Mosaic Primary Care Network Collective Agreement 2023 - 2027

Article 24: Workers' Compensation

1. An Employee who is unable to work as a result of an injury or disability incurred while at work with the Employer and who qualifies for benefits pursuant to the Workers’ Compensation Act will assign their benefits received from the Workers’ Compensation Board to the Employer.
2. Employees will be eligible to apply for personal leave in accordance with Article 23 during the period of time they are waiting for processing of their claim from WCB.   Personal leave benefits will be payable provided the Employee agrees to reimburse the Employer once their WCB claim is approved. The Employer will then reinstate the Employee’s personal leave credits to the appropriate level.
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 personal 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.
      
      If an Employee's absence exceeds 12 months the Employer, the Union and the Employee will have discussions. Thereafter, when the Employee is ready to return to work, 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 Personal 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. The Employee shall keep the Employer informed of the prognosis of their condition in a prompt and timely manner.