Re-employment Penalties and Payments

June 30, 2012 - June 30, 2022

RE-07-2

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 explains the penalty provisions set out in sections 41(14) and (15) of the Act for employer non-compliance with their re-employment obligations under section 41 as well as the applicable penalty provisions under section 40 for employer non-cooperation in the duty to co-operate in return to work (see YWCHSB policy RE-02-2, “Duty to Cooperate, Part 4 of 4: Penalties for Non Co-operation”).