July 1, 2012
and still in effect
Return to Work
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 41of 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.