Canadian Blood Services (Transport Unit) Collective Agreement 2017-2021

Article 33: 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 during the waiting period 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 arrangements for the prepayment of their share of premiums of those contributory health benefit plans in which they are enrolled.
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 subject to 33.04 below.
4. An Employee who is absent on a Workers’ Compensation claim 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.
5. On the date a physician certifies the 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 accidents must be reported immediately in writing by the Employee to their Manager/Supervisor or designate by completing and submitting the required CBS accident form and the Employee portion of the WCB accident form. The Employee will be provided with a copy of each of the completed forms.

7. Employees are required to provide the Employer with a written notice of their readiness to return to work, as far in advance as possible, preferably, at least three (3) weeks in advance. 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.