Common use of WORKPLACE SAFETY AND INSURANCE Clause in Contracts

WORKPLACE SAFETY AND INSURANCE. 8.1 Every employee w ho is absent from duty as a result of illness or injury arising from his/her employment w ithin the meaning of the Workplace Safety and Insurance Act (WSIA), w ill be provided w ith medical care and treatment as provided in the WSIA and shall comply w ith Clause 7.2.1 (h) of this Agreement. 8.2 Every probationary employee w ho is absent from duty as a result of illness or injury arising out of and in the course of his/her employment (w ithin the meaning of the Workplace Safety and Insurance Act), shall receive compensation from this Employer to the level provided under the WSIA effective from the date of disability. Where a claim has been disallow ed by the Workplace Safety and Insurance Board (WSIB) all payments made by the Employer w ill be recovered from the employee' s Income Protection Plan, subject to Article 7.2. 8.3 Every employee w ho has completed his/her probationary period, and w ho is absent from duty as a result of illness or injury arising out of and in the course of his/her employment (w ithin the meaning of the WSIA) shall be entitled to the follow ing: (a) Payment of salary or earnings by the Employer to the maximum allow able under the WSIA and the Employer w ill also pay to the employee, w here applicable, the difference betw een the maximum allow able under the WSIA and the actual amount equal to the employee' s salary or regular w age. It is recognized that: The combined effect of the employee’ s entitlement under the WSIA and the top-up payment shall not exceed the employee’ s pre-injury net pay after tax and legislat ed deductions. (b) In addition, the Employer w ill pay on behalf of the employee the total payment of premiums for the follow ing plans: (i) pension, (ii) medical plans as specified in the Agreement, (iii) life insurance, (iv) long term disability, (v) dental plan provided that in any calendar month the employee is absent ten (10) w orking days. (c) When the employee returns to full and regular duties, he/she shall be returned to a position equal to the one w hich he/she held prior to his/her 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. 8.4 Should an employee be off w ork in excess of ten (10) consecutive months w ithout any regular pay for w ork done, the employee shall not accumulate leave credits for this period of time. 8.5 In the event that an employee is able to return to light or modified duties as determined by the Workplace Safety and Insurance Board of Ontario, the Employer shall attempt to provide such w ork and the employee shall continue to receive the hourly rate of pay or bi-w eekly salary he/she w as receiving prior to the date of his/her accident until a f inal determination is made by the Workplace Safety and Insurance Board as to the appropriate w ork assignment consistent w ith that employee’ s restrictions. 8.6 Any employee w ho returns to modified or light duties shall be assessed on an on-going basis by the Workplace Safety and Insurance Board. In the event such assessment s determine that the employee is able to return to full and regular duties, 8.3 (c ) 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 for employment w ith the Employer or other Employers. In this case, the Employer w ill make a reasonable effort to offer the employee on-going alternate employment. In any case, w hen the employee returns to light or modified duties, the Employer shall be guided by the assessment of the Workplace Safety and Insurance Board. 8.7 The Union recognizes that reassignment of a permanently partially disabled employee to alternate employment may necessitate a change of classification and pay. 8.8 It is recognized that w here the employee has been reassigned or offered, and accepts alternate employment w ith the Employer, the employee shall be entitled to any lump sum payment or permanent xx xxx payable as determined by the Workplace Safety and Insurance Board of Ontario, and such payments w ill not reduce the w age or salary the employee w ill be receiving. 8.9 In the event that WSIA benefits should become taxed as normal income, the Employer and the Union agree that the employee receiving WSIA benefits shall not receive less than the payments outlined in Articles 8.2, 8.3, 8.6 or 8.8, as the case may be. The details of such rearrangement shall be negotiated betw een the Union and the Employer at the time of such change in the legislation.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

AutoNDA by SimpleDocs

WORKPLACE SAFETY AND INSURANCE. 8.1 29.1 Every employee w ho who is absent from duty as a result of personal illness or injury arising from his/her employment w ithin within the meaning of the Workplace Safety and Insurance Act (WSIA), w ill will be provided w ith with medical care and treatment rehabilitation as provided in the WSIA and shall comply w ith Clause 7.2.1 (h) with clauses 12.6 and 12.7 of this Agreement. 8.2 29.2 Every probationary full-time permanent employee w ho who is absent from duty as a result of personal illness or injury arising out of and in the course of his/her employment (w ithin employment, within the meaning of the Workplace Safety Safe ty and Insurance Act)Act (WSIA) and, who has not completed his/her probationary period as provided for in this Agreement, shall receive compensation from this the Employer to the level provided under the WSIA effective from the date of disability. Where a claim has been disallow ed disallowed by the Workplace Safety and Insurance Board (WSIB) all payments made by the Employer w ill will be recovered from the employee' s 's Income Protection Plan, subject to Article 7.2or where entitlement is exhausted from the employee. 8.3 Every 29.3 In addition, every full-time permanent employee w ho who has completed his/her probationary period, and w ho is absent from duty as who suffers a result of illness or personal injury arising out of and in the course of his/her their employment (w ithin within the meaning of the WSIA) WSIA shall be entitled to the follow ingfollowing: (a) Payment of salary or earnings by the Employer to the maximum allow able level approved under by the WSIA WSIB, and the Employer w ill also pay to will top up the employee, w here applicable, the difference betw een the maximum allow able under the WSIA and the actual amount equal ’s earnings to 85% of the employee' s ’s average net salary or regular w agewage. In those instances when the WSIB approves partial payment only, the Employer will not top-up the approved level of compensation by the WSIB. It is recognized that: : i) The combined effect effect, when applicable, of the employee’ s ’s entitlement under the WSIA and the top-up payment shall not exceed the employee’ s ’s pre-injury net pay after tax and legislat ed legislated deductions. (bii) In in addition, the Employer w ill will pay on behalf of the employee the total payment of premiums for the follow ing following plans: (i) : • pension, (ii) , until the employee is deemed eligible for an OMERS waiver of premium, • medical plans as specified in the Agreement, (iii) , • life insurance, (iv) , • long term disability, (v) dental plan , provided that in any calendar month the employee is absent ten (10) w orking continuous insurable working days. (cb) When the employee returns to full and regular duties, he/she shall be returned to a position equal to of the one w hich he/she same pay level held prior to his/her compensable injury and the benefits specified in (a) and (b) above shall cease. . c) When the employee is able to return to modified duties the benefits specified in (a) and (b) above shall cease. 8.4 29.4 Should an employee be off w ork work in excess of ten three (103) consecutive months w ithout without any regular pay for w ork work done, the employee shall not accumulate leave credits for this period of time. 8.5 29.5 In the event that an employee is able to return to light or modified duties as determined by the Workplace Safety and Insurance Board of OntarioWSIB, the Employer shall attempt to provide such w ork work and the employee shall continue to receive the hourly rate of pay compensation provided for in accordance with clause 29.2 or bi-w eekly salary he/she w clause 29.3 above, as receiving prior to the date of his/her accident applicable, until a f inal final determination is made by the Workplace Safety and Insurance Board WSIB as to the appropriate w ork work assignment consistent w ith with that employee’ s ’s restrictions. 8.6 Any 29.6 An employee w ho who returns to modified or light duties shall be assessed shall, on an on-going basis basis, be assessed by the Workplace Safety and Insurance BoardWSIB. In the event such assessment s assessments determine that the employee is able to return to full and regular duties, 8.3 (c clause 29.3 c) above, shall apply. . 29.7 In the event the employee’ s ’s condition is assessed as deteriorating, the Employer shall provide rehabilitation as recommended by the Workplace Safety and Insurance Board WSIB for employment w ith with the Employer or other Employersemployers. In this case, the Employer w ill will make a reasonable effort to offer the employee on-going alternate employment. In any case, w hen when the employee returns to light or modified duties, the Employer shall be guided by the assessment of the Workplace Safety and Insurance BoardWSIB. 8.7 29.8 The Union recognizes that reassignment of a permanently partially disabled employee to alternate employment may necessitate a change of classification and pay. 8.8 29.9 It is recognized that w here where the employee has been reassigned or to, offered, and accepts alternate employment w ith with the Employer, the employee shall be entitled to any lump sum payment or permanent xx xxx award payable as determined by the Workplace Safety and Insurance Board of Ontario, and such payments w ill will not reduce the w age wage or salary the employee w ill will be receiving. 8.9 In the event that WSIA benefits should become taxed as normal income, the Employer and the Union agree that the employee receiving WSIA benefits shall not receive less than the payments outlined in Articles 8.2, 8.3, 8.6 or 8.8, as the case may be. The details of such rearrangement shall be negotiated betw een the Union and the Employer at the time of such change in the legislation.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

WORKPLACE SAFETY AND INSURANCE. 8.1 Every employee w ho who is absent from duty as a result of illness or injury arising from his/her employment w ithin within the meaning of the Workplace Safety and Insurance Act (WSIA), w ill will be provided w ith with medical care and treatment as provided in the WSIA and shall comply w ith with Clause 7.2.1 (h) of this Agreement. 8.2 Every probationary employee w ho who is absent from duty as a result of illness or injury arising out of and in the course of his/her employment (w ithin within the meaning of the Workplace Safety and Insurance Act), shall receive compensation from this Employer to the level provided under the WSIA effective from the date of disability. Where a claim has been disallow ed disallowed by the Workplace Safety and Insurance Board (WSIB) all payments made by the Employer w ill will be recovered from the employee' s 's Income Protection Plan, subject to Article 7.27. 8.3 Every employee w ho who has completed his/her probationary period, and w ho who is absent from duty as a result of illness or injury arising out of and in the course of his/her employment (w ithin within the meaning of the WSIA) shall be entitled to the follow ingfollowing: (a) Payment of salary or earnings by the Employer to the maximum allow able allowable under the WSIA and the Employer w ill will also pay to the employee, w here where applicable, the difference betw een between the maximum allow able allowable under the WSIA and the actual amount equal to the employee' s 's salary or regular w agewage. It is recognized that: The combined effect of the employee’ s ’s entitlement under the WSIA and the top-up payment shall not exceed the employee’ s ’s pre-injury net pay after tax and legislat ed legislated deductions. (b) In addition, the Employer w ill will pay on behalf of the employee the total payment of premiums for the follow ing following plans: (i) pension, (ii) medical plans as specified in the Agreement, (iii) life insurance, (iv) long term disability, (v) dental plan provided Provided that in any calendar month the employee is absent ten (10) w orking working days. (c) When the employee returns to full and regular duties, he/she shall be returned to a position equal to the one w hich which he/she held prior to his/her 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. 8.4 Should an employee be off w ork work in excess of ten (10) consecutive months w ithout without any regular pay for w ork work done, the employee shall not accumulate leave credits for this period of time. 8.5 In the event that an employee is able to return to light or modified duties as determined by the Workplace Safety and Insurance Board of Ontario, the Employer shall attempt to provide such w ork work and the employee shall continue to receive the hourly rate of pay or bi-w eekly weekly salary he/she w as was receiving prior to the date of his/her accident until a f inal final determination is made by the Workplace Safety and Insurance Board as to the appropriate w ork work assignment consistent w ith with that employee’ s ’s restrictions. 8.6 Any employee w ho who returns to modified or light duties shall be assessed on an on-going basis by the Workplace Safety and Insurance Board. In the event such assessment s assessments determine that the employee is able to return to full and regular duties, 8.3 (c c) shall apply. In the event the employee’ s ’s condition is assessed as deteriorating, the Employer shall provide rehabilitation as recommended by the Workplace Safety and Insurance Board for employment w ith with the Employer or other Employers. In this case, the Employer w ill will make a reasonable effort to offer the employee on-going alternate employment. In any case, w hen when the employee returns to light or modified duties, the Employer shall be guided by the assessment of the Workplace Safety and Insurance Board. 8.7 The Union recognizes that reassignment of a permanently partially disabled employee to alternate employment may necessitate a change of classification and pay. 8.8 It is recognized that w here where the employee has been reassigned or offered, and accepts alternate employment w ith with the Employer, the employee shall be entitled to any lump sum payment or permanent xx xxx award payable as determined by the Workplace Safety and Insurance Board of Ontario, and such payments w ill will not reduce the w age wage or salary the employee w ill will be receiving. 8.9 In the event that WSIA benefits should become taxed as normal income, the Employer and the Union agree that the employee receiving WSIA benefits shall not receive less than the payments outlined in Articles 8.2, 8.3, 8.6 or 8.8, as the case may be. The details of such rearrangement shall be negotiated betw een between the Union and the Employer at the time of such change in the legislation. 8.10 If the Employer has overpaid an employee under Article 8 and the employee does not qualify to have the Employer’s payments recovered from the employee’s Income Protection Plan under Article 8.2, the overpayment may be recovered from the employee by the Employer. Such recovery will be deemed authorized under the Employment Standards Act, 2000 to make deductions from the employee’s pay cheque to cover the overpayment, provided that the employee has agreed in writing to a reasonable repayment schedule. Failing agreement, the parties will use an expedited process to determine the repayment schedule. (a) The Employer shall notify the Union every 6 months of the names of any employees represented by the Union who are off work as a result of illness or injury arising from his/her employment within the meaning of the Workplace Safety and Insurance Act. (b) The Employer agrees to provide the employee with a copy of the Workplace Safety Insurance Board Form 7 upon request.

Appears in 1 contract

Samples: Collective Agreement

WORKPLACE SAFETY AND INSURANCE. 8.1 Every employee w ho who is absent from duty as a result of illness or injury arising from his/her employment w ithin within the meaning of the Workplace Safety and Insurance Act (WSIA), w ill will be provided w ith with medical care and treatment as provided in the WSIA and shall comply w ith with Clause 7.2.1 (h) of this Agreement. 8.2 Every probationary employee w ho who is absent from duty as a result of illness or injury arising out of and in the course of his/her employment (w ithin within the meaning of the Workplace Safety and Insurance Act), shall receive compensation from this Employer to the level provided under the WSIA effective from the date of disability. Where a claim has been disallow ed disallowed by the Workplace Safety and Insurance Board (WSIB) all payments made by the Employer w ill will be recovered from the employee' s 's Income Protection Plan, subject to Article 7.27. 8.3 Every employee w ho who has completed his/her probationary period, and w ho who is absent from duty as a result of illness or injury arising out of and in the course of his/her employment (w ithin within the meaning of the WSIA) shall be entitled to the follow ingfollowing: (a) Payment of salary or earnings by the Employer to the maximum allow able allowable under the WSIA and the Employer w ill will also pay to the employee, w here where applicable, the difference betw een between the maximum allow able allowable under the WSIA and the actual amount equal to the employee' s 's salary or regular w agewage. It is recognized that: The combined effect of the employee’ s ’s entitlement under the WSIA and the top-up payment shall not exceed the employee’ s ’s pre-injury net pay after tax and legislat ed legislated deductions. (b) In addition, the Employer w ill will pay on behalf of the employee the total payment of premiums for the follow ing following plans: (i) pension, (ii) medical plans as specified in the Agreement, (iii) life insurance, (iv) long term disability, (v) dental plan provided that in any calendar month the employee is absent ten (10) w orking working days. (c) When the employee returns to full and regular duties, he/she shall be returned to a position equal to the one w hich which he/she held prior to his/her 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. 8.4 Should an employee be off w ork work in excess of ten (10) consecutive months w ithout without any regular pay for w ork work done, the employee shall not accumulate leave credits for this period of time. 8.5 In the event that an employee is able to return to light or modified duties as determined by the Workplace Safety and Insurance Board of Ontario, the Employer shall attempt to provide such w ork work and the employee shall continue to receive the hourly rate of pay or bi-w eekly weekly salary he/she w as was receiving prior to the date of his/her accident until a f inal final determination is made by the Workplace Safety and Insurance Board as to the appropriate w ork work assignment consistent w ith with that employee’ s ’s restrictions. 8.6 Any employee w ho who returns to modified or light duties shall be assessed on an on-on- going basis by the Workplace Safety and Insurance Board. In the event such assessment s assessments determine that the employee is able to return to full and regular duties, 8.3 (c ) shall apply. In the event the employee’ s ’s condition is assessed as deteriorating, the Employer shall provide rehabilitation as recommended by the Workplace Safety and Insurance Board for employment w ith with the Employer or other Employers. In this case, the Employer w ill will make a reasonable effort to offer the employee on-going alternate employment. In any case, w hen when the employee returns to light or modified duties, the Employer shall be guided by the assessment of the Workplace Safety and Insurance Board. 8.7 The Union recognizes that reassignment of a permanently partially disabled employee to alternate employment may necessitate a change of classification and pay. 8.8 It is recognized that w here where the employee has been reassigned or offered, and accepts alternate employment w ith with the Employer, the employee shall be entitled to any lump sum payment or permanent xx xxx award payable as determined by the Workplace Safety and Insurance Board of Ontario, and such payments w ill will not reduce the w age wage or salary the employee w ill will be receiving. 8.9 In the event that WSIA benefits should become taxed as normal income, the Employer and the Union agree that the employee receiving WSIA benefits shall not receive less than the payments outlined in Articles 8.2, 8.3, 8.6 or 8.8, as the case may be. The details of such rearrangement shall be negotiated betw een between the Union and the Employer at the time of such change in the legislation. 8.10 If the Employer has overpaid an employee under Article 8 and the employee does not qualify to have the Employer’s payments recovered from the employee’s Income Protection Plan under Article 8.2, the overpayment may be recovered from the employee by the Employer. Such recovery will be deemed authorized under the Employment Standards Act, 2000 to make deductions from the employee’s pay cheque to cover the overpayment, provided that the Union and the employee have agreed in writing to a reasonable repayment schedule. Failing agreement, the parties will use an expedited process to determine the repayment schedule. (a) The Employer shall notify the Union every 6 months of the names of any employees represented by the Union who are off work as a result of illness or injury arising from his/her employment within the meaning of the Workplace Safety and Insurance Act. (b) The Employer agrees to provide the employee with a copy of the Workplace Safety Insurance Board Form 7 upon request.

Appears in 1 contract

Samples: Collective Agreement

AutoNDA by SimpleDocs

WORKPLACE SAFETY AND INSURANCE. 8.1 29.1 Every employee w ho who is absent from duty as a result of personal illness or injury arising from his/her employment w ithin within the meaning of the Workplace Safety and Insurance Act (WSIA), w ill will be provided w ith with medical care and treatment rehabilitation as provided in the WSIA and shall comply w ith Clause 7.2.1 (h) with clauses 12.6 and 12.7 of this Agreement. 8.2 29.2 Every probationary full-time permanent employee w ho who is absent from duty as a result of personal illness or injury arising out of and in the course of his/her employment (w ithin employment, within the meaning of the Workplace Safety and Insurance Act)Act (WSIA) and, who has not completed his/her probationary period as provided for in this Agreement, shall receive compensation from this the Employer to the level provided under the WSIA effective from the date of disability. Where a claim has been disallow ed disallowed by the Workplace Safety and Insurance Board (WSIB) all payments made by the Employer w ill will be recovered from the employee' s 's Income Protection Plan, subject to Article 7.2or where entitlement is exhausted from the employee. 8.3 Every 29.3 In addition, every full-time permanent employee w ho who has completed his/her probationary period, and w ho is absent from duty as who suffers a result of illness or personal injury arising out of and in the course of his/her their employment (w ithin within the meaning of the WSIA) WSIA shall be entitled to the follow ingfollowing: (a) Payment of salary or earnings by the Employer to the maximum allow able under level approved by the WSIA WSIB, and the Employer w ill also pay to will top up the employee, w here applicable, the difference betw een the maximum allow able under the WSIA and the actual amount equal ’s earnings to 85% of the employee' s ’s average net salary or regular w agewage. In those instances when the WSIB approves partial payment only, the Employer will not top-up the approved level of compensation by the WSIB. It is recognized that: : i) The combined effect effect, when applicable, of the employee’ s ’s entitlement under the WSIA and the top-up payment shall not exceed the employee’ s ’s pre-injury net pay after tax and legislat ed legislated deductions. (bii) In in addition, the Employer w ill will pay on behalf of the employee the total payment of premiums for the follow ing following plans: (i) : • pension, (ii) , until the employee is deemed eligible for an OMERS waiver of premium, • medical plans as specified in the Agreement, (iii) , • life insurance, (iv) , • long term disability, (v) dental plan , provided that in any calendar month the employee is absent ten (10) w orking continuous insurable working days. (cb) When the employee returns to full and regular duties, he/she shall be returned to a position equal to of the one w hich he/she same pay level held prior to his/her compensable injury and the benefits specified in (a) and (b) above shall cease. . c) When the employee is able to return to modified duties the benefits specified in (a) and (b) above shall cease. 8.4 29.4 Should an employee be off w ork work in excess of ten three (103) consecutive months w ithout without any regular pay for w ork work done, the employee shall not accumulate leave credits for this period of time. 8.5 29.5 In the event that an employee is able to return to light or modified duties as determined by the Workplace Safety and Insurance Board of OntarioWSIB, the Employer shall attempt to provide such w ork work and the employee shall continue to receive the hourly rate of pay compensation provided for in accordance with clause 29.2 or bi-w eekly salary he/she w clause 29.3 above, as receiving prior to the date of his/her accident applicable, until a f inal final determination is made by the Workplace Safety and Insurance Board WSIB as to the appropriate w ork work assignment consistent w ith with that employee’ s ’s restrictions. 8.6 Any 29.6 An employee w ho who returns to modified or light duties shall be assessed shall, on an on-going basis basis, be assessed by the Workplace Safety and Insurance BoardWSIB. In the event such assessment s assessments determine that the employee is able to return to full and regular duties, 8.3 (c clause 29.3 c) above, shall apply. . 29.7 In the event the employee’ s ’s condition is assessed as deteriorating, the Employer shall provide rehabilitation as recommended by the Workplace Safety and Insurance Board WSIB for employment w ith with the Employer or other Employersemployers. In this case, the Employer w ill will make a reasonable effort to offer the employee on-going alternate employment. In any case, w hen when the employee returns to light or modified duties, the Employer shall be guided by the assessment of the Workplace Safety and Insurance BoardWSIB. 8.7 29.8 The Union recognizes that reassignment of a permanently partially disabled employee to alternate employment may necessitate a change of classification and pay. 8.8 29.9 It is recognized that w here where the employee has been reassigned or to, offered, and accepts alternate employment w ith with the Employer, the employee shall be entitled to any lump sum payment or permanent xx xxx award payable as determined by the Workplace Safety and Insurance Board of Ontario, and such payments w ill will not reduce the w age wage or salary the employee w ill will be receiving. 8.9 In the event that WSIA benefits should become taxed as normal income, the Employer and the Union agree that the employee receiving WSIA benefits shall not receive less than the payments outlined in Articles 8.2, 8.3, 8.6 or 8.8, as the case may be. The details of such rearrangement shall be negotiated betw een the Union and the Employer at the time of such change in the legislation.

Appears in 1 contract

Samples: Collective Agreement

WORKPLACE SAFETY AND INSURANCE. 8.1 Every employee w ho who is absent from duty as a result of illness or injury arising from his/her employment w ithin within the meaning of the Workplace Safety and Insurance Act (WSIA), w ill will be provided w ith with medical care and treatment as provided in the WSIA and shall comply w ith with Clause 7.2.1 (h) of this Agreement. 8.2 Every probationary employee w ho who is absent from duty as a result of illness or injury arising out of and in the course of his/her employment (w ithin within the meaning of the Workplace Safety and Insurance Act), shall receive compensation from this Employer to the level provided under the WSIA effective from the date of disability. Where a claim has been disallow ed disallowed by the Workplace Safety and Insurance Board (WSIB) all payments made by the Employer w ill will be recovered from the employee' s 's Income Protection Plan, subject to Article 7.27. 8.3 Every employee w ho who has completed his/her probationary period, and w ho who is absent from duty as a result of illness or injury arising out of and in the course of his/her employment (w ithin within the meaning of the WSIA) shall be entitled to the follow ingfollowing: (a) Payment of salary or earnings by the Employer to the maximum allow able allowable under the WSIA and the Employer w ill will also pay to the employee, w here where applicable, the difference betw een between the maximum allow able allowable under the WSIA and the actual amount equal to the employee' s 's salary or regular w agewage. It is recognized that: The combined effect of the employee’ s ’s entitlement under the WSIA and the top-up payment shall not exceed the employee’ s ’s pre-injury net pay after tax and legislat ed legislated deductions. (b) In addition, the Employer w ill will pay on behalf of the employee the total payment of premiums for the follow ing following plans: (i) pension, (ii) medical plans as specified in the Agreement, (iii) life insurance, (iv) long term disability, (v) dental plan provided that in any calendar month the employee is absent ten (10) w orking working days. (c) When the employee returns to full and regular duties, he/she shall be returned to a position equal to the one w hich which he/she held prior to his/her 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. 8.4 Should an employee be off w ork work in excess of ten (10) consecutive months w ithout without any regular pay for w ork work done, the employee shall not accumulate leave credits for this period of time. 8.5 In the event that an employee is able to return to light or modified duties as determined by the Workplace Safety and Insurance Board of Ontario, the Employer shall attempt to provide such w ork work and the employee shall continue to receive the hourly rate of pay or bi-w eekly weekly salary he/she w as was receiving prior to the date of his/her accident until a f inal final determination is made by the Workplace Safety and Insurance Board as to the appropriate w ork work assignment consistent w ith with that employee’ s ’s restrictions. 8.6 Any employee w ho who returns to modified or light duties shall be assessed on an on-going basis by the Workplace Safety and Insurance Board. In the event such assessment s assessments determine that the employee is able to return to full and regular duties, 8.3 (c ) shall apply. In the event the employee’ s ’s condition is assessed as deteriorating, the Employer shall provide rehabilitation as recommended by the Workplace Safety and Insurance Board for employment w ith with the Employer or other Employers. In this case, the Employer w ill will make a reasonable effort to offer the employee on-going alternate employment. In any case, w hen when the employee returns to light or modified duties, the Employer shall be guided by the assessment of the Workplace Safety and Insurance Board. 8.7 The Union recognizes that reassignment of a permanently partially disabled employee to alternate employment may necessitate a change of classification and pay. 8.8 It is recognized that w here where the employee has been reassigned or offered, and accepts alternate employment w ith with the Employer, the employee shall be entitled to any lump sum payment or permanent xx xxx award payable as determined by the Workplace Safety and Insurance Board of Ontario, and such payments w ill will not reduce the w age wage or salary the employee w ill will be receiving. 8.9 In the event that WSIA benefits should become taxed as normal income, the Employer and the Union agree that the employee receiving WSIA benefits shall not receive less than the payments outlined in Articles 8.2, 8.3, 8.6 or 8.8, as the case may be. The details of such rearrangement shall be negotiated betw een between the Union and the Employer at the time of such change in the legislation. 8.10 If the Employer has overpaid an employee under Article 8 and the employee does not qualify to have the Employer’s payments recovered from the employee’s Income Protection Plan under Article 8.2, the overpayment may be recovered from the employee by the Employer. Such recovery will be deemed authorized under the Employment Standards Act, 2000 to make deductions from the employee’s pay cheque to cover the overpayment, provided that the Union and the employee have agreed in writing to a reasonable repayment schedule. Failing agreement, the parties will use an expedited process to determine the repayment schedule. (a) The Employer shall notify the Union every 6 months of the names of any employees represented by the Union who are off work as a result of illness or injury arising from his/her employment within the meaning of the Workplace Safety and Insurance Act. (b) The Employer agrees to provide the employee with a copy of the Workplace Safety Insurance Board Form 7 upon request.

Appears in 1 contract

Samples: Collective Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!