WORKPLACE SAFETY AND INSURANCE. 41.1 Where an employee is absent by reason of an injury or an occupational disease for which a claim is made under the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding thirty (30) days. If an award is not made, any payments made under the foregoing provisions in excess of that to which he or she is entitled under Articles 44.1 and 44.6 (Short Term Sickness Plan) shall be an amount owing by the employee to the Employer. 41.2 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her credits. 41.3 Where an award is made under the Workplace Safety and Insurance Act to an employee that is less than the regular salary of the employee and the award applies for longer than the period set out in Article 41.2 and the employee has accumulated credits, his or her regular salary may be paid and the difference between the regular salary paid after the period set out in Article 41.2 and the compensation awarded shall be converted to its equivalent time and deducted from his or her accumulated credits. 41.4 Where an employee receives an award under the Workplace Safety and Insurance Act, and the award applies for longer than the period set out in Article 41.2 (i.e. three (3) months), the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributions. 41.5 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, the employee shall not be entitled to a leave of absence with pay under Article 44 (Short Term Sickness Plan) as an option following the expiry of the application of Article 41.2.
Appears in 5 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 69.1 Where an employee is absent by reason of an injury or an occupational disease for which a claim is made under the Workplace Safety and Insurance Act, his or her salary weekly rate of pay shall continue to be paid for a period not exceeding thirty (30) regularly scheduled working days. If an award is not madem ade, any payments made m ade under the foregoing provisions in excess of that to which he or she is entitled under Articles 44.1 71.1 and 44.6 71.6 (Short Term Sickness Plan) shall be an amount owing by the employee to the Employer.
41.2 69.2 Where an employee is absent by reason of an injury or an occupational disease for which an award is made m ade under the Workplace Safety and Insurance Act, his or her salary weekly rate of pay shall continue to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) regularly scheduled working days days, where such absences are intermittent, following the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her credits.
41.3 69.3 Where an award is made under the Workplace Safety and Insurance Act to an employee that is less than the regular salary weekly rate of pay of the employee and the award applies for longer than the period set out in Article 41.2 69.2 and the employee has accumulated credits, his or her regular salary weekly rate of pay may be paid and the difference between the regular salary weekly rate of pay paid after the period set out in Article 41.2 69.2 and the compensation awarded shall be converted to its equivalent time and deducted from his or her accumulated credits.
41.4 69.4 Where an employee receives an award under the Workplace Safety and Insurance Act, and the award applies for longer than the period set out in Article 41.2 69.2 (i.e. three (3) months), the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributions.
41.5 69.5 Where an employee is absent by reason of an injury or an occupational disease for which an award is made m ade under the Workplace Safety and Insurance Act, the employee shall not be entitled to a leave of absence with pay under Article 44 71 (Short Term Sickness Plan) as an option following the expiry of the application of Article 41.269.2.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 Where an employee 16.01 All nurses included in this Agreement shall continue to be covered by the provisions of the Ontario Workplace Safety and Insurance Act.
16.02 The Employer and the Union agree that they mutually desire to maintain standards of safety and health in order to prevent accidents, injury and illness.
(a) A nurse who is absent by reason incapacitated and unable to work as a result of an injury or an occupational disease for which a claim is made under accident sustained while on duty in the service of the Employer within the meaning of the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding thirty (30) days. If an award is not madereceive her regular salary from the Employer, any payments made under the foregoing provisions in excess of that to which he or less regular deductions, provided she is entitled under Articles 44.1 and 44.6 (Short Term Sickness Plan) shall be an amount owing by the employee assigns over to the Employer.
41.2 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under Employer her compensation-payments due from the Workplace Safety and Insurance Act, his or her salary shall continue to be paid Board for the time lost as a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date result of the first absence because accident.
(b) A nurse who elects not to assign her Workplace Safety and Insurance payments to the Employer may make prior arrangements for the prepayment of the injury or occupational disease, and full premium of any absence in respect of the injury or occupational disease shall not be charged against his or her creditscontributory health benefit plans.
41.3 Where an award is made under 16.04 Should the nurse's claim be disallowed by the Workplace Safety and Insurance Act to an employee that is less than Board, then any monies paid by the regular salary of Employer shall be either charged against the employee and the award applies for longer than the period set out in Article 41.2 and the employee has nurse's accumulated sick leave credits, his or if the nurse has no sick leave credits, the amount so paid shall be recovered from the nurse.
(a) When a nurse is absent on a Workplace Safety and Insurance claim, all provisions of this Agreement will continue to apply, except as stated under Article 16.06 below, until the nurse is declared permanently unfit to perform her regular salary may be paid duties.
(b) An employee who has been on staff for more than one year, and is declared unfit to perform the difference between the essential duties of her regular salary paid job shall lose her seniority and employment one year after the period set out in Article 41.2 and the compensation awarded shall be converted to its equivalent time and deducted Notice of Fitness of Essential Duties from his or her accumulated credits.
41.4 Where an employee receives an award under the Workplace Safety and Insurance ActBoard has been received, and all attempts to accommodate the award applies for longer than nurse or to provide alternate work have failed. Seniority and employment shall be lost on the period set out date as of which a nurse is certified fit to return to work and she fails to do so or in Article 41.2 (i.e. three (3) months), case of a term employee upon the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributionsexpiration of such term.
41.5 Where an employee (c) A nurse who has been on staff for less than one year may be terminated on the date she is declared unfit to perform the essential duties of her regular job.
16.06 A nurse who is absent by reason of an injury or an occupational disease for which an award is made under the on a Workplace Safety and Insurance Actclaim will not accrue annual vacation and designated named holidays with pay during the entire period of absence. However, service credits for the purpose of calculating future vacation entitlement will continue to accrue during such absence. Should an anniversary increment fall during such leave, the employee nurse shall not receive her anniversary increment upon her return to employment.
16.07 All accidents must be entitled reported immediately by the nurse to the Manager, Clinic Services. The nurse will be provided with a leave of absence with pay under Article 44 (Short Term Sickness Plan) as an option following the expiry copy of the application report.
16.08 Nurses are required to provide the Manager, Clinic Services, as far in advance as possible, with a written notice of readiness to return to work.
16.09 The Employer will indicate either by written certification or on the nurse's T-4 the amount of Workplace Safety and Insurance payment the nurse has assigned to the Employer in accordance with Article 41.216.03 a) above.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 Where an employee 16.01 All nurses included in this Agreement shall continue to be covered by the provisions of the Ontario Workplace Safety and Insurance Act.
16.02 The Employer and the Association agree that they mutually desire to maintain standards of safety and health in order to prevent accidents, injury and illness.
(a) A nurse who is absent by reason incapacitated and unable to work as a result of an injury or an occupational disease for which a claim is made under accident sustained while on duty in the service of the Employer within the meaning of the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding thirty (30) days. If an award is not madereceive her regular salary from the Employer, any payments made under the foregoing provisions in excess of that to which he or less regular deductions, provided she is entitled under Articles 44.1 and 44.6 (Short Term Sickness Plan) shall be an amount owing by the employee assigns over to the Employer.
41.2 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under Employer her compensation-payments due from the Workplace Safety and Insurance Act, his or her salary shall continue to be paid Board for the time lost as a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date result of the first absence because accident.
(b) A nurse who elects not to assign her Workplace Safety and Insurance payments to the Employer may make prior arrangements for the prepayment of the injury or occupational disease, and full premium of any absence in respect of the injury or occupational disease shall not be charged against his or her creditscontributory health benefit plans.
41.3 Where an award is made under 16.04 Should the nurse's claim be disallowed by the Workplace Safety and Insurance Act to an employee that is less than Board, then any monies paid by the regular salary of Employer shall be either charged against the employee and the award applies for longer than the period set out in Article 41.2 and the employee has nurse's accumulated sick leave credits, his or if the nurse has no sick leave credits, the amount so paid shall be recovered from the nurse.
(a) When a nurse is absent on a Workplace Safety and Insurance claim, all provisions of this Agreement will continue to apply, except as stated under Article 16.06 below, until the nurse is declared permanently unfit to perform her regular salary may be paid duties.
(b) An employee who has been on staff for more than one year, and is declared unfit to perform the difference between the essential duties of her regular salary paid job shall lose her seniority and employment one year after the period set out in Article 41.2 and the compensation awarded shall be converted to its equivalent time and deducted Notice of Fitness of Essential Duties from his or her accumulated credits.
41.4 Where an employee receives an award under the Workplace Safety and Insurance ActBoard has been received, and all attempts to accommodate the award applies for longer than nurse or to provide alternate work have failed. Seniority and employment shall be lost on the period set out date as of which a nurse is certified fit to return to work and she fails to do so or in Article 41.2 (i.e. three (3) months), case of a term employee upon the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributionsexpiration of such term.
41.5 Where an employee (c) A nurse who has been on staff for less than one year may be terminated on the date she is declared unfit to perform the essential duties of her regular job.
16.06 A nurse who is absent by reason of an injury or an occupational disease for which an award is made under the on a Workplace Safety and Insurance Actclaim will not accrue annual vacation and designated named holidays with pay during the entire period of absence. However, service credits for the purpose of calculating future vacation entitlement will continue to accrue during such absence. Should an anniversary increment fall during such leave, the employee nurse shall not receive her anniversary increment upon her return to employment.
16.07 All accidents must be entitled reported immediately by the nurse to the Manager, Clinic Operations. The nurse will be provided with a leave of absence with pay under Article 44 (Short Term Sickness Plan) as an option following the expiry copy of the application report.
16.08 Nurses are required to provide the Manager, Clinic Operations, as far in advance as possible, with a written notice of readiness to return to work.
16.09 The Employer will indicate either by written certification or on the nurse's T-4 the amount of Workplace Safety and Insurance payment the nurse has assigned to the Employer in accordance with Article 41.216.03 a) above.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 38.01 Where an a full-time employee is absent by reason of an injury or an occupational disease for which from regularly scheduled work and has made a claim is made under the provisions of the Workplace Safety and Insurance Act, his he or her salary shall continue to she will be paid full salary for a period not exceeding the first thirty (30) working days pending a decision from the WSIB on entitlement and eligibility. At the expiry of the thirty (30) working days. If an award , if the claim is not madestill pending, any payments made under then all previous and continuing absences related to the foregoing provisions in excess of that injury will be reverted to which he or she is entitled under Articles 44.1 and 44.6 (the Short Term Sickness Plan) shall Plan provided the employee is able to satisfy the eligibility requirements and provisions of the STSP and the employee will owe the Employer the difference between any entitlement under that Plan and the monies paid. If the WSIB claim is denied on the basis of medical entitlement then all the monies paid out by the Employer will be an amount owing owed by the employee to the Employer.
41.2 Where . If the claim is denied on any other basis then the difference between the full salary paid and the Employee’s entitlement under the Short Term Sickness Plan will be an amount owed to the Employer. Monies owed may be recovered under a suitable repayment plan negotiated by the employee and the Employer and, failing agreement, the Employer may deduct up to twelve percent (12%) of the gross salary from the employee’s wages on each pay cheque until the full amount owing is repaid. Monies may also be recoverable by order of an Arbitrator enforced in the Courts. If the full-time employee has no Short Term Sickness Plan entitlement and the WSIB award is still pending after thirty (30) days, then the time will be unpaid unless the employee is absent by reason able to qualify for long term disability. Once a claim is approved the Employer will pay the full-time employee’s salary for the shorter of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding total of three (3) consecutive months in the case of a continuous absence or a total of sixty-five (65) working days where such for intermittent absences are intermittent, following which amount includes the date thirty (30) working days already paid. In accordance with section 25(a) and (b) of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her credits.
41.3 Where an award is made under the Workplace Safety and Insurance Act to an employee that is less than the regular salary of the employee and the award applies for longer than the period set out in Article 41.2 and the employee has accumulated credits, his or her regular salary may be paid and the difference between the regular salary paid after the period set out in Article 41.2 and the compensation awarded shall be converted to its equivalent time and deducted from his or her accumulated credits.
41.4 Where an employee receives an award under the Workplace Safety and Insurance Act, and the award applies for longer than the period set out where a full-time employee is in Article 41.2 (i.e. three (3) months)receipt of loss of earnings benefits, the Employer will continue subsidies agrees to maintain its premium payments for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which insured benefits. Where the employee is receiving has a required contribution to the award. The Employer shall continue to make the Employer’s pension contributions unless benefits the employee gives must make arrangements to contribute his or her portion or his or her participation will cease. This applies only in the Employer a written notice that the employee does not intend to pay the employee’s pension contributionsfirst year following injury.
41.5 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, the employee shall not be entitled to a leave of absence with pay under Article 44 (Short Term Sickness Plan) as an option following the expiry of the application of Article 41.2.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 Where an 24.01 It is agreed that when a C.E.I. member is injured during the performance of his/her duties and is unable to perform such duties and has applied for Workplace Safety and Insurance benefits, the employee is absent by reason will be placed on sick leave until such time as approval of an injury or an occupational disease for which a claim is made under the Workplace Safety and Insurance Actclaim is rendered, his or her salary shall continue up to be paid for a period not exceeding thirty (30) the amount of the employee’s accumulated sick days. If an award is not madeDuring this period, any payments made under provided the foregoing provisions in excess employee has sick leave days to his/her credit, the employee will be receiving the WSIB legislated amount of that to which he or she is entitled under Articles 44.1 eighty-five percent (85%). Upon Workplace Safety and 44.6 (Short Term Sickness Plan) Insurance Board approval, the employee’s sick leave reserve shall be an amount owing by the employee to the Employer.
41.2 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under adjusted in accordance with the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her credits.
41.3 Where an award is made under award. If the Workplace Safety and Insurance Act to an employee that claim is less than the regular salary of rejected, the employee and the award applies for longer than the period set out in Article 41.2 and will be placed on sick leave provided the employee has accumulated creditssick leave days to his/her credit, his or and his/her regular salary may will be paid adjusted accordingly retroactive to the first day of the absence.
(a) It is agreed that when an employee receives approval for a WSIB permanent disability loss of earnings benefit and is unable to work, the employee will receive an amount which, after all deductions have been made, is equal to what the employee would otherwise have received. The portion of a day deducted from the employee’s sick leave credit per day of absence will be equal to the ratio of the difference between the regular salary paid after the period set out in Article 41.2 WSIB permanent disability loss of earnings benefit and the compensation awarded shall be converted net salary compared to its equivalent time and deducted from his or her accumulated credits.
41.4 Where an employee receives an award under the Workplace Safety and Insurance Act, and the award applies for longer than the period set out in Article 41.2 (i.e. three (3) months), the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributionsgross salary.
41.5 Where an (b) Employees who receive payments under Article 21.02 (a) and who are drawing sick leave in accordance with Article 21.02 (a) will be entitled to the Board’s contribution to benefits.
24.03 It is understood and agreed that Article 21.02 will apply so long as the employee is absent by reason of an injury or an occupational disease for which an award is made under has sick leave credits. In the Workplace Safety and Insurance Actevent that the sick leave credits are exhausted, the employee shall not be entitled to a leave of absence with pay under Article 44 (Short Term Sickness Plan) as an option following will receive the expiry of the application of Article 41.2WSIB award.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 Where an employee is absent by reason of an injury or an occupational disease for which a claim is made under the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding thirty (30) days. If an award is not made, any payments made under the foregoing provisions in excess of that to which he or she is entitled under Articles 44.1 and 44.6 (Short Term Sickness Plan) shall be an amount owing by the employee to the Employer.
41.2 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her credits.
41.3 Where an award is made under the Workplace Safety and Insurance Act to an employee that is less than the regular salary of the employee and the award applies for longer than the period set out in Article 41.2 and the employee has accumulated credits, his or her regular salary may be paid and the difference between the regular salary paid after the period set out in Article 41.2 and the compensation awarded shall be converted to its equivalent time and deducted from his or her accumulated credits.
41.4 Where an employee receives an award under the Workplace Safety and Insurance Act, and the award applies for longer than the period set out in Article 41.2 (i.e. three (3) months), the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributions.
41.5 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, the employee shall not be entitled to a leave of absence with pay under Article 44 (Short Term Sickness Plan) as an option following the expiry of the application of Article 41.2.
41.6 Effective January 1, 2016, salary payments under Article 41.2 shall be reduced to the extent necessary to provide that an employee’s net earnings equals one hundred percent (100%) of his or her net earnings prior to the commencement of his or her absence.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 69.1 Where an employee is absent by reason of an injury or an occupational disease for which a claim is made under the Workplace Safety and Insurance Act, his or her salary weekly rate of pay shall continue to be paid for a period not exceeding thirty (30) regularly scheduled working days. If an award is not made, any payments made under the foregoing provisions in excess of that to which he or she is entitled under Articles 44.1 71.1 and 44.6 71.6 (Short Term Sickness Plan) shall be an amount owing by the employee to the Employer.
41.2 69.2 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, his or her salary weekly rate of pay shall continue to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) regularly scheduled working days days, where such absences are intermittent, following the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her credits.
41.3 69.3 Where an award is made under the Workplace Safety and Insurance Act to an employee that is less than the regular salary weekly rate of pay of the employee and the award applies for longer than the period set out in Article 41.2 69.2 and the employee has accumulated credits, his or her regular salary weekly rate of pay may be paid and the difference between the regular salary weekly rate of pay paid after the period set out in Article 41.2 69.2 and the compensation awarded shall be converted to its equivalent time and deducted from his or her accumulated credits.
41.4 69.4 Where an employee receives an award under the Workplace Safety and Insurance Act, and the award applies for longer than the period set out in Article 41.2 69.2 (i.e. three (3) months), the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributions.
41.5 69.5 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, the employee shall not be entitled to a leave of absence with pay under Article 44 71 (Short Term Sickness Plan) as an option following the expiry of the application of Article 41.269.2.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 (a) Where an a full-time employee is absent by reason of an injury or an occupational disease for which from regularly scheduled work and has made a claim is made under the provisions of the Workplace Safety and Insurance Act, his or her salary shall continue to he will be paid full salary for a period not exceeding the first thirty (30) working days pending a decision from the WSIB on entitlement and eligibility. At the expiry of the thirty (30) working days. If an award , if the claim is not madestill pending, any payments made under then all previous and continuing absences related to the foregoing provisions in excess of that injury will be reverted to which he or she is entitled under Articles 44.1 and 44.6 (the Short Term Sickness Plan) shall Plan and the employee will owe the employer the difference between any entitlement under that Plan and the monies paid. If the WSIB claim is denied on the basis of medical entitlement then all the monies paid out by the Employer will be an amount owing owed by the employee to the Employer.
41.2 Where . If the claim is denied on any other basis then the difference between the full salary paid and the Employee’s entitlement under the Short Term Sickness Plan will be an amount owed to the Employer. Monies owed may be recovered under a suitable repayment plan negotiated by the employee and the Employer and, failing agreement, the Employer may deduct up to twelve percent (12%) of the gross salary from the employee’s wages on each pay cheque until the full amount owing is absent repaid. Monies may also be recoverable by reason order of an injury or an occupational disease for which an Arbitrator enforced in the Courts. If the full-time Employee has no Short Term Sickness Plan entitlement and the WSIB award is made under still pending after thirty (30) days, then the time will be unpaid. Once a claim is approved, the Employer will pay salary for the shorter of a total of three (3) months in the case of a continuous absence or sixty- five (65) working days for intermittent absences which amount includes the thirty (30) working days already paid. • In accordance with section 25(a) and (b) of the Workplace Safety and Insurance Act, his or her salary shall continue where a full-time employee is in receipt of loss of earnings benefits, the Employer agrees to be paid maintain its premium payments for a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her credits.
41.3 insured benefits. Where an award is made under the Workplace Safety and Insurance Act to an employee that is less than the regular salary of the employee and the award applies for longer than the period set out in Article 41.2 and the employee has accumulated credits, his or her regular salary may be paid and a required contribution to the difference between the regular salary paid after the period set out in Article 41.2 and the compensation awarded shall be converted to its equivalent time and deducted from his or her accumulated credits.
41.4 Where an employee receives an award under the Workplace Safety and Insurance Act, and the award applies for longer than the period set out in Article 41.2 (i.e. three (3) months), the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which benefits the employee is receiving must make arrangements to contribute his portion or his participation will cease. This applies only in the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributions.
41.5 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, the employee shall not be entitled to a leave of absence with pay under Article 44 (Short Term Sickness Plan) as an option first year following the expiry of the application of Article 41.2.injury
Appears in 1 contract
Samples: Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 Where an employee is absent by reason of an injury or an occupational disease for which a claim is made under the Workplace Safety and Insurance Act, his or her their salary shall continue to be paid for a period not exceeding thirty (30) days. If an award is not made, any payments made under the foregoing provisions in excess of that to which he or she the employee is entitled under Articles Articles
44.1 and 44.6 (Short Term Sickness Plan) shall be an amount owing by the employee to the Employer.
41.2 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, his or her their salary shall continue to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her their credits.
41.3 Where an award is made under the Workplace Safety and Insurance Act to an employee that is less than the regular salary of the employee and the award applies for longer than the period set out in Article 41.2 and the employee has accumulated credits, his or her their regular salary may be paid and the difference between the regular salary paid after the period set out in Article 41.2 and the compensation awarded shall be converted to its equivalent time and deducted from his or her their accumulated credits.
41.4 Where an employee receives an award under the Workplace Safety and Insurance Act, and the award applies for longer than the period set out in Article 41.2 (i.e. three (3) months), the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributions.
41.5 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, the employee shall not be entitled to a leave of absence with pay under Article 44 (Short Term Sickness Plan) as an option following the expiry of the application of Article 41.2.
41.6 Effective January 1, 2016, salary payments under Article 41.2 shall be reduced to the extent necessary to provide that an employee’s net earnings equals one hundred percent (100%) of their net earnings prior to the commencement of their absence.
Appears in 1 contract
Samples: Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 Where an 31.01 It is agreed that when a CUPE member is injured during the performance of his/her duties and is unable to perform such duties and has applied for Workplace Safety and Insurance benefits, the employee is absent by reason will be placed on sick leave until such time as approval of an injury or an occupational disease for which a claim is made under the Workplace Safety and Insurance Actclaim is rendered. During this period, his or the employee will be receiving the WSIB legislated amount of eighty-five per cent (85%) plus an additional fifteen per cent (15%) granted by the Board to equal one hundred percent (100%) of the net pay, provided the employee has sick leave days to his/her salary shall continue to be paid for a period not exceeding thirty (30) dayscredit. If an award is not madeUpon Workplace Safety and Insurance Board approval, any payments made under the foregoing provisions in excess of that to which he or she is entitled under Articles 44.1 and 44.6 (Short Term Sickness Plan) employee's sick leave reserve shall be an amount owing by the employee to the Employer.
41.2 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under adjusted in accordance with the Workplace Safety and Insurance Act, his or her salary shall award and the employee will continue to be paid for a period not exceeding three receive payments in accordance with that award plus the additional fifteen per cent (315%) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following granted by the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her credits.
41.3 Where an award is made under Board. If the Workplace Safety and Insurance Act to an employee that claim is less than the regular salary of rejected, the employee and the award applies for longer than the period set out in Article 41.2 and will be placed on sick leave provided the employee has accumulated creditssick leave days to his/her credit, his or and his/her regular salary will be adjusted accordingly retroactive to the first day of the absence. Should the employee not have sufficient sick leave credits the employee may be paid granted an advance of sick leave credits up to thirty (30) days in accordance with the Cumulative Sick Leave Plan.
(a) It is agreed that when an employee receives approval for a WSIB permanent disability loss of earnings benefit and is unable to work, the employee will receive an amount which, after all deductions have been made, is equal to what the employee would otherwise have received. The portion of a day deducted from the employees' sick leave credit per day of absence will be equal to the ratio of the difference between the regular salary paid after the period set out in Article 41.2 WSIB permanent disability loss of earnings benefit and the compensation awarded shall be converted net salary compared to its equivalent time and deducted from his or her accumulated creditsthe employee's gross salary.
41.4 Where an employee receives an award (b) Employees who receive payments under Subsection 31.02 (a) and who are drawing sick leave in accordance with Subsection 31.02 (a) will be entitled to the Workplace Safety Board's contribution to benefits.
31.03 It is understood and Insurance Act, and the award applies for longer than the period set out in Article 41.2 (i.e. three (3) months), the Employer agreed that Section 31.02 will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which apply so long as the employee is receiving has sick leave credits. In the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice event that the employee does not intend to pay the employee’s pension contributions.
41.5 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Actsick leave credits are exhausted, the employee shall not be entitled to a leave of absence with pay under Article 44 (Short Term Sickness Plan) as an option following will receive the expiry of the application of Article 41.2WSIB award.
Appears in 1 contract
Samples: Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 63.1 Where an employee is absent by reason of an injury or an occupational industrial disease for which a claim is made under the The Workplace Safety and Insurance Act, his or his/her salary shall continue to be paid for a period not exceeding thirty (30) days. If an award is not made, any payments made under the foregoing provisions in excess of that to which he or she the employee is entitled under Articles 44.1 Clauses 61.1 and 44.6 61.6 of Article 61 (Short Term Sickness Plan) shall be an amount owing by the employee to the Employer.
41.2 63.2 Where an employee is absent by reason of an injury or an occupational industrial disease for which an award is made under the The Workplace Safety and Insurance Act, his or his/her salary shall continue to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date of the first absence because of the injury or occupational industrial disease, and any absence in respect of the injury or occupational industrial disease shall not be charged against his or his/her credits.
41.3 63.3 Where an award is made under the The Workplace Safety and Insurance Act to an employee that is less than the regular salary of the employee and the award applies for longer than the period set out in Article 41.2 Clause 63.2 and the employee has accumulated credits, his or his/her regular salary may be paid and the difference between the regular salary paid after the period set out in Article 41.2 Clause 63.2 and the compensation awarded shall be converted to its equivalent time and deducted from his or her the employee's accumulated credits.
41.4 63.4 Where an employee receives an award under the The Workplace Safety and Insurance Act, and the award applies for longer than the period set out in Article 41.2 Clause 63.2 (i.e. i.e., three (3) months), the Employer will continue subsidies for Basic Life, Long Term Income ProtectionL.T.I.P., Employer Health Tax, Supplementary Health and Hospital and the Dental Plans Plan for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributions.
41.5 63.5 Where an employee is absent by reason of an injury or an occupational industrial disease for which an award is made under the The Workplace Safety and Insurance Act, the employee shall not be entitled to a leave of leave-of-absence with pay under Article 44 61 (Short Term Sickness Plan) as an option following the expiry of the application of Article 41.2Clause 63.2.
Appears in 1 contract
Samples: Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 Where an employee is absent by reason of an injury or an occupational industrial disease for which a claim is made under the The Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding thirty (30) days. If an award is not made, any payments made under the foregoing provisions in excess of that to which he or she the employee is entitled under Articles 44.1 Clauses and 44.6 of Article (Short Term Sickness Plan) shall be an amount owing by the employee to the Employer.
41.2 . Where an employee is absent by reason of an injury or an occupational industrial disease for which an award is made under the The Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date of the first absence because of the injury or occupational industrial disease, and any absence in respect of the injury or occupational industrial disease shall not be charged against his or her credits.
41.3 . Where an award is made under the The Workplace Safety and Insurance Act to an employee that is less than the regular salary of the employee and the award applies for longer than the period set out in Article 41.2 Clause and the employee has accumulated credits, his or her regular salary may be paid and the difference between the regular salary paid after the period set out in Article 41.2 Clause and the compensation awarded shall be converted to its equivalent time and deducted from his or her the employee's accumulated credits.
41.4 . Where an employee receives an award under the The Workplace Safety and Insurance Act, and the award applies for longer than the period set out in Article 41.2 Clause (i.e. i.e., three (3) months), the Employer will continue subsidies for Basic Life, Long Term Income ProtectionEmployer Health Tax, Supplementary Health and Hospital and the Dental Plans Plan for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributions.
41.5 Where an employee is absent by reason of an injury or an occupational industrial disease for which an award is made under the The Workplace Safety and Insurance Act, the employee shall not be entitled to a leave of absence with pay under Article 44 (Short Term Sickness Plan) as an option following the expiry of the application of Article 41.2.Clause
Appears in 1 contract
Samples: Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 Where an 7.1 Every employee who is absent by reason from duty as a result of an personal illness or injury or an occupational disease for which a claim is made under arising from his employment within the meaning of the Workplace Safety and Insurance Act and the predecessor Worker's Compensation Act, his or her salary will be provided with medical care and treatment as provided in the Act and shall continue to be paid for a period not exceeding thirty (30comply with Section 6.2.1.(e) days. If an award is not made, any payments made under the foregoing provisions in excess of that to which he or she is entitled under Articles 44.1 and 44.6 (Short Term Sickness Plan) shall be an amount owing by the employee to the Employerthis Agreement.
41.2 Where an 7.2 Every employee who is absent by reason from duty as a result of an personal illness or injury or an occupational disease for which an award is made under arising out of and in the course of his employment (within the meaning of the Workplace Safety and Insurance Act and the predecessor Worker's Compensation Act) and, his or her salary who has not completed the probationary period as provided for in this Agreement, shall continue receive compensation from the Employer to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her credits.
41.3 Where an award is made level provided under the Workplace Safety and Insurance Act and the predecessor Worker's Compensation Act effective from the date of disability. Where a claim has been disallowed by the Workplace Safety and Insurance Board and the predecessor Worker's Compensation Board all payments made by the Employer will be recovered from the employee's Income Protection Plan. In the event a probationary employee is not entitled to an benefits under the Income Protection Plan or the probationary employee that is less than has insufficient coverage under the regular salary Income Protection Plan, the Employer shall recover any resulting over-payments from future earnings paid to the employee.
7.3 In addition, every employee who has completed the probationary period, and who suffers a personal injury arising out of and in the course of employment (within the meaning of the employee Workplace Safety and Insurance Act and the award applies for longer than the period set out in Article 41.2 and the employee has accumulated credits, his or her regular salary may be paid and the difference between the regular salary paid after the period set out in Article 41.2 and the compensation awarded predecessor Worker's Compensation Act) shall be converted entitled to its equivalent time and deducted from his the following:
(a) Payment of salary or her accumulated credits.
41.4 Where an employee receives an award earnings by the Employer to the maximum allowable under the Workplace Safety and Insurance Act, Act and the award applies predecessor Worker's Compensation Act and the Employer will also pay to the employee, where applicable, the difference between the maximum allowable under the Act and the actual amount equal to 75% of the employee's salary or regular wage.
(b) In addition, the Employer will pay on behalf of the employee, the total payment or premium for longer than the period set out following plans:
(i) pension;
(ii) medical plans as specified in Article 41.2 the Agreement;
(i.e. iii) life insurance;
(iv) long term disability;
(v) dental insurance. provided that in any calendar month the employee is absent 5 or more working days.
(c) When the employee returns to full and regular duties, the employee shall be returned to a position equal to the one which was held prior to the compensable injury and the benefits specified in (a) and (b) above shall cease. When the employee is able to return to modified duties, the benefits specified in (a) and (b) above shall cease.
7.4 Should any employee be off work in excess of three (3) months), consecutive months without any regular
7.5 In the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice event that the employee does not intend to pay the employee’s pension contributions.
41.5 Where an employee is absent able to return to light or modified duties as determined by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance ActBoard of Ontario and the predecessor Worker's Compensation Board of Ontario, the Employer shall attempt to provide such work and the employee shall continue to receive the hourly rate of pay or bi-weekly salary the employee was receiving prior to the date of the accident.
7.6 Any employee who returns to modified or light duties shall be assessed on an on-going basis by the Workplace Safety and Insurance Board of Ontario and the predecessor Worker's Compensation Board of Ontario. In the event such assessments determine that the employee is able to return to full and regular duties, 7.3 (c) above shall apply. In the event the employee's condition is assessed as deteriorating, the Employer shall provide rehabilitation as recommended by the Workplace Safety and Insurance Board of Ontario and the predecessor Worker's Compensation Board of Ontario for employment with the Employer or other employers. In this case, the Employer will make a reasonable effort to offer the employee on-going alternate employment. In any case, when the employee returns to light or modified duties, the Employer shall be guided by the assessment of the Workplace Safety and Insurance Board of Ontario and the predecessor Worker's Compensation Board of Ontario.
7.7 The Union recognizes that reassignment of a permanently partially disabled employee to alternate employment, may necessitate a change of classification and pay.
7.8 It is recognized that where the employee has been reassigned or offered, and accepts alternate employment with the Employer, the employee shall not be entitled to a leave any lump sum payment or permanent award payable as determined by the Workplace Safety and Insurance Board of absence with pay under Article 44 (Short Term Sickness Plan) Ontario and the predecessor Worker's Compensation Board of Ontario, and such payments will not reduce the wage or salary the employee will be receiving.
7.9 No employee shall have his employment terminated until, all benefits, which are standing to the employee's credit at the time the assessment is made, are paid to the employee.
7.10 In the event that Workplace Safety and Insurance and the predecessor Worker's Compensation should become taxed as an option following normal income, the expiry Employer and the Union agree that the employee receiving Workplace Safety and Insurance and the predecessor Worker's Compensation shall not receive less than his normal salary or wage. The details of such rearrangement shall be negotiated between the application Union and the Employer at the time of Article 41.2such change in the legislation.
Appears in 1 contract
Samples: Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 17.01 Where an employee is absent due to illness or injury that is compensable by reason of an injury or an occupational disease for which a claim is made under the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding thirty (30) days. If an award is not made, any payments made under the foregoing provisions in excess of that to which he or she is entitled under Articles 44.1 and 44.6 (Short Term Sickness Plan) shall be an amount owing by the employee to the Employer.
41.2 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her credits.
41.3 Where an award is made under the Workplace Safety and Insurance Act to an employee that is less than the regular salary of the employee and the award applies for longer than the period set out in Article 41.2 and the employee has accumulated credits, his or her regular salary may be paid and the difference between the regular salary paid after the period set out in Article 41.2 and the compensation awarded shall be converted to its equivalent time and deducted from his or her accumulated credits.
41.4 Where an employee receives an award under the Workplace Safety and Insurance Act, and the award applies for longer than the period set out in Article 41.2 (i.e. three (3) months)Insurance, the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. following shall apply:
a) The Employer shall continue to make pay all health and welfare benefits for a period of one (1) year from the Employer’s pension contributions unless date of injury.
b) Subsequent to the period referred to in (a) above, benefit coverage may be continued by the employee, providing the employee gives pays the total cost of the premiums to the Employer a written notice that for each monthly period during the employee does not intend absence, before the fifteenth (15th) day of the month prior to pay the employee’s pension contributionsmonth for which coverage is required. Failure to provide such payment by the time specified shall result in the cessation of such coverage.
41.5 Where an c) An employee is absent will not be eligible for paid holidays, sick leave, or any other benefits mentioned in this Agreement during any absence covered by reason of an injury or an occupational disease for Workplace Safety and Insurance, except where specified otherwise. An employee's absence during which an award is made under the she receives Workplace Safety and Insurance Actbenefits shall be considered as time worked only for the purpose of calculating vacation entitlement, provided the employee returns to work within fifty- two (52) weeks after the injury or illness occurred.
d) If the anticipated length of an absence due to a compensable accident is two (2) months or more, the Employer will post notice of the vacancy in accordance with the job-posting procedure in this Agreement. An injured employee shall have a period of two (2) years within which she shall retain seniority; within these two (2) years she shall have the right to return to work, but only if she provides a statement from her doctor indicating to the Employer that she has the physical capacity to fully perform her normal function.
e) If an employee returns to work within a two (2) year period, she shall regain her former position or its equivalent without loss of seniority or benefits accrued to the date of injury. In such a case, the returning employee will displace the employee with the least seniority in the category to which the former is returning.
f) If, in the opinion of a relevant medical specialist(s), the employee shall not be entitled who returns to work within a leave two (2) year period is capable only of absence performing work of a different kind or of a lighter nature and such work is available in a classification mentioned in this Agreement, the employee may, if she is suitable and capable, exercise her seniority and displace another employee with pay under Article 44 (Short Term Sickness Plan) as an option following less seniority in the expiry of the application of Article 41.2classification.
Appears in 1 contract
Samples: Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 69.1 Where an employee is absent by reason of an injury or an occupational disease for which a claim is made under the Workplace Safety and Insurance Act, his or her salary weekly rate of pay shall continue to be paid for a period not exceeding thirty (30) regularly scheduled working days. If an award is not made, any payments made under the foregoing provisions in excess of that to which he or she is entitled under Articles 44.1 71.1 and 44.6 71.6 (Short Term Sickness Plan) shall be an amount owing by the employee to the Employer.
41.2 69.2 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) regularly scheduled working days days, where such absences are intermittent, following the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her credits.injury
41.3 69.3 Where an award is made under the Workplace Safety and Insurance Act to an employee that is less than the regular salary weekly rate of pay of the employee and the award applies for longer than the period set out in Article 41.2 69.2 and the employee has accumulated credits, his or her regular salary weekly rate of pay may be paid and the difference between the regular salary weekly rate of pay paid after the period set out in Article 41.2 69.2 and the compensation awarded shall be converted to its equivalent time and deducted from his or her accumulated credits.
41.4 69.4 Where an employee receives an award under the Workplace Safety and Insurance Act, and the award applies for longer than the period set out in Article 41.2 69.2 (i.e. three (3) months), the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s Employer‟s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s employee‟s pension contributions.
41.5 69.5 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, the employee shall not be entitled to a leave of absence with pay under Article 44 71 (Short Term Sickness Plan) as an option following the expiry of the application of Article 41.269.2.
Appears in 1 contract
Samples: Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 Where (a) When an employee is absent by reason injured during the performance of an injury or an occupational disease his/her duties and is unable to perform such duties and receives approval for which a claim is made under the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding thirty (30) days. If an award is not made, any payments made under the foregoing provisions in excess loss of that to which he or she is entitled under Articles 44.1 and 44.6 (Short Term Sickness Plan) shall be an amount owing by the employee to the Employer.
41.2 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her credits.
41.3 Where an award is made under the Workplace Safety and Insurance Act to an employee that is less than the regular salary of the employee and the award applies for longer than the period set out in Article 41.2 and the employee has accumulated credits, his or her regular salary may be paid and the difference between the regular salary paid after the period set out in Article 41.2 and the compensation awarded shall be converted to its equivalent time and deducted from his or her accumulated credits.
41.4 Where an employee receives an award under the Workplace Safety and Insurance Act, and the award applies for longer than the period set out in Article 41.2 (i.e. three (3) months), the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributions.
41.5 Where an employee is absent by reason of an injury or an occupational disease for which an award is made earnings benefits under the Workplace Safety and Insurance Act, the employee will receive from the employer an amount which, after all deductions have been made, is equal to what the employee would otherwise have received. A deduction from the employee’s sick leave credits will be made at a rate equal to the top-up as long as the employee has sick leave credits available. Such deduction shall not exceed .25 sick leave credits for each day of top-up.
(b) Upon Workplace Safety and Insurance Board approval, the employee’s sick leave reserve shall be adjusted in accordance with the Workplace Safety and Insurance award and the employee will continue to receive payments in accordance with that award plus the additional fifteen per cent (15%) granted by the Board.
(c) Should the employee not have sufficient sick leave credits the employee may be granted an advance of sick leave credits up to thirty (30) days in accordance with the Cumulative Sick Leave Plan Article
(d) If the claim is pending approval, denied or approved by the Workplace Safety and Insurance Board and the employee does not have enough sick leave credits to cover the absence and/or top-up then the employee will be removed from payroll. If necessary, any adjustment in salary will be in accordance with Article 13.05.
(a) It is agreed that when an employee receives approval for a WSIB permanent disability loss of earnings benefit and is unable to work, the employee will receive an amount which, after all deductions have been made, is equal to what the employee would have received.
(b) Employees who receive payments under Article 21.01 or 21.02 (a) will be entitled to a the Board's contribution to benefits.
21.03 It is understood and agreed that Article 21.02 will apply so long as the employee has sick leave of absence with pay under Article 44 (Short Term Sickness Plan) as an option following credits. In the expiry of event that the application of Article 41.2sick leave credits are exhausted, the employee will receive the WSIB award.
Appears in 1 contract
Samples: Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 (a) Where an a full-time employee is absent by reason of an injury or an occupational disease for which from regularly scheduled work and has made a claim is made under the provisions of the Workplace Safety and Insurance Act, his or her salary shall continue to he will be paid full salary for a period not exceeding the first thirty (30) working days pending a decision from the WSIB on entitlement and eligibility. At the expiry of the thirty (30) working days. If an award , if the claim is not madestill pending, any payments made under then all previous and continuing absences related to the foregoing provisions in excess of that injury will be reverted to which he or she is entitled under Articles 44.1 and 44.6 (the Short Term Sickness Plan) shall Plan and the employee will owe the employer the difference between any entitlement under that Plan and the monies paid. If the WSIB claim is denied on the basis of medical entitlement then all the monies paid out by the Employer will be an amount owing owed by the employee to the Employer.
41.2 Where . If the claim is denied on any other basis then the difference between the full salary paid and the Employee’s entitlement under the Short Term Sickness Plan will be an amount owed to the Employer. Monies owed may be recovered under a suitable repayment plan negotiated by the employee and the Employer and, failing agreement, the Employer may deduct up to twelve percent (12%) of the gross salary from the employee’s wages on each pay cheque until the full amount owing is absent repaid. Monies may also be recoverable by reason order of an injury or an occupational disease for which an Arbitrator enforced in the Courts. If the full-time employee has no Short Term Sickness Plan entitlement and the WSIB award is made under still pending after thirty (30) days, then the Workplace Safety and Insurance Act, his or her time will be unpaid. Once a claim is approved the Employer will pay salary shall continue to be paid for the shorter of a period not exceeding total of three (3) consecutive months in the case of a continuous absence or a total of sixty-five (65) working days where such for intermittent absences are intermittent, following which amount includes the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her creditsthirty (30) working days already paid.
41.3 Where an award is made under the Workplace Safety (b) In accordance with section 25 (a) and Insurance Act to an employee that is less than the regular salary (b) of the employee and the award applies for longer than the period set out in Article 41.2 and the employee has accumulated credits, his or her regular salary may be paid and the difference between the regular salary paid after the period set out in Article 41.2 and the compensation awarded shall be converted to its equivalent time and deducted from his or her accumulated credits.
41.4 Where an employee receives an award under the Workplace Safety and Insurance Act, and the award applies for longer than the period set out where a full-time employee is in Article 41.2 (i.e. three (3) months)receipt of loss of earnings benefits, the Employer will continue subsidies agrees to maintain its premium payments for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which insured benefits. Where the employee is receiving has a required contribution to the award. The Employer shall continue to make the Employer’s pension contributions unless benefits the employee gives must make arrangements to contribute his portion or his participation will cease. This applies only in the Employer a written notice that the employee does not intend to pay the employee’s pension contributionsfirst year following injury.
41.5 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, the employee shall not be entitled to a leave of absence with pay under Article 44 (Short Term Sickness Plan) as an option following the expiry of the application of Article 41.2.
Appears in 1 contract
Samples: Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 Where an employee 16.01 All nurses included in this Agreement shall continue to be covered by the provisions of the Ontario Workplace Safety and Insurance Act.
16.02 The Employer and the Union agree that they mutually desire to maintain standards of safety and health in order to prevent accidents, injury and illness.
(a) A nurse who is absent by reason incapacitated and unable to work as a result of an injury or an occupational disease for which a claim is made under accident sustained while on duty in the service of the Employer within the meaning of the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding thirty (30) days. If an award is not madereceive her regular salary from the Employer, any payments made under the foregoing provisions in excess of that to which he or less regular deductions, provided she is entitled under Articles 44.1 and 44.6 (Short Term Sickness Plan) shall be an amount owing by the employee assigns over to the Employer.
41.2 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under Employer her compensation-payments due from the Workplace Safety and Insurance Act, his or her salary shall continue to be paid Board for the time lost as a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date result of the first absence because accident.
(b) A nurse who elects not to assign her Workplace Safety and Insurance payments to the Employer may make prior arrangements for the prepayment of the injury or occupational disease, and full premium of any absence in respect of the injury or occupational disease shall not be charged against his or her creditscontributory health benefit plans.
41.3 Where an award is made under 16.04 Should the nurse's claim be disallowed by the Workplace Safety and Insurance Act to an employee that is less than Board, then any monies paid by the regular salary of Employer shall be either charged against the employee and the award applies for longer than the period set out in Article 41.2 and the employee has nurse's accumulated sick leave credits, his or if the nurse has no sick leave credits, the amount so paid shall be recovered from the nurse.
(a) When a nurse is absent on a Workplace Safety and Insurance claim, all provisions of this Agreement will continue to apply, except as stated under Article 16.06 below, until the nurse is declared permanently unfit to perform her regular salary may be paid duties.
(b) An employee who has been on staff for more than one year, and is declared unfit to perform the difference between the essential duties of her regular salary paid job shall lose her seniority and employment one year after the period set out in Article 41.2 and the compensation awarded shall be converted to its equivalent time and deducted Notice of Fitness of Essential Duties from his or her accumulated credits.
41.4 Where an employee receives an award under the Workplace Safety and Insurance ActBoard has been received, and all attempts to accommodate the award applies for longer than nurse or to provide alternate work have failed. Seniority and employment shall be lost on the period set out date as of which a nurse is certified fit to return to work and she fails to do so or in Article 41.2 (i.e. three (3) months), case of a term employee upon the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributionsexpiration of such term.
41.5 Where an employee (c) A nurse who has been on staff for less than one year may be terminated on the date she is declared unfit to perform the essential duties of her regular job.
16.06 A nurse who is absent by reason of an injury or an occupational disease for which an award is made under the on a Workplace Safety and Insurance Actclaim will not accrue annual vacation and designated named holidays with pay during the entire period of absence. However, service credits for the purpose of calculating future vacation entitlement will continue to accrue during such absence. Should an anniversary increment fall during such leave, the employee nurse shall not receive her anniversary increment upon her return to employment.
16.07 All accidents must be entitled reported immediately by the nurse to the Manager, Clinic Operations. The nurse will be provided with a leave of absence with pay under Article 44 (Short Term Sickness Plan) as an option following the expiry copy of the application report.
16.08 Nurses are required to provide the Manager, Clinic Operations, as far in advance as possible, with a written notice of readiness to return to work.
16.09 The Employer will indicate either by written certification or on the nurse's T-4 the amount of Workplace Safety and Insurance payment the nurse has assigned to the Employer in accordance with Article 41.216.03 a) above.
Appears in 1 contract
Samples: Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 Where an 7.1 Every employee who is absent by reason from duty as a result of an personal illness or injury or an occupational disease for which a claim is made under arising from his employment within the meaning of the Workplace Safety and Insurance Act and the predecessor Worker's Compensation Act, his or her salary will be provided with medical care and treatment as provided in the Act and shall continue to be paid for a period not exceeding thirty (30comply with Section 6.2.1.(e) days. If an award is not made, any payments made under the foregoing provisions in excess of that to which he or she is entitled under Articles 44.1 and 44.6 (Short Term Sickness Plan) shall be an amount owing by the employee to the Employerthis Agreement.
41.2 Where an 7.2 Every employee who is absent by reason from duty as a result of an personal illness or injury or an occupational disease for which an award is made under arising out of and in the course of his employment (within the meaning of the Workplace Safety and Insurance Act and the predecessor Worker's Compensation Act) and, his or her salary who has not completed the probationary period as provided for in this Agreement, shall continue receive compensation from the Employer to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her credits.
41.3 Where an award is made level provided under the Workplace Safety and Insurance Act and the predecessor Worker's Compensation Act effective from the date of disability. Where a claim has been disallowed by the Workplace Safety and Insurance Board and the predecessor Worker's Compensation Board all payments made by the Employer will be recovered from the employee's Income Protection Plan. In the event a probationary employee is not entitled to an benefits under the Income Protection Plan or the probationary employee that is less than has insufficient coverage under the regular salary Income Protection Plan, the Employer shall recover any resulting over-payments from future earnings paid to the employee.
7.3 In addition, every employee who has completed the probationary period, and who suffers a personal injury arising out of and in the course of employment (within the meaning of the employee Workplace Safety and Insurance Act and the award applies for longer than the period set out in Article 41.2 and the employee has accumulated credits, his or her regular salary may be paid and the difference between the regular salary paid after the period set out in Article 41.2 and the compensation awarded predecessor Worker's Compensation Act) shall be converted entitled to its equivalent time and deducted from his the following:
(a) Payment of salary or her accumulated credits.
41.4 Where an employee receives an award earnings by the Employer to the maximum allowable under the Workplace Safety and Insurance Act, Act and the award applies predecessor Worker's Compensation Act and the Employer will also pay to the employee, where applicable, the difference between the maximum allowable under the Act and the actual amount equal to 75% of the employee's salary or regular wage.
(b) In addition, the Employer will pay on behalf of the employee, the total payment or premium for longer than the period set out following plans:
(i) pension;
(ii) medical plans as specified in Article 41.2 the Agreement;
(i.e. iii) life insurance;
(iv) long term disability;
(v) dental insurance. provided that in any calendar month the employee is absent 5 or more working days.
(c) When the employee returns to full and regular duties, the employee shall be returned to a position equal to the one which was held prior to the compensable injury and the benefits specified in (a) and (b) above shall cease. When the employee is able to return to modified duties, the benefits specified in (a) and (b) above shall cease.
7.4 Should any employee be off work in excess of three (3) months)consecutive months without any regular pay for work done, the Employer will continue subsidies employee shall not accumulate leave credits for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the this period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributionsof time.
41.5 Where 7.5 In the event that an employee is absent able to return to light or modified duties as determined by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance ActBoard of Ontario and the predecessor Worker's Compensation Board of Ontario, the Employer shall attempt to provide such work and the employee shall continue to receive the hourly rate of pay or bi-weekly salary the employee was receiving prior to the date of the accident.
7.6 Any employee who returns to modified or light duties shall be assessed on an on-going basis by the Workplace Safety and Insurance Board of Ontario and the predecessor Worker's Compensation Board of Ontario. In the event such assessments determine that the employee is able to return to full and regular duties, 7.3 (c) above shall apply. In the event the employee's condition is assessed as deteriorating, the Employer shall provide rehabilitation as recommended by the Workplace Safety and Insurance Board of Ontario and the predecessor Worker's Compensation Board of Ontario for employment with the Employer or other employers. In this case, the Employer will make a reasonable effort to offer the employee on-going alternate employment. In any case, when the employee returns to light or modified duties, the Employer shall be guided by the assessment of the Workplace Safety and Insurance Board of Ontario and the predecessor Worker's Compensation Board of Ontario.
7.7 The Union recognizes that reassignment of a permanently partially disabled employee to alternate employment, may necessitate a change of classification and pay.
7.8 It is recognized that where the employee has been reassigned or offered, and accepts alternate employment with the Employer, the employee shall not be entitled to a leave any lump sum payment or permanent award payable as determined by the Workplace Safety and Insurance Board of absence with pay under Article 44 (Short Term Sickness Plan) Ontario and the predecessor Worker's Compensation Board of Ontario, and such payments will not reduce the wage or salary the employee will be receiving.
7.9 No employee shall have his employment terminated until, all benefits, which are standing to the employee's credit at the time the assessment is made, are paid to the employee.
7.10 In the event that Workplace Safety and Insurance and the predecessor Worker's Compensation should become taxed as an option following normal income, the expiry Employer and the Union agree that the employee receiving Workplace Safety and Insurance and the predecessor Worker's Compensation shall not receive less than his normal salary or wage. The details of such rearrangement shall be negotiated between the application Union and the Employer at the time of Article 41.2such change in the legislation.
Appears in 1 contract
Samples: Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 15.01 Where an employee is absent by reason of an injury or an occupational disease for which a claim is made under the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding thirty (30) days. If an award is not made, any payments made under the foregoing provisions in excess of that to which he or she the employee is entitled under Articles 44.1 12.01 and 44.6 12.08 (Short Term Sickness Plan) shall be an amount owing by the employee to the Employer.
41.2 15.02 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her the employee’s credits.
41.3 15.03 Where an award is made to an employee under the Workplace Safety and Insurance Act to an employee that is less than the employee’s regular salary of the employee and the award applies for longer than the period set out in Article 41.2 15.02 and the employee has accumulated credits, his or her the employee’s regular salary may be paid and the difference between the employee’s regular salary paid after the period set out in Article 41.2 15.02 and the compensation awarded award shall be converted to its equivalent time and deducted from his or her the employee’s accumulated credits.
41.4 15.04 Where an employee receives an award under the Workplace Safety and Insurance Act, and the award applies for longer than the period set out in Article 41.2 (i.e. three (3) months), the Employer will continue subsidies to pay the premiums otherwise payable by the Employer for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributions.
41.5 15.05 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, the employee shall not be entitled to a leave of absence with pay under Article 44 12 (Short Term Sickness Plan) as an option following the expiry of the application of Article 41.2.15.02
Appears in 1 contract
Samples: Civilian Memorandum of Understanding
WORKPLACE SAFETY AND INSURANCE. 41.1 Where an employee is absent by reason of an injury or an occupational disease for which a claim is made under the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding thirty (30) days. If an award is not made, any payments made under the foregoing provisions in excess of that to which he or she is entitled under Articles 44.1 and 44.6 (Short Term Sickness Plan) shall be an amount owing by the employee to the Employer.
41.2 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her credits.
41.3 Where an award is made under the Workplace Safety and Insurance Act to an employee that is less than the regular salary of the employee and the award applies for longer than the period set out in Article 41.2 and the employee has accumulated credits, his or her regular salary may be paid and the difference between the regular salary paid after the period set out in Article 41.2 and the compensation awarded shall be converted to its equivalent time and deducted from his or her accumulated credits.
41.4 Where an employee receives an award under the Workplace Safety and Insurance Act, and the award applies for longer than the period set out in Article 41.2 (i.e. three (3) months), the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s Employer‟s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s employee‟s pension contributions.
41.5 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, the employee shall not be entitled to a leave of absence with pay under Article 44 (Short Term Sickness Plan) as an option following the expiry of the application of Article 41.2.
Appears in 1 contract
Samples: Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 (a) Where an a full-time employee is absent by reason of an injury or an occupational disease for which from regularly scheduled work and has made a claim is made under the provisions of the Workplace Safety and Insurance Act, his or her salary shall continue to he will be paid full salary for a period not exceeding the first thirty (30) working days pending a decision from the WSIB on entitlement and eligibility. At the expiry of the thirty (30) working days. If an award , if the claim is not madestill pending, any payments made under then all previous and continuing absences related to the foregoing provisions in excess of that injury will be reverted to which he or she is entitled under Articles 44.1 and 44.6 (the Short Term Sickness Plan) shall Plan and the employee will owe the employer the difference between any entitlement under that Plan and the monies paid. If the WSIB claim is denied on the basis of medical entitlement then all the monies paid out by the Employer will be an amount owing owed by the employee to the Employer. If the claim is denied on any other basis then the difference between the full salary paid and the Employee’s entitlement under the Short Term Sickness Plan will be an amount owed to the Employer. Monies owed may be recovered under a suitable repayment plan negotiated by the employee and the Employer and, failing agreement, the Employer may deduct up to 12% of the gross salary from the employee’s wages on each pay cheque until the full amount owing is repaid. Monies may also be recoverable by order of an Arbitrator enforced in the Courts. If the full time Employee has no Short Term Sickness Plan entitlement and the WSIB award is still pending after thirty (30) days, then the time will be unpaid. Once a claim is approved the Employer will pay salary for the shorter of a total of three (3) months in the case of a continuous absence or sixty five (65) working days for intermittent absences which amount includes the thirty (30) working days already paid.
41.2 Where an employee is absent by reason (b) In accordance with section 25(a) and (b) of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, where a full time employee is in receipt of loss of earnings benefits, the Employer agrees to maintain its premium payments for insured benefits. Where the employee has a required contribution to the benefits the employee must make arrangements to contribute his/her portion or his or her salary shall continue to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date of participation will cease. This applies only in the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her credits.
41.3 Where an award is made under the Workplace Safety and Insurance Act to an employee that is less than the regular salary of the employee and the award applies for longer than the period set out in Article 41.2 and the employee has accumulated credits, his or her regular salary may be paid and the difference between the regular salary paid after the period set out in Article 41.2 and the compensation awarded shall be converted to its equivalent time and deducted from his or her accumulated credits.
41.4 Where an employee receives an award under the Workplace Safety and Insurance Act, and the award applies for longer than the period set out in Article 41.2 (i.e. three (3) months), the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributions.
41.5 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, the employee shall not be entitled to a leave of absence with pay under Article 44 (Short Term Sickness Plan) as an option year following the expiry of the application of Article 41.2.injury
Appears in 1 contract
Samples: Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 a. Where an employee is absent by reason of an injury or an occupational industrial disease for which a claim is made under the Workplace Safety and Insurance Act, his or her 1997, the employee's salary shall continue to be paid for a period not exceeding thirty (30) days. If an award is not made, any Any payments made under the foregoing provisions in excess of that to which he or she is entitled under Articles 44.1 and 44.6 (Short Term Sickness Plan) shall be an amount owing owed by the employee to the EmployerEmployer and may be repaid by the employee :
i. by having a corresponding deduction made from the employee's bank of sick leave, vacation leave or over-time where no award is made; or
ii. by paying to the employer an amount equal to the benefits received from WSIB where an award is made.
41.2 b. Where an employee is absent by reason of an injury or an occupational industrial disease for which an award is made under the Workplace Safety and Insurance Act, 1997, the employee shall receive payments equivalent to the difference between the sum of the weekly WSIB benefit the employee is eligible to receive and any other earnings received by the employee, and 100% of his or her salary shall continue net earnings prior to be paid the commencement of the WSIB leave of absence for a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date one year inclusive of the first absence because thirty (30) days set out in paragraph a. This period may be continuous or an accumulation of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her creditsseveral absences.
41.3 c. Where an award is made under the Workplace Safety and Insurance Act Board makes an award to an employee that is less than the employee's regular salary of the employee and where the award applies continues to apply for longer than the period periods set out in Article 41.2 28.01 and the employee has accumulated sick leave, vacation leave or over-time credits, his or her regular salary the employee may be paid and receive payments equivalent to the difference between the regular salary paid after sum of the period set out in Article 41.2 weekly WSIB benefit the employee is eligible to receive and any other earnings received by the employee, and 100% of his or her net earnings prior to the commencement of the WSIB leave of absence and the compensation awarded amount of this payment shall be converted to its equivalent time and deducted from his or her the employee's accumulated credits.
41.4 Where an employee receives an award under the Workplace Safety and Insurance Act, and the award applies for longer than the period set out in Article 41.2 (i.e. three (3) months), the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributions.
41.5 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, the employee shall not be entitled to a leave of absence with pay under Article 44 (Short Term Sickness Plan) as an option following the expiry of the application of Article 41.2.
Appears in 1 contract
Samples: Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 15.01 Where an employee is absent by reason of an injury or an occupational disease for which a claim is made under the Workplace Safety and Insurance Act, his or her 1997, the employee’s salary shall continue to be paid for a period not exceeding thirty (30) days. If an award is not made, any payments made under the foregoing provisions in excess of that to which he or she the employee is entitled under Articles 44.1 12.01 and 44.6 12.08 (Short Term Sickness Plan) shall be an amount owing owed by the employee to the EmployerEmployer and may be repaid by the employee by having a corresponding deduction made from the employee’s bank of accumulated attendance credits.
41.2 Where 15.02 Up to and including August 31, 2019, where an employee is absent by reason or an injury of an occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997, the employee’s salary shall continue to be paid without loss of credits for a period not exceeding one (1) year. This period may be continuous or an accumulation of several absences. Effective September 1, 2019, where an employee is absent by reason of an injury of occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997, the employee’s salary shall continue to be paid without loss of credits for the duration of the member’s receipt of WSIB benefits.
15.03 Effective November 1, 2016 salary payments under Article 15.02 shall be reduced to the extent necessary to provide that an employee’s net earnings equals one hundred percent (100%) of his or her net earnings prior to the commencement of his or her absence.
15.04 Up to and including August 31, 2019, where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent1997, following the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her credits.
41.3 Where an award is made under the Workplace Safety and Insurance Act to an employee that is less than the employee’s regular salary of the employee and where the award applies continues to apply for longer than the period periods set out in Article 41.2 15.02 and the employee has accumulated credits, his or her the employee’s regular salary may be paid and the difference between the regular salary paid after of the period set out in Article 41.2 employee and the compensation awarded award shall be converted to its equivalent time and deducted from his or her the employee’s accumulated credits.
41.4 Where an employee receives an award under the Workplace Safety 15.05 Up to and Insurance Actincluding August 31, and the award applies for longer than the period set out in Article 41.2 (i.e. three (3) months)2019, the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributions.
41.5 Where where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997, that is less than the employee’s regular salary and where the award continues to apply for longer than the periods set out in 15.02 the employee shall not be entitled may, at the employee’s option, elect to a leave of absence with pay receive benefits under Article 44 (the Short Term Sickness PlanPlan as described in Articles 12.01 and 12.08, including the right to use any accumulated credits to supplement the seventy-five percent (75%) as an option following the expiry of the application of Article 41.2benefit to one hundred percent (100%).
Appears in 1 contract
Samples: Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 Where (a) When an employee is absent injured during the performance of his/her duties and is unable to perform such duties and has applied for Workplace Safety and Insurance benefits, the employee will remain on payroll regardless of their sick leave status and will receive their pay at the 85% WSIB rate plus an additional fifteen per cent (15%) granted by reason the Board to equal one hundred percent (100%) of an injury or an occupational disease for which a claim is made under the net pay, pending the WSIB’s decision on entitlement.
(b) Upon Workplace Safety and Insurance Board approval, the employee's sick leave reserve shall be adjusted in accordance with the Workplace Safety and Insurance Act, his or her salary shall award and the employee will continue to receive payments in accordance with that award plus the additional fifteen per cent (15%) granted by the Board.
(c) If the claim is denied and the employee does not have enough sick leave credits to cover the absence then the employee will be paid for a period removed from payroll and the employee’s salary will be adjusted to recover the days allowed beyond the employee’s allotted sick leave credits.
(d) Should the employee not exceeding have sufficient sick leave credits the employee may be granted an advance of sick leave credits up to thirty (30) days. If days in accordance with the Cumulative Sick Leave Plan.
(a) It is agreed that when an award employee receives approval for a WSIB permanent disability loss of earnings benefit and is not unable to work, the employee will receive an amount which, after all deductions have been made, any payments made under the foregoing provisions in excess of that is equal to which he or she is entitled under Articles 44.1 and 44.6 (Short Term Sickness Plan) shall be an amount owing by what the employee would otherwise have received. The portion of a day deducted from the employees’ sick leave credit per day of absence will be equal to the Employer.
41.2 Where an employee is absent by reason ratio of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her credits.
41.3 Where an award is made under the Workplace Safety and Insurance Act to an employee that is less than the regular salary of the employee and the award applies for longer than the period set out in Article 41.2 and the employee has accumulated credits, his or her regular salary may be paid and the difference between the regular salary paid after the period set out in Article 41.2 WSIB permanent disability loss of earnings benefit and the compensation awarded shall be converted net salary compared to its equivalent time and deducted from his or her accumulated creditsthe employee's gross salary.
41.4 Where an employee receives an award (b) Employees who receive payments under Subsection 32.02 (a) and who are drawing sick leave in accordance with Subsection 32.02 (a) will be entitled to the Workplace Safety Board's contribution to benefits.
32.03 It is understood and Insurance Act, and the award applies for longer than the period set out in Article 41.2 (i.e. three (3) months), the Employer agreed that Section 32.02 will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which apply so long as the employee is receiving has sick leave credits. In the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice event that the employee does not intend to pay the employee’s pension contributions.
41.5 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under the Workplace Safety and Insurance Actsick leave credits are exhausted, the employee shall not be entitled to a leave of absence with pay under Article 44 (Short Term Sickness Plan) as an option following will receive the expiry WSIB award.
32.04 Two members of the application WSIB Committee will meet with the WSIB Officer every 6 weeks, if required, or more frequently if required, for the purpose of Article 41.2discussing return to work accommodations and other related WSIB issues for members of CUPE 1348.
Appears in 1 contract
Samples: Collective Agreement
WORKPLACE SAFETY AND INSURANCE. 41.1 Where an 24.01 It is agreed that when a C.E.I. member is injured during the performance of his/her duties and is unable to perform such duties and has applied for Workplace Safety and Insurance benefits, the employee is absent by reason will be placed on sick leave until such time as approval of an injury or an occupational disease for which a claim is made under the Workplace Safety and Insurance Actclaim is rendered, his or her salary shall continue up to be paid for a period not exceeding thirty (30) the amount of the employee’s accumulated sick days. If an award is not madeDuring this period, any payments made under provided the foregoing provisions in excess employee has sick leave days to his/her credit, the employee will be receiving the WSIB legislated amount of that to which he or she is entitled under Articles 44.1 eighty-five percent (85%). Upon Workplace Safety and 44.6 (Short Term Sickness Plan) Insurance Board approval, the employee’s sick leave reserve shall be an amount owing by the employee to the Employer.
41.2 Where an employee is absent by reason of an injury or an occupational disease for which an award is made under adjusted in accordance with the Workplace Safety and Insurance Act, his or her salary shall continue to be paid for a period not exceeding three (3) consecutive months or a total of sixty-five (65) working days where such absences are intermittent, following the date of the first absence because of the injury or occupational disease, and any absence in respect of the injury or occupational disease shall not be charged against his or her credits.
41.3 Where an award is made under award. If the Workplace Safety and Insurance Act to an employee that claim is less than the regular salary of rejected, the employee and the award applies for longer than the period set out in Article 41.2 and will be placed on sick leave provided the employee has accumulated creditssick leave days to his/her credit, his or and his/her regular salary may will be paid adjusted accordingly retroactive to the first day of the absence.
(a) It is agreed that when an employee receives approval for a WSIB permanent disability loss of earnings benefit and is unable to work, the employee will receive an amount which, after all deductions have been made, is equal to what the employee would otherwise have received. The portion of a day deducted from the employee’s sick leave credit per day of absence will be equal to the ratio of the difference between the regular salary paid after the period set out in Article 41.2 WSIB permanent disability loss of earnings benefit and the compensation awarded shall be converted net salary compared to its equivalent time and deducted from his or her accumulated credits.
41.4 Where an employee receives an award under the Workplace Safety and Insurance Act, and the award applies for longer than the period set out in Article 41.2 (i.e. three (3) months), the Employer will continue subsidies for Basic Life, Long Term Income Protection, Supplementary Health and Hospital and the Dental Plans for the period during which the employee is receiving the award. The Employer shall continue to make the Employer’s pension contributions unless the employee gives the Employer a written notice that the employee does not intend to pay the employee’s pension contributionsgross salary.
41.5 Where an (b) Employees who receive payments under Article 24.02 (a) and who are drawing sick leave in accordance with Article 24.02 (a) will be entitled to the Board’s contribution to benefits.
24.03 It is understood and agreed that Article 24.02 will apply so long as the employee is absent by reason of an injury or an occupational disease for which an award is made under has sick leave credits. In the Workplace Safety and Insurance Actevent that the sick leave credits are exhausted, the employee shall not be entitled to a leave of absence with pay under Article 44 (Short Term Sickness Plan) as an option following will receive the expiry of the application of Article 41.2WSIB award.
Appears in 1 contract
Samples: Collective Agreement