Compliance with the Re-employment Obligation

Compliance with the Re-employment Obligation

Effective Dates

June 30, 2012 - June 30, 2022

Policy Code

RE-07-1

General Information

Return to work is a proactive approach to helping injured workers return to safe and productive work activities as soon as it is physically possible. It is a partnership involving employers, workers, health care providers, unions (where applicable) and the Yukon Workers’ Compensation Health and Safety Board (YWCHSB). Section 41 of the Workers’ Compensation Act, S.Y. 2008 (the “Act”) sets out a new re-employment obligation that applies to certain employers. An employer who regularly employs 20 or more workers is obligated to re-employ an injured worker if that injured worker has been employed continuously with that employer for at least one year prior to the work-related injury, in accordance with the various provisions set out in section 41. These provisions apply to injuries occurring on or after January 1, 2011.

 

Purpose

This policy provides direction to employers and assists workers in understanding their obligations and role in the re-employment process.

This policy addresses issues concerning when an employer, who has a re-employment obligation, is in compliance with the re-employment provisions of section 41 as well as addressing how to determine the duration of the re-employment obligation.

Compliance with the Re-Employment Obligation

December 31, 2010 - June 30, 2012 | RE-07-1 | Policies prior to July 1, 2022

Merits and Justice of the Case

June 30, 2008 - December 16, 2013 | EN-02 | Policies prior to July 1, 2022

Return to Work - Overview

June 30, 2012 - June 30, 2022 | RE-01 | Policies prior to July 1, 2022

Duty to Cooperate Part 1 of 4: Early and Safe RTW Plans

June 30, 2012 - June 30, 2022 | RE-02-1 | Policies prior to July 1, 2022

Duty to Cooperate Part 2 of 4: Roles and Responsibilities

June 30, 2012 - June 30, 2022 | RE-02-2 | Policies prior to July 1, 2022

Duty to Cooperate Part 3 of 4: Functional Abilities

June 30, 2012 - June 30, 2022 | RE-02-3 | Policies prior to July 1, 2022

Duty to Cooperate Part 4 of 4: Penalties for Non Cooperation

June 30, 2012 - June 30, 2022 | RE-02-4 | Policies prior to July 1, 2022

Mitigation of Loss

June 30, 2012 - June 30, 2022 | RE-03 | Policies prior to July 1, 2022

Employer's Obligation to Re-employ - Overview

June 30, 2012 - June 30, 2022 | RE-04 | Policies prior to July 1, 2022

Alternative Employment Comparable to Pre-Injury Employment

June 30, 2012 - June 30, 2022 | RE-05 | Policies prior to July 1, 2022

Accommodating Work or a Workplace

June 30, 2012 - June 30, 2022 | RE-06 | Policies prior to July 1, 2022

Compliance with the Re-employment Obligation

June 30, 2012 - June 30, 2022 | RE-07-1 | Policies prior to July 1, 2022

Re-employment Penalties and Payments

June 30, 2012 - June 30, 2022 | RE-07-2 | Policies prior to July 1, 2022

Termination After Re-employment

June 30, 2012 - June 30, 2022 | RE-07-3 | Policies prior to July 1, 2022

Re-employment Provisions of Collective Agreements

June 30, 2012 - June 30, 2022 | RE-08 | Policies prior to July 1, 2022

Relocation of Injured Workers

June 30, 2012 - June 30, 2022 | RE-09 | Policies prior to July 1, 2022

Vocational Rehabilitation

June 30, 2012 - June 30, 2022 | RE-10 | Policies prior to July 1, 2022

Vocational and Academic Assistance for Surviving Spouse

June 30, 2012 - June 30, 2022 | RE-11 | Policies prior to July 1, 2022

Employment Readiness

June 30, 2012 - June 30, 2022 | RE-12 | Policies prior to July 1, 2022

Determining Suitable Employment & Earnings Capacity Loss

June 30, 2012 - June 30, 2022 | RE-13 | Policies prior to July 1, 2022