Common use of WORKSAFE BC Clause in Contracts

WORKSAFE BC. (a) Employees absent from duty due to personal injury by accident arising out of and in the course of their employment, shall receive full salary during such absence for long as the Workers' Compensation Board remits their compensation allow- ance to the City. (b) Notwithstanding Subsection (a) above, employees absent from duty due to personal injury by accident arising out of and in the course of their employment, shall receive normal net take-home pay (as opposed to regular gross pay) for so long as the Workers' Compensation Board remits their time-loss compensation to the City. Normal net take home pay is defined as the employee’s regular net take-home wages to ensure that the non-taxable status of Worker’s Compensation benefits does not provide an opportunity for an injured worker to earn more while on claim than when they were working. All statutory and other deductions will be deducted (i.e. Income Tax, CPP, EI, Superannuation, Union Dues, Canada Savings Bonds, etc.) to determine total deductions that would normally occur if the employee had worked his/her scheduled shifts. With respect to CPP and EI deductions, if the employee is injured at the beginning of the year and had not reached the maximum for these two deductions, the deductions would continue until such time as the cap has been reached (i.e. approximately July). If the Employee is injured after the maximums have been reached and remains on WCB into the following year, the CPP and EI deductions would start again in January until the maximums have been reached even though WCB award payments do not attract CPP and EI deductions. This will ensure that the employee’s net pay is identical to his/her pay had he/she been working. (It is important to note that only the Employer Income Supplement is subject to CPP however in order to ensure identical net pay, an employee’s pay cheque will fluctuate by approximately $200.00 between January and June and July and December). In the event that an employee was acting in a higher capacity (pursuant to the provisions of Clause 9) at the time the injury was sustained, then "normal net take-home pay" shall be calculated based upon the rate in effect for the higher capacity class or rank. Similarly, in the event that an employee was scheduled to act in a higher capacity at any time during the period of the compensable absence, then for such period(s) that the employee was scheduled to so act, "normal net take-home pay" shall be retroactively calculated based upon the rate in effect for the higher capacity class or rank.

WORKSAFE BC. (a) Employees absent from duty due to personal injury by accident arising out of and in the course of their employment, shall receive full salary during such absence for long as the Workers' Compensation Board remits their compensation allow- ance allowance to the City. (b) Notwithstanding Subsection (a) above, employees absent from duty due to personal injury by accident arising out of and in the course of their employment, shall receive normal net take-home pay (as opposed to regular gross pay) for so long as the Workers' Compensation Board remits their time-loss compensation to the City. Normal net take home pay is defined as the employee’s regular net take-home wages to ensure that the non-taxable status of Worker’s Compensation benefits does not provide an opportunity for an injured worker to earn more while on claim than when they were working. All statutory and other deductions will be deducted (i.e. Income Tax, CPP, EI, SuperannuationMunicipal Pension, Union Dues, Canada Savings Bonds, etc.) to determine total deductions that would normally occur if the employee had worked his/her the employee’s scheduled shifts. With respect to CPP and EI deductions, if the employee is injured at the beginning of the year and had not reached the maximum for these two deductions, the deductions would continue until such time as the cap has been reached (i.e. approximately July). If the Employee is injured after the maximums have been reached and remains on WCB into the following year, the CPP and EI deductions would start again in January until the maximums have been reached even though WCB award payments do not attract CPP and EI deductions. This will ensure that the employee’s net pay is identical to his/her the employee’s pay had he/she the employee been working. (It is important to note that only the Employer Income Supplement is subject to CPP however in order to ensure identical net pay, an employee’s pay cheque will fluctuate by approximately $200.00 between January and June and July and December). In the event that an employee was acting in a higher capacity (pursuant to the provisions of Clause 9) at the time the injury was sustained, then "normal net take-home pay" shall be calculated based upon the rate in effect for the higher capacity class or rank. Similarly, in the event that an employee was scheduled to act in a higher capacity at any time during the period of the compensable absence, then for such period(s) that the employee was scheduled to so act, "normal net take-home pay" shall be retroactively calculated based upon the rate in effect for the higher capacity class or rank.