CUPE Health Care Workers' Council of Unions

ARTICLE 32 - WORKERS' COMPENSATION

32.01 Workers' Compensation

When an Employee is injured in the performance of his/her duties or incurs an industrial illness during working hours, and the accident or illness is compensable under the provisions of the Worker's Compensation Act, the Employer shall pay to the Employee an amount equivalent to his/her total gross earnings, inclusive of the Worker's Compensation Board payments, less an amount equal to his/her normal deductions for a period not to exceed one (1) year. In no event shall the amount received by the Employee be less than the amount remitted to the Employer by the Worker's Compensation Board.

The Worker's Compensation cheque shall be made payable to the Employer(s) for the first year. For the purpose of determining total gross earnings for Employees, all earnings earned within the fifty-two (52) week period prior to the absence shall be considered and prorated in accordance with the length of absence.

Pending approval of the claim through the Worker's Compensation Board, an Employee shall receive advances up to the amount of his/her normal earnings less deductions, provided, however, that the Employer in its discretion may limit such advances to the amount of his/her sick leave benefits as at the commencement of his/her injury or illness. Proof of injury/illness as per WCB requirements will be required prior to advances being made.

The following process will be followed until the claim is adjudicated:

a) On the date of injury the Employee will be paid sick time for all time lost.

b) The Employee shall be granted an advance of up to his/her accumulated sick leave credits.

c) Should the Employee exhaust his/her sick leave credits, the Employee may apply for Employment Insurance Benefits and/or Disability Income Plan Benefits.

d) Upon the request of the Employee during the waiting period for Employment Insurance, the Employer shall advance the Employee's salary up to the value of the Employee's vacation credits or banked time.

Should the Employee's claim be allowed by Worker's Compensation, DIP payments shall be recovered by the SAHO through the WCB payments to the Employee. Recovery of any Employment Insurance Benefit will be the responsibility of the Employment Insurance Commission.

Employees absent as a result of a compensable accident or illness under this Article shall not earn Statutory Holidays but for the first year shall accrue sick leave credits and vacation credits. However, vacation credits accrued during receipt of WCB benefits may only be accessed once such Employee has returned to regular employment outside the auspices of a graduated return to work program sponsored by the WCB.

At the request of the Employee, the Employer shall provide documentation of proof of Worker's Compensation payments made to the Employer on behalf of the Employee during any given year.

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CUPE Health Care Workers' Council of Unions
3725E Eastgate Drive
Regina, Sask
S4X 1A5

Phone: 1-306-546-2185
Fax: 306-781-8177
Email: Gordon Campbell, President