Common use of WorkSafe BC Compensation Clause in Contracts

WorkSafe BC Compensation. (a) Where an Employee is absent from duty due to an injury or disease arising out of and in the course of employment, and is entitled to compensation under the Worksafe BC Act, the Employer shall pay the Employee their normal net take-home pay (as opposed to their gross basic pay) in the following circumstances: (i) the Employee is receiving temporary total or partial disability wage loss payments from the Worksafe BC, and (ii) the temporary total or partial disability wage loss payments made by Worksafe BC are remitted to the Employer. (b) For the purpose of this Article, the term "normal net take-home pay" shall mean the normal amount of the Employee's gross basic pay, or, if acting in a higher capacity be based upon the Employee's scheduled regular hours of work per week times the scheduled applicable hourly rate of pay as set out herein, plus any service pay to which the Employee is entitled, less the following amounts: (i) normal deductions required by law on the amount by which an Employee's normal gross pay exceeds the Worksafe BC temporary total or partial disability wage loss payments; and, (ii) deductions as required by the operation of the Collective Agreement including amendments. The Employer will remit the amount of these deductions to the appropriate authorities on behalf of the Employee. (c) Where an Employee is receiving Worksafe BC benefits and Worksafe BC changes the wage loss payment resulting in a reduction to the Employee the Employer shall continue paying the Employees net take-home pay as per clauses (a) and (b) above for a minimum period of two (2) years from the start of the most recent injury or disease. (i) After the two (2) year period, an Employee on any reduced benefits shall be entitled to use their accumulated sick leave credits; then any accumulated banked overtime; followed by any accumulated statutory holidays; and finally use any accumulated annual vacation to maintain their "net take-home pay". (ii) Once these benefits, (c)(i) above, have been exhausted the reduced benefit shall be remitted directly to the Employee. (i) When an Employee is injured on duty and goes off on Worksafe BC Leave, the remainder of that shift in pay shall be paid for by the Employer. a) Where an Employee has an election to choose Worksafe BC benefits and elects to pursue litigation rather than Worksafe BC benefits, the Employer shall permit the use of sick leave credits. b) Paragraph (d)(ii)(a) above, is subject to the Employee, entering into an agreement with the Employer, reimbursing any sick leave credits used, at the conclusion of the litigation. When the Employer receives the reimbursement of sick leave credits, from the Employee, the Employer shall credit the Employees sick leave bank with the amount reimbursed. (e) The provisions of this Article do not apply where an Employee is in receipt of a Worksafe BC Pension, or, reduced bridge to pension payments except as provided for in "c" above, unless it is for another separate compensable injury or disease.

WorkSafe BC Compensation. (a) Where an Employee is absent from duty due to an injury or disease arising out of and in the course of employment, and is entitled to compensation under the Worksafe BC Act, the Employer shall pay the Employee their normal net take-home pay (as opposed to their gross basic pay) in the following circumstances: (i) the Employee is receiving temporary total or partial disability wage loss payments from the Worksafe BC, and (ii) the temporary total or partial disability wage loss payments made by Worksafe BC are remitted to the Employer. (b) For the purpose of this Article, the term "normal net take-home pay" shall mean the normal amount of the Employee's gross basic pay, or, if acting in a higher capacity be based upon the Employee's scheduled regular hours of work per week times the scheduled applicable hourly rate of pay as set out herein, plus any service pay to which the Employee is entitled, less the following amounts: (i) normal deductions required by law on the amount by which an Employee's normal gross pay exceeds the Worksafe BC temporary total or partial disability wage loss payments; and, (ii) deductions as required by the operation of the Collective Agreement including amendments. The Employer will remit the amount of these deductions to the appropriate authorities on behalf of the Employee. (c) Where an Employee is receiving Worksafe BC benefits and Worksafe BC changes the wage loss payment resulting in a reduction to the Employee the Employer shall continue paying the Employees net take-home pay as per clauses (a) and (b) above for a minimum period of two (2) years from the start of the most recent injury or diseaseordisease. (i) After the two (2) year period, an Employee on any reduced benefits shall be entitled to use their accumulated sick leave credits; then any accumulated banked overtime; followed by any accumulated statutory holidays; and finally use any accumulated annual vacation to maintain their "net take-home pay". (ii) Once these benefits, (c)(i) above, have been exhausted the reduced benefit shall be remitted directly to the Employee. (i) When an Employee is injured on duty and goes off on Worksafe BC Leave, the remainder of that shift in pay shall be paid for by the Employer. a) Where an Employee has an election to choose Worksafe BC benefits and elects to pursue litigation rather than Worksafe BC benefits, the Employer shall permit the use of sick leave credits. b) Paragraph (d)(ii)(a) above, is subject to the Employee, entering into an agreement with the Employer, reimbursing any sick leave credits used, at the conclusion of the litigation. When the Employer receives the reimbursement of sick leave credits, from the Employee, the Employer shall credit the Employees sick leave bank with the amount reimbursed. (e) The provisions of this Article do not apply where an Employee is in receipt of a Worksafe BC Pension, or, reduced bridge to pension payments except as provided for in "c" above, unless it is for another separate compensable injury or disease.

WorkSafe BC Compensation. ‌ (a) Where an a Regular Full-Time Employee is absent from duty work due to an injury or disease illness arising out of and in the course of employment, and is found by WorkSafe BC to be entitled to compensation under the Worksafe BC Workers Compensation Act, the Employer shall pay the Employee their normal net take-home pay (as opposed to their gross basic pay) in the following circumstances: (i) the Employee is receiving entitled to receive temporary total or partial disability wage loss disability payments from the Worksafe WorkSafe BC, ; and (ii) the temporary total or partial disability wage loss disability payments made by Worksafe BC referred to in (i) above are remitted directly to the EmployerEmployer by WorkSafe BC. (b) For the purpose of this Article, the term "“normal net take-home pay" ” shall mean the normal amount of the Regular Full-Time Employee's ’s gross basic pay, or, if acting in a higher capacity be based upon the Employee's scheduled pay for their regular hours of work per week times the scheduled applicable hourly rate of pay as set out herein, plus any service pay to which the Employee is entitledposition, less the following amounts: (i) amount of the normal deductions required by law on the amount by which an Employee's normal gross pay exceeds the Worksafe BC temporary total or partial disability wage loss payments; and, (ii) deductions as required and/or by the operation of the Collective Agreement including amendments. to be made from the Employee’s normal gross basic pay. (c) The Employer will shall deduct, and remit the amount of these deductions to the appropriate authorities on behalf of the Employee, the amount of the normal deductions required by law and/or by the operation of the Collective Agreement only with respect to the amount by which the Employee’s normal gross basic pay exceeds the temporary wage loss disability payments remitted to the Employer by WorkSafe BC under sub-paragraph (a) (ii) above. (cd) Where an Employee During the period of time that WorkSafe BC is receiving Worksafe BC benefits and Worksafe BC changes adjudicating the Regular Full-Time Employee’s application for temporary wage loss payment resulting in a reduction to disability payments, the Employee the Employer shall continue paying the Employees net take-home pay as per clauses (a) and (b) above for a minimum period of two (2) years from the start of the most recent injury or disease. (i) After the two (2) year period, an Employee on any reduced benefits shall be entitled to use their accumulated sick leave credits; then any accumulated banked overtime; followed by any accumulated statutory holidays; and finally use any accumulated annual vacation to maintain their "net take-home pay". (ii) Once these benefits, (c)(i) above, have been exhausted the reduced benefit shall be remitted directly to the Employee. (i) When an Employee is injured on duty and goes off on Worksafe BC Leave, the remainder of that shift in pay shall be paid for by the Employer. a) Where an Employee has an election to choose Worksafe BC benefits and elects to pursue litigation rather than Worksafe BC benefits, the Employer shall permit the use of sick leave credits. b) Paragraph (d)(ii)(a) above, is subject to the Employee, entering into an agreement with the Employer, reimbursing any sick leave credits used, at the conclusion of the litigation. When the Employer receives the reimbursement of sick leave credits, from the Employee, the Employer shall credit the Employees unused sick leave bank with and, after the amount reimburseddepletion of that bank, any other available leave banks. (e) The provisions If WorkSafe BC accepts the Employee’s application, any temporary wage loss disability payments shall be remitted to the Employer (either directly by WorkSafe BC, or by the Employee if the payment had been made by WorkSafe BC directly to the Employee). Once the temporary wage loss disability payments are received, the Employer shall re-establish the Employee’s sick leave bank and/or other available leave banks by the amount which had been utilized by the Employee under (d) above pending the decision by WorkSafe BC. (f) If WorkSafe BC does not accept the Employee’s application for temporary wage loss disability payments, the Employee’s sick leave bank and/or other available leave banks, which had been utilized by the Employee under (d) above pending the decision by WorkSafe BC, will remain reduced by the amount of this Article do not apply where an Employee is in receipt of a Worksafe BC Pension, or, reduced bridge to pension payments except as provided for in "c" above, unless it is for another separate compensable injury or diseasesuch usage.