CapitalCare Collective Agreement 2020-2024

Article 24: 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 full net salary for each day absent due to such disability provided that all of the following conditions exist:
      1. the Employee assigns over to the Employer, on proper forms, the monies due to them from the Workers’ Compensation Board (WCB) for time lost due to an accident; and
      2. the Employee's accumulated sick leave credits are sufficient so that an amount proportionate to the WCB supplement paid by the Employer, but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an Employee is off work due to accident within the meaning of the Workers’ Compensation Act; and
      3. the Employee keeps the Employer informed regarding the status of their WCB claim and provides any medical or claim information that may be required by the Employer.
   2. The parties recognize that the Employer may be required to reconcile payments to the Employee with subsequent assigned payments from the WCB. In light of this, the time limitation for correcting over or under payments provided in Article 27 shall not commence until the Employer has received reimbursement from WCB or has issued any statement of adjustment to the Employee, whichever is later.
   3. An Employee who is in receipt of Workers’ Compensation benefits shall be deemed to be on a leave of absence without pay.
   4. An Employee in receipt of Workers' Compensation benefits shall:
      1. be deemed to remain in the continuous service of the Employer for purposes of salary increments;
      2. accrue vacation credits and sick leave for the first (1st) month of such absence; and
      3. be entitled to maintain existing prepaid health benefits in accordance with the enrollments and other requirements of the Insurer.
2. An Employee who has been on Workers' Compensation and who is certified by the WCB 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 two (2) weeks written notice, when possible, of readiness to return to work.  The Employer shall reinstate the Employee in the same classification held by them immediately prior to the disability with benefits that accrued to them prior to the disability;
   2. incapable of performing the duties of their former position, shall be entitled to benefits they are eligible for under Sick Leave or STD or LTD, in accordance with Articles 23 or 25.
3. The reinstatement of an Employee in accordance with this Article shall not be construed as being a violation of the posting and/or scheduling provisions of Articles 29 and 11.