Common use of WORKERS’COMPENSATION Clause in Contracts

WORKERS’COMPENSATION. 26.01 Where an employee is absent due to illness or injury which is compensable by Workers' Compensation, the following shall apply: a. The Employer shall continue to pay its share of any and all health and welfare benefits for the month in which the absence commences and for the following two (2) months; b. Subsequent to the period referred to in (a) above, benefit coverage may be continued by the employee, provided the employee pays the total cost of the premiums to the Employer for each monthly period during the absence; c. An employee will not be eligible for paid holidays, sick leave, uniform allowance, or any other benefits of this Agreement, except where specified otherwise, during any absence covered by Workers' Compensation; d. Provided that an employee returns to work within fifty-two (52) consecutive weeks of the date of illness or injury, time spent on Workers' Compensation shall be considered as time worked for the purpose of calculating the current year's vacation entitlement under the terms of the Agreement. 26.02 In the case of an absence due to a compensable accident, where the anticipated length of such absence is four (4) months or more, the Employer will post notice of the vacancy in accordance with the job posting procedure (Article 14.02) of this Agreement. Where the anticipated absence is less than four (4) months, the Employer may fill the position at its discretion. 26.03 The injured employee shall have a period of two (2) years from the date of the injury within which he shall preserve the seniority which he has accrued up to the time of the accident and within which he shall have the right to return to work upon the recommendation of the Workers' Compensation Board or the attending physician, which shall indicate to the Employer that the employee has the physical capability to perform his normal job. 26.04 If an employee returns to work within the two (2) year period mentioned in Article 26.03 above, he shall be returned to his former job, or to work of a comparable nature at the same salary level and without loss of seniority or benefits accrued to the date of injury. (This would be affected by the returning employee displacing the employee with the least seniority in the category to which he is returning). 26.05 If, on the recommendation of the Workers' Compensation Board or the attending physician the employee is capable only of performing work of a different kind, or of a lighter nature, and such work is available within the Retirement Residence, in a classification which is covered by this Agreement, then the returning employee may exercise his seniority by bumping into the job, at the applicable salary level, displacing the employee with the least seniority in the classification.