Bethany Care Society Collective Agreement 2020-2024

Article 37: Workers' Compensation

1. An Employee who is unable to work as a result of a disability incurred while on duty in the service of the Employer and who qualifies for benefits pursuant to the Workers’ Compensation Act will receive benefits directly from the Workers’ Compensation Board.
2. Employees will be eligible to apply for sick leave benefits in accordance with the Sick Leave Article of this Collective Agreement during the period of time they are waiting for receipt of their claim from WCB.   Sick leave benefits will be payable provided:
   1. the Employee has sick leave credits available; and
   2. the Employee meets the eligibility requirements for sick leave; and
   3. the Employee assigns their WCB benefits to the Employer, only to the extent that is required for the Employer to recover the money that was paid out for sick leave, once the WCB claim is approved.  The Employer will then reinstate the Employee’s sick leave credits to the appropriate level.  After the money for sick leave benefits has been recovered from the assigned WCB benefits, the Employee shall receive their benefits directly from the Workers’ Compensation Board.
3. An Employee receiving Workers Compensation benefits under this Article shall be deemed on Workers' Compensation leave and shall:
   1. remain in the continuous service of the Employer for the purpose of salary increments and Prepaid Health Benefits; and
   2. subject to the respective Articles cease to earn sick leave and vacation credits; and
   3. not be entitled to Named Holidays with pay falling within the period of Workers' Compensation leave.
4. An Employee on Workers' Compensation leave and who is certified by the Workers' Compensation Board to be fit to return to work and who is:
   1. capable of performing the duties of their former position, shall provide the Employer with fourteen (14) days written notice of readiness to work or such shorter notice as may be mutually agreed by the Parties.  Such advance notice shall not be required in the case of short term absence on Workers' Compensation leave, i.e. where the expected duration of the leave at the time of onset was less than twenty-eight (28) calendar days.  The Employer shall then reinstate the Employee in the same position held by them immediately prior to the disability with benefits that accrued to them prior to the disability.
      
      However, if an Employee's absence exceeds 12 months the Employer, the Union and the Employee will have discussions.  Thereafter the Employer may place them in a similar position in the same classification with the same status, FTE, salary and benefits as prior to their disability; or
   2. incapable of performing the duties of their former position, but is capable of performing the duties of their former classification, shall provide the Employer with fourteen (14) days written notice of readiness to work or such shorter notice as may be mutually agreed by the Parties.  The Employer shall then reinstate them to a position for which they are capable of performing the work entailed, upon the occurrence of the first such available vacancy with benefits that accrued to them prior to the disability.  In such a case the Parties agree to waive the posting provisions of the Collective Agreement; or
   3. incapable of performing the duties of their former classification, may make application for any benefits for which they are eligible under Sick Leave or Employee Benefits Plans.
5. The reinstatement of an Employee in accordance with this Article shall not be construed as being in violation of the posting and/or scheduling provisions of the Collective Agreement.
6. At the time it is determined that an absence due to injury which is compensable pursuant to the Workers' Compensation Act, is expected, or will continue for a period in excess of six (6) months from the date of onset of the condition, the Employer will provide the Employee with the appropriate form to submit a pending claim to the Underwriter of the Long Term Disability Income Insurance.
7. The Employee shall keep the Employer informed of the prognosis of their condition in a prompt and timely manner.