Canadian Blood Services (Technical) Collective Agreement 2021-2024

Article 16: Workers' Compensation

1.  
   1. An Employee who is incapacitated and unable to work as a result of an accident sustained while on duty in the service of the Employer within the meaning of the Workers' Compensation Act shall continue to receive their base salary from the Employer, less regular deductions, provided they assign over to the Employer their compensation payments due from the Workers' Compensation Board for time lost as a result of the accident. Base salary as referenced above shall be in accordance with the Workers Compensation Act and regulations, which may be amended from time to time.
   2. An Employee who elects not to assign their Workers' Compensation payments to the Employer may make prior arrangements for the prepayment of the full premium of any contributory health benefit plans.
2. Should the Employee’s claim be disallowed by the Workers' Compensation Board, then any monies paid by the Employer shall be either charged against the Employee’s accumulated sick leave credits, or if the Employee has no sick leave credits, the amount so paid shall be recovered from the Employee over a reasonable period of time.
3. When an Employee is absent on a Workers' Compensation claim, all benefits of this Agreement will continue to accrue for a period of two (2) years except as set out under Article 16.04 below.
4. An Employee who is absent on a Workers Compensation claim will not accrue annual vacation, sick leave, service credits for salary increments nor will they be paid for Named Holidays during the entire period of the absence. However, service credits for the purpose of calculating future vacation entitlement will continue to accrue.  If applicable, Employees will be entitled to insured benefits and pension in accordance with regulations under those plans.
5. On the date a physician certifies an Employee fit to return to work and the Employer has confirmed that there is work available such Employee will lose their seniority and employment if such Employee fails to return to work.  
6. All workplace accidents must be reported by the Employee and the Employer in accordance with the timelines prescribed by the Workers Compensation Act and regulations.
7. An Employee who has been receiving Workers’ Compensation benefits and who is able to return to work will provide the Employer with at least (4) weeks written notice of readiness to return to work when possible. Upon return to duty they shall be reinstated in the same or an alternate position if such is available. Upon, reinstatement they shall be placed on the same step in the pay scale that they had occupied prior to their disability. At such time, they shall be also be credited with any remaining sick leave that they had accrued prior to their disability and shall commence accruing sick leave credits based on service they had accrued prior to their disability and current employment status.  At such time, they shall also be credited with any vacation days that they had accrued prior to their disability and shall commence accruing vacation based on service they had accrued prior to their disability and current employment status.  Seniority shall not be interrupted during such leave.