shall not exceed the maximum permitted by the Wages Act, R.S.O. 1990 as amended, unless the parties agree otherwise. If so requested the City shall meet with the employee so that the employee may provide his/her input regarding an appropriate schedule of recovery. The employee may be accompanied by either his/her Xxxxxxx or other Union Representative at such meeting should he/she so request. 22.09 An employee, who sustains a compensable injury and, as a result, must leave work before the end of his/her shift, on the day the injury occurred, shall be paid to the end of the shift. 22.10 Where a WSIB claim is approved and the employee has returned to work and requires medical appointments related to the compensable injury, such time shall be at no cost to the employee provided the employee makes all efforts to first schedule such appointments outside of normal working hours. 22.11 Any employee who is on a City paid leave of absence while conducting Local 79 related activities will be considered an employee of the City for WSIB purposes. 22.12 Leave of absence, with pay, shall be granted to two (2) full-time Workers’ Compensation/Rehabilitation Representatives whose responsibilities will include worker’s compensation and rehabilitation. The cost of such leave shall be shared equally by the parties.

Appears in 3 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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WORKPLACE SAFETY AND INSURANCE BENEFITS. 22.01 Where in an action or by settlement of a claim arising out of an accident to an employee of the City TCHC coming within the Local 79 Unit, the City TCHC recovers from a third party as a result of such accident a larger amount, exclusive of costs, than the amount paid to or on behalf of such employee including the costs of the services of the Solicitor for the CityTCHC, the surplus amount shall be allocated by the City TCHC in accordance with the requirements of the Workplace Safety and Insurance Act, 1997, S.O. 1997, 1997 as amended. 22.02 Where an employee who is injured in circumstances in which he/she may be entitled to compensation under the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, amended elects to claim against a third person, he/she shall, as a condition of receiving Sick Pay or IIP Pay, agree to provide in writing an undertaking to reimburse the City TCHC out of the proceeds of any settlement or judgement judgment upon such claim, the amount of money equivalent to the value of such Sick Pay or IIP Pay, and Workplace Safety and Insurance Board Benefits as the case may be, and upon his/her having made such reimbursement, his/her accumulated Sick Pay or IIP Pay, plan as the case may be shall be restored accordingly. (a) Where an employee who is injured on duty with the City TCHC in circumstances where no action for such injuries would lie against a third person, and who is unable to work as a result of such injury, and who has made a claim to the Workplace Safety and Insurance Board in accordance with the Workplace Safety and Insurance XxxAct, 00001997, S.O. 1997, as amended, amended shall, provided he/she has qualified for Sick Pay or IIP Pay, in accordance with Article 11A (IIP) or Article 11B (Sick Pay), Short Term Disability be paid an amount equal to his/her full net pay while the employee is off work and until such time as a ruling has been made by the Workplace Safety and Insurance Board. (b) If the employee’s claim is denied and the employee has otherwise qualified for Sick Pay or IIP Pay, the denial of the claim shall not act as a bar to the employee claiming benefits in accordance with the provisions of Article 11A (IIP) or 11B 11 (Sick Pay). (c) The full net pay of an employee shall be as determined by the City TCHC by deducting from the employee’s gross earnings the probable Income Tax, Canada Pension Plan premiums, and Employment Insurance premiums. 22.04 Where the Workplace Safety and Insurance Board approves the claim, and for as long as the employee is receiving a full loss of earnings benefit in accordance with Section section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, amended the employee shall continue to receive the full net pay amount as defined in clause 22.03(c). Such full net pay shall include benefit payments approved by the Workplace Safety and Insurance Board. Such full net pay shall include the full loss of earnings benefit payments in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, amended as approved by the Workplace Safety and Insurance Board. 22.05 If the employee is unable to return to work after a claim is approved, he/she shall receive the benefit payments approved by the Workplace Safety and Insurance Board directly from the Workplace Safety and Insurance Board and for those who qualify for Sick Pay or IIP Pay, in accordance with Article 11A (IIP) or Article 11B 11 (Sick Pay), receive the remainder of the net pay amount from the CityTCHC. From the portion the employee is receiving from the CityTCHC, the following deductions shall be made: the employee’s Pension contributions and if applicable, the employee’s share of Extended Group Life Insurance premiums and any further deductions required by law. When a waiver of Pension contributions, is in effect, the portion of the net pay amount the employee is receiving from TCHC shall be reduced proportionately. No deductions will be made from the sick bank or IIP Pay of an employee who received payments under clauses 22.03(a) and 22.05 (Note: This will leave a net balance approximately equal to an employee’s normal take home pay). 22.06 Employees who have not qualified for Sick Pay or IIP Pay, in accordance with Article 11A (IIP) or Article 11B 11 (Sick Pay) shall, if their Workplace Safety and Insurance Board claim is approved, receive their benefit payments from the Workplace Safety and Insurance Board. 22.07 An employee in receipt of a loss of earnings benefit in accordance with Section section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, amended who is not on layoff shall be considered to be an employee on the active payroll and; (a) Continues to accrue seniority, service, vacation and sick pay credits or IIP Dayscredits, and (b) Continues to be entitled to benefit coverage which shall be maintained by the City TCHC in the same manner as though the employee were at work, and (c) The foregoing shall have no effect on any permanent partial disability pension, which an employee may be receiving. 22.08 (a) Where the claim is not approved or where an employee receives monies in excess of his/her appropriate net pay amount, such excess shall be treated as an overpayment and the City TCHC shall make recovery from the wages of the employee. It is agreed that the affected employee(s) shall provide to the City TCHC any recovery consents required by law to give effect to such recoveries. (b) In the event of an overpayment, the City shall advise the employee in advance of the implementation of any schedule of recovery with respect to said overpayment. The recovery Schedule shall not exceed the maximum permitted by the Wages Act, R.S.O. 1990 as amended, unless the parties agree otherwise. If so requested the City shall meet with the employee so that the employee may provide his/her input regarding an appropriate schedule of recovery. The employee may be accompanied by either his/her Xxxxxxx or other Union Representative at such meeting should he/she so request. 22.09 An employee, who sustains a compensable injury and, as a result, must leave work before the end of his/her shift, on the day the injury occurred, shall be paid to the end of the shift. 22.10 Where a WSIB claim is approved and the employee has returned to work and requires medical appointments related to the compensable injury, such time shall be at no cost to the employee provided the employee makes all efforts to first schedule such appointments outside of normal working hours. 22.11 Any employee who is on a City paid leave of absence while conducting Local 79 related activities will be considered an employee of the City for WSIB purposes. 22.12 Leave of absence, with pay, shall be granted to two (2) full-time Workers’ Compensation/Rehabilitation Representatives whose responsibilities will include worker’s compensation and rehabilitation. The cost of such leave shall be shared equally by the parties.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

WORKPLACE SAFETY AND INSURANCE BENEFITS. 22.01 Where in an action or by settlement of a claim arising out of an accident to an employee of the City coming within the Local 79 Unit, the City recovers from a third party as a result of such accident a larger amount, exclusive of costs, than the amount paid to or on behalf of such employee including the costs of the services of the Solicitor for the City, the surplus amount shall be allocated by the City in accordance with the requirements of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended. 22.02 Where an employee who is injured in circumstances in which he/she may be entitled to compensation under the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, elects to claim against a third person, he/he/ she shall, as a condition of receiving Sick Pay or IIP Pay, agree to provide in writing an undertaking to reimburse the City out of the proceeds of any settlement or judgement upon such claim, the amount of money equivalent to the value of such Sick Pay or IIP Pay, may be, and upon his/her having made such reimbursement, his/her accumulated Sick Pay or IIP Pay, shall be restored accordingly. (a) Where an employee who is injured on duty with the City in circumstances where no action for such injuries would lie against a third person, and who is unable to work as a result of such injury, and who has made a claim to the Workplace Safety and Insurance Board in accordance with the Workplace Safety and Insurance Xxx, 0000, S.O. 1997, as amended, shall, provided he/he/ she has qualified for Sick Pay or IIP Pay, in accordance with Article 11A (IIP) or Article 11B (Sick Pay), be paid an amount equal to his/her full net pay while the employee is off work and until such time as a ruling has been made by the Workplace Safety and Insurance Board. (b) If the employee’s claim is denied and the employee has otherwise qualified for Sick Pay or IIP Pay, the denial of the claim shall not act as a bar to the employee claiming benefits in accordance with the provisions of Article 11A (IIP) or 11B (Sick Pay). (c) The full net pay of an employee shall be as determined by the City by deducting from the employee’s gross earnings the probable Income Tax, Canada Pension Plan premiums, and Employment Insurance premiums. 22.04 Where the Workplace Safety and Insurance Board approves the claim, and for as long as the employee is receiving a full loss of earnings benefit in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, the employee shall continue to receive the full net pay amount as defined in clause 22.03(c). Such full net pay shall include benefit payments approved by the Workplace Safety and Insurance Board. Such full net pay shall include the full loss of earnings benefit payments in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, as approved by the Workplace Safety and Insurance Board. 22.05 If the employee is unable to return to work after a claim is approved, he/he/ she shall receive the benefit payments approved by the Workplace Safety and Insurance Board directly from the Workplace Safety and Insurance Board and for those who qualify for Sick Pay or IIP Pay, in accordance with Article 11A (IIP) or Article 11B (Sick Pay), receive the remainder of the net pay amount from the City. From the portion the employee is receiving from the City, the following deductions shall be made: the employee’s Pension contributions and if applicable, the employee’s share of Extended Group Life Insurance premiums and any further deductions required by law. No deductions will be made from the sick bank or IIP Pay of an employee who received payments under clauses 22.03(a) and 22.05 (Note: This will leave a net balance approximately equal to an employee’s normal take home pay). 22.06 Employees who have not qualified for Sick Pay or IIP Pay, in accordance with Article 11A (IIP) or Article 11B (Sick Pay) shall, if their Workplace Safety and Insurance Board claim is approved, receive their benefit payments from the Workplace Safety and Insurance Board. 22.07 An employee in receipt of a loss of earnings benefit in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, who is not on layoff shall be considered to be an employee on the active payroll and; (a) Continues to accrue seniority, service, vacation and sick pay credits or IIP Days, and (b) Continues to be entitled to benefit coverage which shall be maintained by the City in the same manner as though the employee were at work, and (c) The foregoing shall have no effect on any permanent partial disability pension, which an employee may be receiving. (a) Where the claim is not approved or where an employee receives monies in excess of his/her appropriate net pay amount, such excess shall be treated as an overpayment and the City shall make recovery from the wages of the employee. It is agreed that the affected employee(s) shall provide to the City any recovery consents required by law to give effect to such recoveries. (b) In the event of an overpayment, the City shall advise the employee in advance of the implementation of any schedule of recovery with respect to said overpayment. The recovery Schedule shall not exceed the maximum permitted by the Wages Act, R.S.O. 1990 as amended, unless the parties agree otherwise. If so requested the City shall meet with the employee so that the employee may provide his/her input regarding an appropriate schedule of recovery. The employee may be accompanied by either his/her Xxxxxxx or other Union Representative at such meeting should he/she so request. 22.09 An employee, who sustains a compensable injury and, as a result, must leave work before the end of his/her shift, on the day the injury occurred, shall be paid to the end of the shift. 22.10 Where a WSIB claim is approved and the employee has returned to work and requires medical appointments related to the compensable injury, such time shall be at no cost to the employee provided the employee makes all efforts to first schedule such appointments outside of normal working hours. 22.11 Any employee who is on a City paid leave of absence while conducting Local 79 related activities will be considered an employee of the City for WSIB purposes. 22.12 Leave of absence, with pay, shall be granted to two (2) full-time Workers’ Compensation/Rehabilitation Representatives whose responsibilities will include worker’s compensation and rehabilitation. The cost of such leave shall be shared equally by the parties.

Appears in 1 contract

Samples: Collective Agreement

WORKPLACE SAFETY AND INSURANCE BENEFITS. 22.01 Where in an action or by settlement of a claim arising out of an accident to an employee of the City coming within the Local 79 Unit, the City recovers from a third party as a result of such accident a larger amount, exclusive of costs, than the amount paid to or on behalf of such employee including the costs of the services of the Solicitor for the City, the surplus amount shall be allocated by the City in accordance with the requirements of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended. 22.02 Where an employee who is injured in circumstances in which he/she may be entitled to compensation under the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, elects to claim against a third person, he/she shall, as a condition of receiving Sick Pay or IIP Pay, agree to provide in writing an undertaking to reimburse the City out of the proceeds of any settlement or judgement upon such claim, the amount of money equivalent to the value of such Sick Pay or IIP Pay, may be, and upon his/her having made such reimbursement, his/her accumulated Sick Pay or IIP Pay, shall be restored accordingly. (a) Where an employee who is injured on duty with the City in circumstances where no action for such injuries would lie against a third person, and who is unable to work as a result of such injury, and who has made a claim to the Workplace Safety and Insurance Board in accordance with the Workplace Safety and Insurance Xxx, 0000, S.O. 1997, as amended, shall, provided he/she has qualified for Sick Pay or IIP Pay, in accordance with Article 11A (IIP) or Article 11B (Sick Pay), be paid an amount equal to his/her full net pay while the employee is off work and until such time as a ruling has been made by the Workplace Safety and Insurance Board. (b) If the employee’s employee‘s claim is denied and the employee has otherwise qualified for Sick Pay or IIP Pay, the denial of the claim shall not act as a bar to the employee claiming benefits in accordance with the provisions of Article 11A (IIP) or 11B (Sick Pay). (c) The full net pay of an employee shall be as determined by the City by deducting from the employee’s employee‘s gross earnings the probable Income Tax, Canada Pension Plan premiums, and Employment Insurance premiums. 22.04 Where the Workplace Safety and Insurance Board approves the claim, and for as long as the employee is receiving a full loss of earnings benefit in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, the employee shall continue to receive the full net pay amount as defined in clause 22.03(c). Such full net pay shall include benefit payments approved by the Workplace Safety and Insurance Board. Such full net pay shall include the full loss of earnings benefit payments in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, as approved by the Workplace Safety and Insurance Board. 22.05 If the employee is unable to return to work after a claim is approved, he/she shall receive the benefit payments approved by the Workplace Safety and Insurance Board directly from the Workplace Safety and Insurance Board and for those who qualify for Sick Pay or IIP Pay, in accordance with Article 11A (IIP) or Article 11B (Sick Pay), receive the remainder of the net pay amount from the City. From the portion the employee is receiving from the City, the following deductions shall be made: the employee’s employee‘s Pension contributions and if applicable, the employee’s employee‘s share of Extended Group Life Insurance premiums and any further deductions required by law. No deductions will be made from the sick bank or IIP Pay of an employee who received payments under clauses 22.03(a) and 22.05 (Note: This will leave a net balance approximately equal to an employee’s employee‘s normal take home pay). 22.06 Employees who have not qualified for Sick Pay or IIP Pay, in accordance with Article 11A (IIP) or Article 11B (Sick Pay) shall, if their Workplace Safety and Insurance Board claim is approved, receive their benefit payments from the Workplace Safety and Insurance Board. 22.07 An employee in receipt of a loss of earnings benefit in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, who is not on layoff shall be considered to be an employee on the active payroll and; (a) Continues to accrue seniority, service, vacation and sick pay credits or IIP Days, and (b) Continues to be entitled to benefit coverage which shall be maintained by the City in the same manner as though the employee were at work, and (c) The foregoing shall have no effect on any permanent partial disability pension, which an employee may be receiving. (a) Where the claim is not approved or where an employee receives monies in excess of his/her appropriate net pay amount, such excess shall be treated as an overpayment and the City shall make recovery from the wages of the employee. It is agreed that the affected employee(s) shall provide to the City any recovery consents required by law to give effect to such recoveries. (b) In the event of an overpayment, the City shall advise the employee in advance of the implementation of any schedule of recovery with respect to said overpayment. The recovery Schedule shall not exceed the maximum permitted by the Wages Act, R.S.O. 1990 as amended, unless the parties agree otherwise. If so requested the City shall meet with the employee so that the employee may provide his/her input regarding an appropriate schedule of recovery. The employee may be accompanied by either his/her Xxxxxxx or other Union Representative at such meeting should he/she so request. 22.09 An employee, who sustains a compensable injury and, as a result, must leave work before the end of his/her shift, on the day the injury occurred, shall be paid to the end of the shift. 22.10 Where a WSIB claim is approved and the employee has returned to work and requires medical appointments related to the compensable injury, such time shall be at no cost to the employee provided the employee makes all efforts to first schedule such appointments outside of normal working hours. 22.11 Any employee who is on a City paid leave of absence while conducting Local 79 related activities will be considered an employee of the City for WSIB purposes. 22.12 Leave of absence, with pay, shall be granted to two (2) full-time WorkersCompensation/Rehabilitation Representatives whose responsibilities will include worker’s worker‘s compensation and rehabilitation. The cost of such leave shall be shared equally by the parties.

Appears in 1 contract

Samples: Collective Agreement

WORKPLACE SAFETY AND INSURANCE BENEFITS. 22.01 Where in an action or by settlement of a claim arising out of an accident to an employee of the City coming within the Local 79 Unit, the City recovers from a third party as a result of such accident a larger amount, exclusive of costs, than the amount paid to or on behalf of such employee including the costs of the services of the Solicitor for the City, the surplus amount shall be allocated by the City in accordance with the requirements of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended. 22.02 Where an employee who is injured in circumstances in which he/she may be entitled to compensation under the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, elects to claim against a third person, he/she shall, as a condition of receiving Sick Pay Pay, Short Term Wage Protection Benefits, Salary Continuance Benefits, Income Protection Benefits or IIP PayShort Term Disability Benefits, agree to provide in writing an undertaking to reimburse the City out of the proceeds of any settlement or judgement upon such claim, the amount of money equivalent to the value of such Sick Pay or IIP Pay, Short Term Wage Protection Benefits, Salary Continuance Benefits, Income Protection Benefits, Short Term Disability Benefits and Workplace Safety and Insurance Board Benefits as the case may be, and upon his/her having made such reimbursement, his/his/ her accumulated Sick Pay or IIP Pay, Short Term Wage Protection Plan, Salary Continuance Plan, Income Protection Plan or Short Term Disability Plan as the case may be shall be restored accordingly. (a) Where an employee who is injured on duty with the City in circumstances where no action for such injuries would lie against a third person, and who is unable to work as a result of such injury, and who has made a claim to the Workplace Safety and Insurance Board in accordance with the Workplace Safety and Insurance XxxAct, 00001997, S.O. 1997, as amended, shall, provided he/she has qualified for Sick Pay or IIP Pay, or Short Term Wage Protection Benefits, or Salary Continuance Benefits, or Income Protection Benefits or Short Term Disability Benefits in accordance with Article 11A (IIP) or Article 11B 11 (Sick Pay), be paid an amount equal to his/her full net pay while the employee is off work and until such time as a ruling has been made by the Workplace Safety and Insurance Board. (b) If the employee’s claim is denied and the employee has otherwise qualified for Sick Pay or IIP Pay, Short Term Wage Protection Benefits, Salary Continuance Benefits, Income Protection Benefits or Short Term Disability Benefits the denial of the claim shall not act as a bar to the employee claiming benefits in accordance with the provisions of Article 11A (IIP) or 11B 11 (Sick Pay). (c) The full net pay of an employee shall be as determined by the City by deducting from the employee’s gross earnings the probable Income Tax, Canada Pension Plan premiums, and Employment Insurance premiums. 22.04 Where the Workplace Safety and Insurance Board approves the claim, and for as long as the employee is receiving a full loss of earnings benefit in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, the employee shall continue to receive the full net pay amount as defined in clause 22.03(c). Such full net pay shall include benefit payments approved by the Workplace Safety and Insurance Board. Such full net pay shall include the full loss of earnings benefit payments in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, as approved by the Workplace Safety and Insurance Board. 22.05 If the employee is unable to return to work after a claim is approved, he/she shall receive the benefit payments approved by the Workplace Safety and Insurance Board directly from the Workplace Safety and Insurance Board and for those who qualify for Sick Pay Pay, Short Term Wage Protection Benefits, Salary Continuance Benefits, Income Protection Benefits or IIP PayShort Term Disability Benefits, in accordance with Article 11A (IIP) or Article 11B 11 (Sick Pay), receive the remainder of the net pay amount from the City. From the portion the employee is receiving from the City, the following deductions shall be made: the employee’s Pension contributions and if applicable, the employee’s share of Extended Group Life Insurance premiums and any further deductions required by law. No deductions will be made from the sick bank or IIP Pay of an employee who received payments under clauses 22.03(a) and 22.05 (Note: This will leave a net balance approximately equal to an employee’s normal take home pay.). 22.06 Employees who have not qualified for Sick Pay Pay, Short Term Wage Protection Benefits, Short Term Disability Benefits, Salary Continuance Benefits or IIP PayIncome Protection Benefits, in accordance with Article 11A (IIP) or Article 11B 11 (Sick Pay) shall, if their Workplace Safety and Insurance Board claim is approved, receive their benefit payments from the Workplace Safety and Insurance Board. 22.07 An employee in receipt of a loss of earnings benefit in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, who is not on layoff shall be considered to be an employee on the active payroll and; (a) Continues to accrue seniority, service, vacation and sick pay credits or IIP Dayscredits, and (b) Continues to be entitled to benefit coverage which shall be maintained by the City in the same manner as though the employee were at work, and (c) The foregoing shall have no effect on any permanent partial disability pension, which an employee may be receiving. (a) Where the claim is not approved or where an employee receives monies in excess of his/her appropriate net pay amount, such excess shall be treated as an overpayment and the City shall make recovery from the wages of the employee. It is agreed that the affected employee(s) shall provide to the City any recovery consents required by law to give effect to such recoveries. (b) In the event of an overpayment, the City shall advise the employee in advance of the implementation of any schedule of recovery with respect to said overpayment. The recovery Schedule shall not exceed the maximum permitted by the Wages Act, R.S.O. 1990 as amended, unless the parties agree otherwise. If so requested the City shall meet with the employee so that the employee may provide his/her input regarding an appropriate schedule of recovery. The employee may be accompanied by either his/her Xxxxxxx or other Union Representative at such meeting should he/she so request. 22.09 An employee, who sustains a compensable injury and, as a result, must leave work before the end of his/her shift, on the day the injury occurred, shall be paid to the end of the shift. 22.10 The Short Term Wage Protection Benefit Plan, the Salary Continuance Plan, the Income Protection Plan and the Short Term Disability Benefit Plans referred to in this Article are in reference to existing sick pay plans for the former City of Etobicoke, Borough of East York, Borough of East York Board of Health, City of York Board of Health, City of Scarborough and City of York employees as set out in Schedule 2 of this agreement. 22.11 Where a WSIB claim is approved and the employee has returned to work and requires medical appointments related to the compensable injury, such time shall be at no cost to the employee provided the employee makes all efforts to first schedule such appointments outside of normal working hours. 22.11 22.12 Any employee who is on a City paid leave of absence while conducting Local 79 related activities will be considered an employee of the City for WSIB purposes. 22.12 22.13 Leave of absence, with pay, shall be granted to two (2) full-time Workers’ Compensation/Rehabilitation Representatives whose responsibilities will include worker’s compensation and rehabilitation. The cost of such leave shall be shared equally by the parties.

Appears in 1 contract

Samples: Collective Agreement

WORKPLACE SAFETY AND INSURANCE BENEFITS. 22.01 30.01 Where in an action or by settlement of a claim arising out of an accident to an employee of the City TCHC coming within the Local 79 416 Bargaining Unit, the City TCHC recovers from a third party person as a result of such accident a larger amount, exclusive of costs, than the amount paid to or on behalf of such employee including the costs of the services of the Solicitor for the City, the surplus amount shall be allocated by the City in accordance with the requirements of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended.the 22.02 30.02 Where an employee who is injured in circumstances during the course of their employment with TCHC, in which he/she they may be entitled to compensation under the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, elects to claim against a third person, he/she they shall, as a condition of receiving Sick Pay or IIP Pay, , agree to provide in writing an undertaking to reimburse the City TCHC out of the proceeds of any settlement or judgement judgment, exclusive of costs, upon such claim, the amount of money equivalent to the value of such Sick Pay or IIP Pay, and Workplace Safety and Insurance Board Benefits as the case may be, and upon his/her their having made such reimbursement, his/her their accumulated Sick Pay or IIP Pay, as the case may be shall be restored accordingly. (a) Where an employee who is injured on duty with the City TCHC in circumstances where no action for such injuries would lie against a third person, and who is unable to work as a result of such injury, and who has made a claim to the Workplace Safety and Insurance Board in accordance with the Workplace Safety and Insurance Xxx, 0000, S.O. 1997, as amendedAct, shall, provided he/she has they have qualified for Sick Pay or IIP Pay, in accordance with Article 11A (IIP) or Article 11B (Sick Pay)14, be paid an amount equal to his/her their full net pay while the employee is off work and until such time as a ruling has been made by the Workplace Safety and Insurance Board. (b) If the employee’s claim is denied and the employee has otherwise qualified for Sick Pay or IIP Pay, the denial of the claim shall not act as a bar to the employee claiming benefits in accordance with the provisions of Article 11A (IIP) or 11B 14 (Sick Pay). (c) The full net pay of an employee shall be as determined by the City by deducting from the employee’s gross earnings the probable Income Tax, Canada Pension Plan premiums, and Employment Insurance premiums. 22.04 Where the Workplace Safety and Insurance Board approves the claim, and for as long as the employee is receiving a full loss of earnings benefit in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, the employee shall continue to receive the full net pay amount as defined in clause 22.03(c). Such full net pay shall include benefit payments approved by the Workplace Safety and Insurance Board. Such full net pay shall include the full loss of earnings benefit payments in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, as approved by the Workplace Safety and Insurance Board. 22.05 If the employee is unable to return to work after a claim is approved, he/she shall receive the benefit payments approved by the Workplace Safety and Insurance Board directly from the Workplace Safety and Insurance Board and for those who qualify for Sick Pay or IIP Pay, in accordance with Article 11A (IIP) or Article 11B (Sick Pay), receive the remainder of the net pay amount from the City. From the portion the employee is receiving from the City, the following deductions shall be made: the employee’s Pension contributions and if applicable, the employee’s share of Extended Group Life Insurance premiums and any further deductions required by law. No deductions will be made from the sick bank or IIP Pay of an employee who received payments under clauses 22.03(a) and 22.05 (Note: This will leave a net balance approximately equal to an employee’s normal take home pay). 22.06 Employees who have not qualified for Sick Pay or IIP Pay, in accordance with Article 11A (IIP) or Article 11B (Sick Pay) shall, if their Workplace Safety and Insurance Board claim is approved, receive their benefit payments from the Workplace Safety and Insurance Board. 22.07 An employee in receipt of a loss of earnings benefit in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, who is not on layoff shall be considered to be an employee on the active payroll and; (a) Continues to accrue seniority, service, vacation and sick pay credits or IIP Days, and (b) Continues to be entitled to benefit coverage which shall be maintained by the City in the same manner as though the employee were at work, and (c) The foregoing shall have no effect on any permanent partial disability pension, which an employee may be receiving. (a) Where the claim is not approved or where an employee receives monies in excess of his/her appropriate net pay amount, such excess shall be treated as an overpayment and the City shall make recovery from the wages of the employee. It is agreed that the affected employee(s) shall provide to the City any recovery consents required by law to give effect to such recoveries. (b) In the event of an overpayment, the City shall advise the employee in advance of the implementation of any schedule of recovery with respect to said overpayment. The recovery Schedule shall not exceed the maximum permitted by the Wages Act, R.S.O. 1990 as amended, unless the parties agree otherwise. If so requested the City shall meet with the employee so that the employee may provide his/her input regarding an appropriate schedule of recovery. The employee may be accompanied by either his/her Xxxxxxx or other Union Representative at such meeting should he/she so request. 22.09 An employee, who sustains a compensable injury and, as a result, must leave work before the end of his/her shift, on the day the injury occurred, shall be paid to the end of the shift. 22.10 Where a WSIB claim is approved and the employee has returned to work and requires medical appointments related to the compensable injury, such time shall be at no cost to the employee provided the employee makes all efforts to first schedule such appointments outside of normal working hours. 22.11 Any employee who is on a City paid leave of absence while conducting Local 79 related activities will be considered an employee of the City for WSIB purposes. 22.12 Leave of absence, with pay, shall be granted to two (2) full-time Workers’ Compensation/Rehabilitation Representatives whose responsibilities will include worker’s compensation and rehabilitation. The cost of such leave shall be shared equally by the parties.

Appears in 1 contract

Samples: Collective Agreement

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WORKPLACE SAFETY AND INSURANCE BENEFITS. 22.01 30.01 Where in an action or by settlement of a claim arising out of an accident to an employee of the City TCHC coming within the Local 79 416 Bargaining Unit, the City TCHC recovers from a third party person as a result of such accident a larger amount, exclusive of costs, than the amount paid to or on behalf of such employee including the costs of the services of the Solicitor for the CityTCHC, the surplus amount shall be allocated to the employee or their dependants by the City TCHC in accordance with the requirements of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended. 22.02 30.02 Where an employee who is injured in circumstances in which he/she they may be entitled to compensation under the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, elects to claim against a third person, he/she they shall, as a condition of receiving Sick Pay Pay, Short Term Wage Protection Benefits or IIP PayShort Term Disability Benefits, agree to provide in writing an undertaking to reimburse the City TCHC out of the proceeds of any settlement or judgement upon such claim, the amount of money equivalent to the value of such Sick Pay or IIP Pay, may be, and upon his/her having made such reimbursement, his/her accumulated Sick Pay or IIP Pay, shall be restored accordingly.judgment, (a) Where an employee who is injured on duty with the City TCHC in circumstances where no action for such injuries would lie against a third person, and who is unable to work as a result of such injury, and who has made a claim to the Workplace Safety and Insurance Board in accordance with the Workplace Safety and Insurance Xxx, 0000, S.O. 1997, as amendedAct, shall, provided he/she has they have qualified for Sick Pay or IIP Pay, or Short Term Wage Protection Benefits or Short Term Disability Benefits in accordance with Article 11A (IIP) or Article 11B (Sick Pay)14, be paid an amount equal to his/her their full net pay while the employee is off work and until such time as a ruling has been made by the Workplace Safety and Insurance Board. (b) If the employee’s claim is denied and the employee has otherwise qualified for Sick Pay or IIP Pay, Short Term Wage Protection Benefits or Short Term Disability Benefits the denial of the claim shall not act as a bar to the employee claiming benefits in accordance with the provisions of Article 11A (IIP) or 11B 14 (Sick Pay). (c) The full net pay of an employee shall be as determined by the City by deducting from the employee’s gross earnings the probable Income Tax, Canada Pension Plan premiums, and Employment Insurance premiums. 22.04 Where the Workplace Safety and Insurance Board approves the claim, and for as long as the employee is receiving a full loss of earnings benefit in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, the employee shall continue to receive the full net pay amount as defined in clause 22.03(c). Such full net pay shall include benefit payments approved by the Workplace Safety and Insurance Board. Such full net pay shall include the full loss of earnings benefit payments in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, as approved by the Workplace Safety and Insurance Board. 22.05 If the employee is unable to return to work after a claim is approved, he/she shall receive the benefit payments approved by the Workplace Safety and Insurance Board directly from the Workplace Safety and Insurance Board and for those who qualify for Sick Pay or IIP Pay, in accordance with Article 11A (IIP) or Article 11B (Sick Pay), receive the remainder of the net pay amount from the City. From the portion the employee is receiving from the City, the following deductions shall be made: the employee’s Pension contributions and if applicable, the employee’s share of Extended Group Life Insurance premiums and any further deductions required by law. No deductions will be made from the sick bank or IIP Pay of an employee who received payments under clauses 22.03(a) and 22.05 (Note: This will leave a net balance approximately equal to an employee’s normal take home pay). 22.06 Employees who have not qualified for Sick Pay or IIP Pay, in accordance with Article 11A (IIP) or Article 11B (Sick Pay) shall, if their Workplace Safety and Insurance Board claim is approved, receive their benefit payments from the Workplace Safety and Insurance Board. 22.07 An employee in receipt of a loss of earnings benefit in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, who is not on layoff shall be considered to be an employee on the active payroll and; (a) Continues to accrue seniority, service, vacation and sick pay credits or IIP Days, and (b) Continues to be entitled to benefit coverage which shall be maintained by the City in the same manner as though the employee were at work, and (c) The foregoing shall have no effect on any permanent partial disability pension, which an employee may be receiving. (a) Where the claim is not approved or where an employee receives monies in excess of his/her appropriate net pay amount, such excess shall be treated as an overpayment and the City shall make recovery from the wages of the employee. It is agreed that the affected employee(s) shall provide to the City any recovery consents required by law to give effect to such recoveries. (b) In the event of an overpayment, the City shall advise the employee in advance of the implementation of any schedule of recovery with respect to said overpayment. The recovery Schedule shall not exceed the maximum permitted by the Wages Act, R.S.O. 1990 as amended, unless the parties agree otherwise. If so requested the City shall meet with the employee so that the employee may provide his/her input regarding an appropriate schedule of recovery. The employee may be accompanied by either his/her Xxxxxxx or other Union Representative at such meeting should he/she so request. 22.09 An employee, who sustains a compensable injury and, as a result, must leave work before the end of his/her shift, on the day the injury occurred, shall be paid to the end of the shift. 22.10 Where a WSIB claim is approved and the employee has returned to work and requires medical appointments related to the compensable injury, such time shall be at no cost to the employee provided the employee makes all efforts to first schedule such appointments outside of normal working hours. 22.11 Any employee who is on a City paid leave of absence while conducting Local 79 related activities will be considered an employee of the City for WSIB purposes. 22.12 Leave of absence, with pay, shall be granted to two (2) full-time Workers’ Compensation/Rehabilitation Representatives whose responsibilities will include worker’s compensation and rehabilitation. The cost of such leave shall be shared equally by the parties.

Appears in 1 contract

Samples: Collective Agreement

WORKPLACE SAFETY AND INSURANCE BENEFITS. 22.01 30.01 Where in an action or by settlement of a claim arising out of an accident to an employee of the City coming within the Local 79 416 Bargaining Unit, the City recovers from a third party person as a result of such accident a larger amount, exclusive of costs, than the amount paid to or on behalf of such employee including the costs of the services of the Solicitor for the City, the surplus amount shall be allocated to the employee or his dependants by the City in accordance with the requirements of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended. 22.02 30.02 Where an employee who is injured in circumstances in which he/she he may be entitled to compensation under the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, elects to claim against a third person, he/she he shall, as a condition of receiving Sick Pay Pay, Short Term Wage Protection Benefits or IIP PayShort Term Disability Benefits, agree to provide in writing an undertaking to reimburse the City out of the proceeds of any settlement or judgement judgement, exclusive of costs, upon such claim, the amount of money equivalent to the value of such Sick Pay or IIP Pay, Short Term Wage Protection Benefits, Short Term Disability Benefits and Workplace Safety and Insurance Board Benefits as the case may be, and upon his/her his having made such reimbursement, his/her his accumulated Sick Pay or IIP Pay, Short Term Wage Protection Plan, or Short Term Disability Plan as the case may be shall be restored accordingly. (a) Where an employee who is injured on duty with the City in circumstances where no action for such injuries would lie against a third person, and who is unable to work as a result of such injury, and who has made a claim to the Workplace Safety and Insurance Board in accordance with the Workplace Safety and Insurance Xxx, 0000, S.O. 1997, as amendedAct, shall, provided he/she he has qualified for Sick Pay or IIP Pay, or Short Term Wage Protection Benefits or Short Term Disability Benefits in accordance with Article 11A (IIP) or Article 11B (Sick Pay)14, be paid an amount equal to his/her his full net pay while the employee is off work and until such time as a ruling has been made by the Workplace Safety and Insurance Board. (b) If the employee’s claim is denied and the employee has otherwise qualified for Sick Pay or IIP Pay, Short Term Wage Protection Benefits or Short Term Disability Benefits the denial of the claim shall not act as a bar to the employee claiming benefits in accordance with the provisions of Article 11A (IIP) or 11B 14 (Sick Pay). (c) The full net pay of an employee shall be as determined by the City by deducting from the employee’s gross earnings the probable Income Tax, Canada Pension Plan premiums, and Employment Insurance premiums. 22.04 Where the Workplace Safety and Insurance Board approves the claim, and for as long as the employee is receiving a full loss of earnings benefit in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, the employee shall continue to receive the full net pay amount as defined in clause 22.03(c). Such full net pay shall include benefit payments approved by the Workplace Safety and Insurance Board. Such full net pay shall include the full loss of earnings benefit payments in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, as approved by the Workplace Safety and Insurance Board. 22.05 If the employee is unable to return to work after a claim is approved, he/she shall receive the benefit payments approved by the Workplace Safety and Insurance Board directly from the Workplace Safety and Insurance Board and for those who qualify for Sick Pay or IIP Pay, in accordance with Article 11A (IIP) or Article 11B (Sick Pay), receive the remainder of the net pay amount from the City. From the portion the employee is receiving from the City, the following deductions shall be made: the employee’s Pension contributions and if applicable, the employee’s share of Extended Group Life Insurance premiums and any further deductions required by law. No deductions will be made from the sick bank or IIP Pay of an employee who received payments under clauses 22.03(a) and 22.05 (Note: This will leave a net balance approximately equal to an employee’s normal take home pay). 22.06 Employees who have not qualified for Sick Pay or IIP Pay, in accordance with Article 11A (IIP) or Article 11B (Sick Pay) shall, if their Workplace Safety and Insurance Board claim is approved, receive their benefit payments from the Workplace Safety and Insurance Board. 22.07 An employee in receipt of a loss of earnings benefit in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, who is not on layoff shall be considered to be an employee on the active payroll and; (a) Continues to accrue seniority, service, vacation and sick pay credits or IIP Days, and (b) Continues to be entitled to benefit coverage which shall be maintained by the City in the same manner as though the employee were at work, and (c) The foregoing shall have no effect on any permanent partial disability pension, which an employee may be receiving. (a) Where the claim is not approved or where an employee receives monies in excess of his/her appropriate net pay amount, such excess shall be treated as an overpayment and the City shall make recovery from the wages of the employee. It is agreed that the affected employee(s) shall provide to the City any recovery consents required by law to give effect to such recoveries. (b) In the event of an overpayment, the City shall advise the employee in advance of the implementation of any schedule of recovery with respect to said overpayment. The recovery Schedule shall not exceed the maximum permitted by the Wages Act, R.S.O. 1990 as amended, unless the parties agree otherwise. If so requested the City shall meet with the employee so that the employee may provide his/her input regarding an appropriate schedule of recovery. The employee may be accompanied by either his/her Xxxxxxx or other Union Representative at such meeting should he/she so request. 22.09 An employee, who sustains a compensable injury and, as a result, must leave work before the end of his/her shift, on the day the injury occurred, shall be paid to the end of the shift. 22.10 Where a WSIB claim is approved and the employee has returned to work and requires medical appointments related to the compensable injury, such time shall be at no cost to the employee provided the employee makes all efforts to first schedule such appointments outside of normal working hours. 22.11 Any employee who is on a City paid leave of absence while conducting Local 79 related activities will be considered an employee of the City for WSIB purposes. 22.12 Leave of absence, with pay, shall be granted to two (2) full-time Workers’ Compensation/Rehabilitation Representatives whose responsibilities will include worker’s compensation and rehabilitation. The cost of such leave shall be shared equally by the parties.

Appears in 1 contract

Samples: Collective Agreement

WORKPLACE SAFETY AND INSURANCE BENEFITS. 22.01 Where in an action or by settlement of a claim arising out of an accident to an employee of the City coming within the Local 79 Unit, the City recovers from a third party as a result of such accident a larger amount, exclusive of costs, than the amount paid to or on behalf of such employee including the costs of the services of the Solicitor for the City, the surplus amount shall be allocated by the City in accordance with the requirements of the Workplace Safety and Insurance Act, 1997, S.O. 1997InsuranceAct, as amended. 22.02 . Where an employee who is injured in circumstances in which he/she may be entitled to compensation under the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, elects to claim against a third person, he/she shall, as a condition of receiving Sick Pay Pay, Short Term Wage Protection Benefits, Salary Continuance Benefits, Income Protection Benefits or IIP PayShort Term Disability Benefits, agree to provide in writing an undertaking to reimburse the City out of the proceeds of any settlement or judgement upon such claim, the amount of money equivalent to the value of such Sick Pay or IIP Pay, Short Term Wage Protection Benefits, Salary Continuance Benefits, Income Protection Benefits, Short Term Disability Benefits and Workplace Safety and Insurance Board Benefits as the case may be, and upon his/her having made such reimbursement, his/her accumulated Sick Pay or IIP Pay, Short Term Wage Protection Plan, Salary Continuance Plan, Income Protection Plan or Short Term Disability Plan as the case may be shall be restored accordingly. (a) . Where an employee who is injured on duty with the City in circumstances where no action for such injuries would lie against a third person, and who is unable to work as a result of such injury, and who has made a claim to the Workplace Safety and Insurance Board in accordance with the Workplace Safety and Insurance Xxx, 0000, S.O. 1997Act, as amended, shall, provided he/she has qualified for Sick Pay or IIP Pay, or Short Term Wage Protection Benefits, or Salary Continuance Benefits, or Income Protection Benefits or Short Term Disability Benefits in accordance with Article 11A (IIP) or Article 11B (Sick Pay), be paid an amount equal to his/her full net pay while the employee is off work and until such time as a ruling has been made by the Workplace Safety and Insurance Board. (b) . If the employee’s claim is denied and the employee has otherwise qualified for Sick Pay or IIP Pay, Short Term Wage Protection Benefits, Salary Continuance Benefits, Income Protection Benefits or Short Term Disability Benefits the denial of the claim shall not act as a bar to the employee claiming benefits in accordance with the provisions of Article 11A (IIP) or 11B (Sick Pay). (c) . The full net pay of an employee shall be as determined by the City by deducting from the employee’s gross earnings the probable Income Tax, Canada Pension Plan premiums, and Employment Insurance premiums. 22.04 . Where the Workplace Safety and Insurance Board approves the claim, and for as long as the employee is receiving a full loss of earnings benefit in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, . as amended, the employee shall continue to receive the full net pay amount as defined in clause 22.03(c). Such full net pay shall include benefit payments approved by the Workplace Safety and Insurance Board. Such full net pay shall include the full loss of earnings benefit payments in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, as approved by the Workplace Safety and Insurance Board. 22.05 . If the employee is unable to return to work after a claim is approved, he/she shall receive the benefit payments approved by the Workplace Safety and Insurance Board directly from the Workplace Safety and Insurance Board and for those who qualify for Sick Pay Pay, Short Term Wage Protection Benefits, Salary Continuance Benefits, Income Protection Benefits or IIP PayShort Term Disability Benefits, in accordance with Article 11A (IIP) or Article 11B (Sick Pay), receive the remainder of the net pay amount from the City. From the portion the employee is receiving from the City, the following deductions shall be made: the employee’s 's Pension contributions and if applicable, the employee’s 's share of Extended Group Life Insurance premiums and any further deductions required by law. No deductions will be made from the sick bank or IIP Pay of an employee who received payments under clauses 22.03(a) and 22.05 (Note: This will leave a net balance approximately equal to an employee’s 's normal take home pay). 22.06 ) Employees who have not qualified for Sick Pay Pay, Short Term Wage Protection Benefits, Short Term Disability Benefits, Salary Continuance Benefits or IIP PayIncome Protection Benefits, in accordance with Article 11A (IIP) or Article 11B (Sick Pay) shall, if their Workplace Safety and Insurance Board claim is approved, receive their benefit payments from the Workplace Safety and Insurance Board. 22.07 . An employee in receipt of a loss of earnings benefit in accordance with Section 43 of the Workplace Safety and Insurance Act, 1997, S.O. 1997, as amended, who is not on layoff shall be considered to be an employee on the active payroll and; (a) ; Continues to accrue seniority, service, vacation and sick pay credits or IIP Dayscredits, and (b) and Continues to be entitled to benefit coverage which shall be maintained by the City in the same manner as though the employee were at work, and (c) and The foregoing shall have no effect on any permanent partial disability pension, which an employee may be receiving. (a) . Where the claim is not approved or where an employee receives monies in excess of his/her appropriate net pay amount, such excess shall be treated as an overpayment and the City shall make recovery from the wages of the employee. It is agreed that the affected employee(s) shall provide to the City any recovery consents required by law to give effect to such recoveries. (b) . ( In the event of an overpayment, the City shall advise the employee in advance of the implementation of any schedule of recovery with respect to said overpayment. The recovery Schedule shall not exceed the maximum permitted by the Wages Act, R.S.O. 1990 as amended, unless the parties agree otherwise. If so requested the City shall meet with the employee so that the employee may provide his/her input regarding an appropriate schedule of recovery. The employee may be accompanied by either his/her Xxxxxxx or other Union Representative at such meeting should he/she so request. 22.09 . An employee, who sustains a compensable injury and, as a result, must leave work before the end of his/her shift, on the day the injury occurred, shall be paid to the end of the shift. 22.10 . The Short Term Wage Protection Benefit Plan, the Salary Continuance Plan, the Income Protection Plan and the Short Term Disability Benefit Plans referred to in this Article are in reference to existing sick pay plans for the former City of Borough of East York, Borough of East York Board of Health, City of York Board of Health, City of Scarborough and City of York employees as set out in Schedule of this agreement. Where a WSIB claim is approved and the employee has returned to work and requires medical appointments related to the compensable injury, such time shall be at no cost to the employee provided the employee makes all efforts to first schedule such appointments outside of normal working hours. 22.11 . Any employee who is on a City paid leave of absence while conducting Local 79 related activities will be considered an employee of the City for WSIB purposes. 22.12 . Leave of absence, with pay, shall be granted to two (2) full-time Workers’ Compensation/Rehabilitation ' Representatives whose responsibilities will include worker’s 's compensation and rehabilitation. The cost of such leave shall be shared equally by the parties.

Appears in 1 contract

Samples: Collective Agreement

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