Carewest 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 take home pay calculated at the basic rate of pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist:
      1. the Employee does not elect to receive income replacement directly from the Workers Compensation Board; 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 WCB 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 the Workers Compensation Board, or has issued any statement of adjustment to the Employee, whichever is later.
   3. An Employee who is in receipt of Workers’ Compensation Benefits and who is not eligible to receive the WCB Supplement pursuant to Article 24.01(a) 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 prepaid health benefits and salary increments;
      2. accrue vacation credits and sick leave for the first (1st) month of such absence.
2. An Employee who has been on Workers’ Compensation 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 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 Short-Term Disability or Long-Term Disability, in accordance with Article 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 11 and 29.