Common use of Continuing Disability Clause in Contracts

Continuing Disability. (a) After an employee has been paid the maximum of one hundred and thirty-five (135) calendar days provided for in Article 22.02 (a), the employee shall be considered to be on medical layoff. All benefit plans, including recall rights, shall be continued for a further one hundred and thirty-five (135) calendar days. If after one hundred and thirty-five (135) calendar days on medical layoff the employee is still unable to work in his/her established position, the employee, notwithstanding any other provision herein contained, may be terminated, except if, in the opinion of two (2) medical doctors licensed to practice in the Province of BC, the employee shall recover and be capable of resuming their job within two (2) years of the end of the second one hundred and thirty-five (135) calendar days. (b) No employee shall be terminated while in receipt of benefits under this Article, or while receiving compensation from the Workers' Compensation Board as a result of an injury or sickness arising out of his/her employment with the Employer, or while in receipt of sick benefits from the Employment Insurance Commission or while awaiting for LTD benefits to commence. Provided, however, that where an employee is unable to return to work because of a compensable illness or injury and has been granted a pension by the Workers' Compensation Board, his/her employment with the Employer shall be considered terminated and all Employer benefits shall cease as from the effective date of the pension. (c) Absence due to sickness or disability resulting from an accident not covered under Article 22.02 shall not in itself constitute a cause for discharge of an employee, provided it is possible for such employee, in the opinion of two (2) medical practitioners licensed to practice in the Province of British Columbia, to return to work within three (3) months of such sickness or disability, and to carry on his/her regular duties in the services of the Employer. (d) If an employee is eligible to apply for WCB benefits but declines to apply or refuses WCB benefits, then any sick leave shall be paid at sixty percent (60%). If the employee receives a wage loss settlement from ICBC, for the accident or injury that happens on the job, the Employer shall be reimbursed.

Continuing Disability. ‌‌ (a) After an employee Employee has been paid the maximum of one hundred and thirty-five (135) calendar days provided for in Article 22.02 (a), the employee Employee shall be considered to be on medical layoff. All benefit plans, including recall rights, shall be continued for a further one hundred and thirty-five (135) calendar days. If after one hundred and thirty-five (135) calendar days on medical layoff the employee Employee is still unable to work in his/her their established position, the employeeEmployee, notwithstanding any other provision herein contained, may be terminated, except if, in the opinion of two (2) medical doctors licensed to practice in the Province of BC, the employee Employee shall recover and be capable of resuming their job within two (2) years of the end of the second one hundred and thirty-five (135) calendar days. (b) No employee Employee shall be terminated while in receipt of benefits under this Article, or while receiving compensation from the Workers' Compensation Board WorkSafe BC as a result of an injury or sickness arising out of his/her their employment with the Employer, or while in receipt of sick benefits from the Employment Insurance Commission or while awaiting waiting for LTD Long Term Disability benefits to commence. Provided, however, that where an employee Employee is unable to return to work because of a compensable illness or injury and has been granted a pension by the Workers' Compensation BoardWorkSafe BC, his/her their employment with the Employer shall be considered terminated and all Employer benefits shall cease as from the effective date of the pension. (c) Absence due to sickness or disability resulting from an accident not covered under Article 22.02 shall not in itself constitute a cause for discharge of an employeeEmployee, provided it is possible for such employeeEmployee, in the opinion of two (2) medical practitioners licensed to practice in the Province of British Columbia, to return to work within three (3) months of such sickness or disability, and to carry on his/her their regular duties in the services of the Employer. (d) If an employee Employee is eligible to apply for WCB WorkSafe BC benefits but declines to apply or refuses WCB WorkSafe BC benefits, then any sick leave shall be paid at sixty percent (60%). If the employee Employee receives a wage loss settlement from ICBC, for the accident or injury that happens on the job, the Employer shall be reimbursed.

Continuing Disability. (a) After an employee has been paid the maximum of one hundred and thirty-five NINETY (13590) calendar days working days' pay provided for in Article 22.02 22.02 (a), ) the employee shall be considered to be on medical layoff. All benefit plans, including recall rights, shall be continued for a further one hundred and thirty-five NINETY (13590) calendar working days. If If, after one hundred and thirty-five NINETY (13590) calendar working days on medical layoff the employee is still unable to work in his/her the employee’s established position, the employee, notwithstanding any other provision herein contained, may be terminated, except if, in the opinion of two (2) medical doctors licensed to practice in the Province of BCB.C., the employee shall recover and be capable of resuming their job within two TWO (2) years of the end of the second one hundred and thirty-five NINETY (13590) calendar days. (b) No employee shall be terminated while in receipt of benefits under this Article, or while receiving compensation from the Workers' Compensation Board WorkSafeBC as a result of an injury or sickness arising out of his/her employment with the EmployerDistrict, or while in receipt of sick benefits from the Employment Unemployment Insurance Commission or while awaiting for LTD benefits to commence. Provided, however, that where an employee is unable to return to work because of a compensable illness or injury and has been granted a pension by the Workers' Compensation BoardWorkSafeBC, his/her employment with the Employer District shall be considered terminated and all Employer Municipal benefits shall cease as from the effective date of the pension. (c) Absence due to sickness or disability resulting from an accident not covered under Article 22.02 shall not in itself constitute a cause for discharge of an employee, provided it is possible for such employee, in the opinion of two TWO (2) medical practitioners licensed to practice in the Province of British Columbia, to return to work within three THREE (3) months of such sickness or disability, and to carry on his/her the employee’s regular duties in the services of the EmployerDistrict. (d) If an employee is eligible to apply for WCB benefits but declines to apply or refuses WCB benefits, then any sick leave shall be paid at sixty percent (60%). If the employee receives a wage loss settlement from ICBC, for the accident or injury that happens on the job, the Employer shall be reimbursed.