ARTICLE 34 – INJURY ON DUTY
34.01 A teacher who is unable to perform duties because of a personal injury received in the performance of those duties shall be entitled to receive benefits in accordance with the Workplace Health, Safety and Compensation Act. However, in the event that Section 81 of the Workplace Health, Safety and Compensation Act is amended or repealed so as to permit a Collective Agreement to provide for compensation in excess of the levels provided under the Act, the parties agree that the provisions of Clause 34.01 to 34.05 inclusive, as contained in Schedule I of this Agreement, which are permissible under that legislation shall then be in full force and effect as of the effective date of such amendment or repeal.
34.02 A teacher who is approved for temporary earnings loss (TEL) benefits from the Workplace Health, Safety and Compensation Commission after the date of signing of this agreement will be considered to be in receipt of full salary for the purpose of benefits under this Agreement. A teacher who is approved for full extended earnings loss (EEL) benefits from the Workplace Health, Safety and Compensation Commission after the date of signing of this agreement shall no longer accumulate benefits under this agreement but shall have his or her position, or a comparable position with the employer protected for two (2) calendar years following the date of such approval, immediately following which his or her employment shall be terminated, subject to the Human Rights Act.
34.03 A teacher who is unable to perform his/her regular duties as a result of injury will be employed in another vacant position which the teacher is capable of filling. First consideration for such placement will be to vacant positions which may exist in the teacher’s designated school.