Policy RE-07-1 - Compliance with the Re-employment Obligation

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Policies

Policy RE-07-1 - Compliance with the Re-employment Obligation

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Prior Policy

RE-07-1 - Compliance with the Re-Employment Obligation
Effective January 1, 2011 to July 1, 2012

Policy References

RE-01 - Return to Work - Overview
Effective July 1, 2012 and still in effect

RE-02-1 - Duty to Cooperate Part 1 of 4: Early and Safe RTW Plans
Effective July 1, 2012 and still in effect

RE-02-2 - Duty to Cooperate Part 2 of 4: Roles and Responsibilities
Effective July 1, 2012 and still in effect

RE-02-3 - Duty to Cooperate Part 3 of 4: Functional Abilities
Effective July 1, 2012 and still in effect

RE-02-4 - Duty to Cooperate Part 4 of 4: Penalties for Non Cooperation
Effective July 1, 2012 and still in effect

RE-03 - Mitigation of Loss
Effective July 1, 2012 and still in effect

RE-04 - Employer's Obligation to Re-employ - Overview
Effective July 1, 2012 and still in effect

RE-05 - Alternative Employment Comparable to Pre-Injury Employment
Effective July 1, 2012 and still in effect

RE-06 - Accommodating Work or a Workplace
Effective July 1, 2012 and still in effect

RE-07-1 - Compliance with the Re-employment Obligation
Effective July 1, 2012 and still in effect

RE-07-2 - Re-employment Penalties and Payments
Effective July 1, 2012 and still in effect

RE-07-3 - Termination After Re-employment
Effective July 1, 2012 and still in effect

RE-08 - Re-employment Provisions of Collective Agreements
Effective July 1, 2012 and still in effect

RE-09 - Relocation of Injured Workers
Effective July 1, 2012 and still in effect

RE-10 - Vocational Rehabilitation
Effective July 1, 2012 and still in effect

RE-11 - Vocational and Academic Assistance for Surviving Spouse
Effective July 1, 2012 and still in effect

RE-12 - Employment Readiness
Effective July 1, 2012 and still in effect

RE-13 - Determining Suitable Employment & Earnings Capacity Loss
Effective July 1, 2012 and still in effect

EN-02 - Merits and Justice of the Case
Effective July 1, 2008 to December 17, 2013

Effective Dates

July 1, 2012 and still in effect

Series

Return to Work

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.