PART IIIStandard Hours, Wages, Vacations and Holidays (continued)
DIVISION XIII.1Work-related Illness and Injury
239.1 (1) Subject to subsection (4) and to the regulations made under this Division, no employer shall dismiss, suspend, lay off, demote or discipline an employee because of absence from work due to work-related illness or injury.
Marginal note:Employer’s obligation
(2) Every employer shall subscribe to a plan that provides an employee who is absent from work due to work-related illness or injury with wage replacement, payable at an equivalent rate to that provided for under the applicable workers’ compensation legislation in the employee’s province of permanent residence.
Marginal note:Return to work
(3) Subject to the regulations, the employer shall, where reasonably practicable, return an employee to work after the employee’s absence due to work-related illness or injury.
(4) An employer may assign to a different position, with different terms and conditions of employment, any employee who, after an absence due to work-related illness or injury, is unable to perform the work performed by the employee prior to the absence.
Marginal note:Benefits continue
(5) The pension, health and disability benefits and the seniority of an employee who is absent from work due to work-related illness or injury shall accumulate during the entire period of the absence.
Marginal note:Contributions by employee
(6) Where contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (5), the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any absence due to work-related illness or injury unless, at the beginning of the absence or within a reasonable time thereafter, the employee notifies the employer of the employee’s intention to discontinue contributions during that period.
Marginal note:Contributions by employer
(7) An employer who pays contributions in respect of a benefit referred to in subsection (5) shall continue to pay those contributions during an employee’s absence due to work-related illness or injury in at least the same proportion as if the employee were not absent, unless the employee does not pay the employee’s contributions, if any, within a reasonable time.
Marginal note:Failure to pay contributions
(8) For the purposes of calculating the pension, health and disability benefits of an employee in respect of whom contributions have not been paid as required by subsections (6) and (7), the benefits shall not accumulate during the absence, and employment on the employee’s return to work shall be deemed to be continuous with employment before the employee’s absence.
Marginal note:Deemed continuous employment
(9) For the purposes of calculating benefits, other than benefits referred to in subsection (5), of an employee who is absent from work due to work-related illness or injury, employment on the employee’s return to work shall be deemed to be continuous with employment before the employee’s absence.
(10) The Governor in Council may make regulations for carrying out the purposes of this Division and, without restricting the generality of the foregoing, may make regulations
(a) for determining the duration of the employer’s obligation under subsection (3);
(b) providing terms and conditions applicable to the employer under subsections (1) and (3) in the event of any termination of employment, lay-off or discontinuance of a function in an industrial establishment; and
(c) providing for any other terms and conditions respecting the application of subsection (3).
Marginal note:Application of section 189
(11) Section 189 applies for the purposes of this Division.
- 1993, c. 42, s. 33
- 2001, c. 34, s. 23(F)
DIVISION XIII.2Long-term Disability Plans
Marginal note:Employer’s obligation
239.2 (1) Every employer that provides benefits to its employees under a long-term disability plan must insure the plan with an entity that is licensed to provide insurance under the laws of a province.
(2) However, an employer may provide those benefits under a long-term disability plan that is not insured, in the circumstances and subject to the conditions provided for in the regulations.
- 2012, c. 19, s. 434
239.3 The Governor in Council may make regulations respecting long-term disability plans, including regulations
(a) specifying what constitutes a long-term disability plan; and
(b) specifying the circumstances and conditions referred to in subsection 239.2(2).
- 2012, c. 19, s. 434
DIVISION XIVUnjust Dismissal
(1.1) A person shall not make a complaint under subsection (1) if they have made a complaint that is based on substantially the same facts under either subsection 246.1(1) or 247.99(1), unless that complaint has been withdrawn.
Marginal note:Time for making complaint
(2) Subject to subsection (3), a complaint under subsection (1) shall be made within ninety days from the date on which the person making the complaint was dismissed.
Marginal note:Extension of time
(3) The Head may extend the period set out in subsection (2)
Marginal note:Reasons for dismissal
241 (1) If an employer dismisses a person described in subsection 240(1), the person who was dismissed or the Head may make a request in writing to the employer to provide a written statement giving the reasons for the dismissal, and any employer who receives such a request must provide the person who made the request with such a statement within 15 days after the request is made.
Marginal note:Head to assist parties
(2) On receipt of a complaint made under subsection 240(1), the Head must endeavour to assist the parties to the complaint to settle the complaint.
Marginal note:Complaint not settled within reasonable time
(3) If a complaint is not settled under subsection (2) within the period that the Head considers to be reasonable in the circumstances, the Head must, on the written request of the person who made the complaint that the complaint be referred to the Board, deliver to the Board the complaint made under subsection 240(1), any written statement giving the reasons for the dismissal provided under subsection (1) and any other statements or documents that the Head has that relate to the complaint.
(4) If the person who made the complaint does not reply to a written communication from the Head within a period that the Head considers to be reasonable in the circumstances and a period of at least 30 days, or any longer period that may be prescribed by regulation, have elapsed from the day on which the complaint was made, the Head may give written notice to the person who made the complaint that they have the period of 30 days, or any longer period that may be prescribed by regulation, set out in the notice to make a written request that the complaint be referred to the Board.
Marginal note:Time limit
(5) Subject to the regulations, if the person who made the complaint does not, within the period set out in the notice, make a written request that the complaint be referred to the Board, the Head may deem the complaint to be withdrawn.
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