Employer's Obligation to Re-Employ - Overview
December 31, 2010 - June 30, 2012
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.
This policy provides direction to employers and assists workers in understanding their obligations and role in the re-employment process.
This policy sets out what the fundamental principles of the re-employment obligation are under section 41 of the Act, clarifying when section 41 applies to an employer, how the number of workers regularly employed will be calculated, what the re-employment obligation is, when a worker is medically unable to work, and what is suitable employment.
Determining the Status of a Person
Loss of Earnings Benefits
Merits and Justice of the Case
Return to Work - Overview
Duty to Co-Operate, Part 1 of 4: Early and Safe Return to Work Plans
Duty to Co-Operate, Part 2 of 4: Roles and Responsibilities
Duty to Co-Operate, Part 3 of 4: Functional Abilities
Duty to Co-Operate, Part 4 of 4: Penalities for Non Co-Operation
Mitigation of Loss
Alternative Employment Comparable to Pre-injury Employment
Accommodating Work or a Workplace
Compliance with the Re-Employment Obligation
Re-Employment Penalties and Payments
Termination After Re-Employment
Re-Employment Provisions of Collective Agreements
Relocation of Injured Workers
Vocational and Academic Assistance for Surviving Spouse
Determining Suitable Employment & Earnings Capacity Loss