Workplace Injury Accommodation Practice

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1 Workplace Injury Accommodation Practice Safety, Health, Environment & Effective January 1, 2010 for the following employee groups: Brantford Staff Canadian Union of Public Employees Management Special Constable Service United Food & Commercial Workers International Alliance of Theatrical Stage Employees Effective July 1, 2011 for: Wilfrid Laurier University Staff Association Effective: January 1, 2010 Revised: June 20, 2012 Revision: 03 WILFRID LAURIER UNIVERSITY

2 1. Introduction The Workplace Safety and Insurance Act, Occupational Health and Safety Act, and Human Rights and Employment Legislation, articulate a diverse set of rights, responsibilities and accountabilities for the prevention of workplace accidents and the accommodation of individuals within the workplace. In meeting these obligations, the University needs to adopt a consistent approach when managing absences relating to disability in order to ensure the early and safe return to work of employees. 2. Scope This practice applies to any employee who is unable to perform his/her regular duties due to a workplace illness or injury as well as when suitable work is available that allows them to work within the restrictions provided by the treating health professional or the WSIB. 3. Purpose To clearly define the claims management process for WSIB Lost Time and the workplace injury accommodation process (modified work), further to the provisions set forth in the Wilfrid Laurier University Return to Work Program. 4. Definitions a) Employee A paid employee of Wilfrid Laurier University. b) Temporary Modified Work Any job, task, function or combination thereof that an employee who suffers a partial disability or diminished capacity, may perform safely, without risk of reinjury or exacerbation of the existing injury, on a temporary basis. It may include work normally performed by others belonging to different collective agreement, as well as work specifically designated as a modified work program. c) Permanent Modified Work Consists of modifying the pre-accident job, relocating an employee to a suitable existing position as soon as it becomes available, or modifying the workplace as required. Page 1 Revision Date: June 20, 2012 WILFRID LAURIER UNIVERSITY

3 d) Health Professional A treatment provider who is regulated and licensed to practice health care in Ontario. e) Transitional Return to Work Program (TRTWP) A TRTWP is based on objective medical documentation that is time limited (per individual circumstances), and results in the return of an employee to their preinjury job. f) Workplace Safety and Insurance Board (WSIB) The WSIB is a Provincial Agency responsible for administering work related claims following a workplace injury. g) WSIB Injury An injury or illness which occurs at work and requires health care. h) Supervisor/Manager The individual to whom an employee directly reports. i) WSIB Lost Time A period of absence from the workplace due to a workplace injury, which has been approved by the WSIB. 5. WSIB Lost Time Compensation During WSIB Lost Time If time is missed from work due to a work-related injury or illness, workers will be compensated for WSIB loss of earnings (LOE). These benefits start on the working day following the workplace injury or illness. The calculation of LOE benefits depends on the date the injury occurred. For accidents occurring after January 1, 1998, workers are compensated for 85% of their net wages (WSIB Policy # ). Approved LOE benefits will be paid through the regular WLU payroll cycle at 85% of the employee s net wages. WSIB lost time must be supported by medical documentation approving the absence beginning the first day following the workplace injury. This medical documentation must be obtained the first day of the absence and submitted to the university as soon as possible. Page 2 Revision Date: June 20, 2012 WILFRID LAURIER UNIVERSITY

4 Employee Benefits During WSIB Lost Time During an approved WSIB lost time leave, employers must continue to contribute to worker benefits (i.e. health care, life insurance benefits, pension benefits etc., WSIB Policy # ) for a period of up to one year after the date of injury in accordance with the provisions of the Workplace Safety and Insurance Act. Continuation of benefits past the one year minimum will be handled as per the applicable collective agreement or handbook. However, vacation and sick credits are not considered worker benefits for purposes of the Workplace Safety and Insurance Act (WSIB Policy # ). Accrual of vacation and sick credits will cease during WSIB lost time as per the applicable collective agreement. An employee is also required to continue to pay his/her contributions to the applicable benefits programs while they are absent from work on an approved WSIB leave. WSIB Reporting Before a decision to provide LOE benefits can be made by the WSIB, workers must make a claim for benefits (WSIB Policy # ). This is achieved by submitting a Worker s Report of Injury/Disease (Form 6) to the WSIB following a workrelated injury or illness. This form provides the WSIB with details regarding how the injury or illness occurred. It also provides information needed to make decisions regarding a claim and then process the claim. When a Form 6 is completed and submitted, it notifies WSIB that a worker is claiming benefits for a work-related accident. A Form 6 will be forwarded to the worker by mail from the WSIB. These forms can also be accessed on the WSIB website at The WSIB must also receive a Form 7, Employers Report of Injury/Disease (WSIB policy # ) and a Form 8, Health Professional s Report (WSIB Policy # ) in order to determine the eligibility of a claim. Sick Leave During WSIB Lost Time If a worker contracts an illness that is unrelated to the workplace injury, LOE benefits will continue as long as the worker is still unable to work due to the workplace injury (WSIB Policy # ). If the workplace injury no longer impedes a worker from returning to work, but the worker is still ill, WSIB LOE benefits will cease. Workers must then follow the provisions of their respective collective agreement or handbook. Human Resources shall notify the Environmental/Occupational Health & Safety office upon receipt of the medical documentation. Page 3 Revision Date: June 20, 2012 WILFRID LAURIER UNIVERSITY

5 Vacation Leave During WSIB Lost Time A worker may request up to 3 weeks vacation time per year (WSIB Policy # ). Vacation time may be approved if the worker and the WSIB decision-maker agree upon the time of the vacation, and it does not place a barrier to recovery efforts i.e. inability to attend physiotherapy treatments. LOE benefits will continue during the vacation period. Vacation periods booked and approved by Laurier, prior to a workplace injury, will be cancelled and the absence will be recorded as WSIB lost time. 6. Temporary Modified Work Modified work is work that is offered when a worker is able to return to work following a workplace injury, but is unable to perform all of the duties of the preinjury job without assistance. It includes any modification of the pre-injury job that enables a worker safely to return to work. It may involve a modification to tasks, function, hours of work, workload, work site, equipment or a combination of these. It may also include work normally performed by others belonging to another collective agreement, as well as work specifically designated as a modified work program. On-the-job training will be given prior to the commencement of work, if required. Modified duties will be documented in a Transitional Return to Work Plan (refer to the Wilfrid Laurier University Return to Work Program). Temporary modified work will be provided when the medical prognosis indicates that a worker will be disabled from performing his/her regular duties, for a period defined by the treating health professional. Pre-injury duties will resume at the end of this predefined period. Employees will provide Wilfrid Laurier University with medical documentation, preferably in the form of a Laurier Functional Abilities Form, to support the need for temporary modified work (refer to the Wilfrid Laurier University Return to Work Program). Page 4 Revision Date: June 20, 2012 WILFRID LAURIER UNIVERSITY

6 Compensation During Temporary Modified Work As stated above, modified work may include a modification to a worker s working hours. Workers working will be compensated by Laurier for the actual hours worked. The remaining hours of their regular shift will be compensated by Laurier as WSIB LOE benefits. Approved WSIB LOE benefits will be paid through the regular Laurier payroll cycle at 85% of the employee s net wages. For example, if a worker normally works an eight hour shift, but is working a reduced five hour shift, the worker will be compensated for five regular hours and the remaining three hours will be compensated as WSIB LOE benefits at 85% of net wages. *Refer to Appendix A for compensation practices specific to employee group. Medical Appointments During Temporary Modified Work All medical appointments attended while participating in temporary modified work, or after returning to regular pre-injury duties, are to be scheduled outside working hours. Wilfrid Laurier University will incur the cost of completion for Functional Abilities Forms required for participation in temporary modified work (refer to the Wilfrid Laurier University Return to Work Program for more information on Functional Abilities Forms). Overtime Work During Temporary Modified Work *Refer to Appendix A for overtime practices specific to employee group. While participating in modified work, employees must not exceed the restrictions provided by the treating health professional. If an assigned duty requires exertion beyond the provided restrictions, an employee shall ask for assistance or decline the duty and report it to their supervisor. Duration of Temporary Modified Work When the predetermined temporary modified work period has expired, as specified by the treating health professional, an employee will return to their regular preinjury duties/hours. Extension of temporary modified work requires further written documentation from the treating health professional. Page 5 Revision Date: June 20, 2012 WILFRID LAURIER UNIVERSITY

7 Sick Leave During Temporary Modified Work While participating in a temporary modified work program, any absence from work due to an illness which is unrelated to the worker s workplace injury will follow the provisions of the worker s respective collective agreement or handbook. Human Resources shall notify the Environmental/Occupational Health & Safety office upon receipt of the medical documentation. Workers working as part of temporarily modified work program shall take sick leave equivalent to their regular hours prior to the workplace injury. Vacation Leave During Temporary Modified Work for Reduced Hours A worker may request up to 3 weeks vacation time per year. Vacation time may be approved if the worker, their manager, and the WSIB decision-maker agree upon the time of the vacation, and if it does not interfere with the worker's ability to fulfill any of their obligations. Vacation entitlement must also be taken in accordance with the respective collective agreement or handbook. Workers will be compensated by Laurier for vacation hours equivalent to their regular hours prior to the workplace injury. 7. Permanent Modified Work Permanent modified work will be established when permanent restrictions have been defined by the WSIB and an employee is no longer able to perform the regular duties of his/her pre-injury job. If it is determined that an employee is incapable of performing the essential duties of his/her pre-injury position, on a permanent basis, a permanent alternate position may be given to the employee. The employee will receive the wage rate of the alternate position to which they are assigned Employees performing permanent modified work for are only eligible for over-time hours with the provision of medical evidence supporting their ability to safely work the hours and perform the duties associated with the available overtime. Page 6 Revision Date: June 20, 2012 WILFRID LAURIER UNIVERSITY

8 CUPE & WLUSA For accidents occurring after January 1, 2010 APPENDIX A Compensation Following a WSIB Workplace Injury - Effective January 1, 2010 Full Lost Time Day 85% of net salary paid by University with top-up of 15% from sick benefits if available. Actual hours worked are compensated with regular wages. Remaining hours of the regular shift (absent hours) will be compensated at 85% of net salary paid by University with top-up of 15% from sick benefits if available. For accidents occurring before January 1, 2010 Compensation Following a WSIB Workplace Injury Full Lost Time Day 100% of salary paid by University for regularly scheduled hours. Modified work 100% of salary paid by University for regularly scheduled hours. Overtime Work Following all WSIB Workplace Injuries - Effective July 1, 2009 regular hours Employees must provide medical documentation (i.e. Functional Abilities Form) stating working overtime hours will not delay recovery. If an essential duty of the overtime work is not within the physical restrictions of the injured employee, overtime will not be Overtime hours will not be offered at the end of an injured worker reduced shift in order to ensure physical restrictions are not exceeded. Overtime hours can be offered on regularly unscheduled days (i.e. weekends) however employees must provide medical documentation (i.e. Functional Abilities Form) stating working overtime hours will not delay recovery. If an essential duty of the overtime work is not within the physical restrictions of the injured employee, overtime will not be Page 7 Revision Date: June 20, 2012 WILFRID LAURIER UNIVERSITY

9 UFCW, SPECIAL CONSTABLE SERVICE, BRANTFORD CAMPUS & MANAGEMENT For accidents occurring after January 1, 2010 Compensation Following a WSIB Workplace Injury - Effective January 1, 2010 Full Lost Time Day 85% of net salary paid by University for regularly scheduled hours. Actual hours worked are compensated with regular wages. Remaining hours of the regular shift (absent hours) will be compensated at 85% of net salary paid by University. For accidents occurring before January 1, 2010 Compensation Following a WSIB Workplace Injury Full Lost Time Day 100% of salary paid by University for regularly scheduled hours. Modified work () 100% of salary paid by University for regularly scheduled hours. Overtime Work Following all WSIB Workplace Injuries - Effective June 4, 2010 Employees must provide medical documentation (i.e. Functional Abilities Form) stating working overtime hours will not delay recovery. regular hours If an essential duty of the overtime work is not within the physical restrictions of the injured employee, overtime will not be Overtime hours will not be offered at the end of an injured worker reduced shift in order to ensure physical restrictions are not exceeded. Overtime hours can be offered on regularly unscheduled days (i.e. weekends) however employees must provide medical documentation (i.e. Functional Abilities Form) stating working overtime hours will not delay recovery. If an essential duty of the overtime work is not within the physical restrictions of the injured employee, overtime will not be Page 8 Revision Date: June 20, 2012 WILFRID LAURIER UNIVERSITY

10 WLUFA & IATSE For all accidents Compensation Following a WSIB Workplace Injury Full Lost Time Day Modified work () 100% of salary paid by University for regularly scheduled hours. 100% of salary paid by University for regularly scheduled hours. Overtime Work Following a WSIB Workplace Injury - Effective June 4, 2010 regular hours Employees must provide medical documentation (i.e. Functional Abilities Form) stating working overtime hours will not delay recovery. If an essential duty of the overtime work is not within the physical restrictions of the injured employee, overtime will not be Overtime hours will not be offered at the end of an injured worker reduced shift in order to ensure physical restrictions are not exceeded. Overtime hours can be offered on regularly unscheduled days (i.e. weekends) however employees must provide medical documentation (i.e. Functional Abilities Form) stating working overtime hours will not delay recovery. If an essential duty of the overtime work is not within the physical restrictions of the injured employee, overtime will not be Page 9 Revision Date: June 20, 2012 WILFRID LAURIER UNIVERSITY

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