A Uniform members WSIB entitlements are as per Article 9.05 of the January 1, 2015 to December 31, 2018 Uniform Collective Agreement (UCA) as below:
9.05 (a) – 100% Salary for first 30 calendar days (from the date of injury/illness) while Workplace Safety Insurance Board (WSIB) adjudicates the claim.
9.05 (b) – Award – Effective November 1, 2016 – 100% salary for two years (from the date of injury/illness) continuous working days or accumulation of several absences.
9.05 \c) Effective November 1, 2016 salary payments under Article 9.05 b) shall be reduced to the extent necessary to provide that an employee’s net earnings equal one hundred percent (100%) of his or her net earnings to the commencement of his or her absence.
9.05 (d) – Provision to top up the WSIB award with accumulated credits if member remains off beyond the period of time as per 9.05 (b).
9.05(e) – Provision to use STSP credits beyond the period of time as per 9.05 (b).
NOTE: As per Kaplan Award May 6, 2019 – Article 9.05(b) of the Uniform collective agreement, and Article 15.02 of the Civilian collective agreement address the top-up provided to members who are in receipt of WSIB benefits.
I award that the two-year top up limitation in the Uniform collective agreement and one-year top up limitation in the Civilian collective agreement be removed and replaced with a top up period for the duration of the member’s receipt of WSIB benefits. The articles otherwise remain the same. This provision will become effective September 1, 2019.
Your local OPP Association representative will assist members at their request, protecting the member’s interests; providing sound practical advice, ensure confidentiality, attend meetings regarding employment accommodation and return to work, and work with the employer to try and resolve the matter locally. The local representative may contact an Executive Officer at the OPP Association Head Office for advice as required.
The employer may request a member to attend an IME if the member has supplied insufficient or unclear medical, conflicting medical information or work performance issues are attributed to health conditions (physical, psychological, behavioural problems, substance abuse, etc.)
If the employer requests a member attend an IME, the member should contact their local OPPA representative or an Executive Officer at 705-728-6161, 1-800-461-4282 or at oppa@oppa.ca
If the member feels that the HIF has been requested prematurely or additional questions concern you, contact your local OPP Association Representative. Your local representative will provide advice and if necessary contact an Executive Officer at OPP Association Head Office.
The employer may request the member complete a HIF if the information on the medical certificate is insufficient or unclear; prolonged absences, temporary or permanent workplace accommodation is needed; performance issues that are suspected to be caused by a health condition (physical, psychological, behavioural problem, substance abuse is suspected and frequent STSP absences).
An accommodation can continue for as long as the need continues and the accommodation does not create undue hardship.
The employer has a duty to accommodate, i.e. make adjustments and/or modifications in work requirements, conditions or duties. The accommodation should be timely and respect the member’s accommodation and return to work needs. The employer should consider health related problems that affect attendance, maintain confidentiality of the employee’s medical information. Accommodation can be for religious reasons, sex/gender (pregnancy), and family status.
If Canada Life denies a member’s LTIP claim, they should contact the OPP Association at 705-728-6161, 1-800-461-4282 or at oppa@oppa.ca to discuss filing an appeal through the Joint OPPA LTIP Review Committee.
As per Section 10-(1) of the Public Service Pension Plan, a member’s pension contributions are based on the salary in effect on the date of disability and increased by the cost of living for each subsequent year they remain approved on LTIP.