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Pay Equity Payments for Eligible Employees in Receipt of WCB Benefits

 

A decision was made to provide pay equity adjustment payments to eligible employees who were in receipt of Workers Compensation Benefits during the period covered by the Agreement, March 8, 1985 to July 28, 1998.

The purpose of this bulletin is to describe the process to be followed to effect these payments. The following guidelines will be applied:

1. Short-term absences (on sick leave with pay)

Employees who continued to receive their full salary while on paid injury-on-duty leave have already received their pay equity adjustment payment.

2. Short-term absences (on sick leave without pay)

Eligible employees who were on leave without pay as a result of a work-related injury and who were in receipt of injury compensation benefits directly from a provincial Workers' Compensation Board, will be considered as being at work for the purposes of calculating the appropriate pay equity adjustments. These taxable payments will be requested by the respective employing departments.

3. Workers' Compensation Boards Pension benefits

Employees who received and/or are still in receipt of salary replacement pensions directly from provincial Workers' Compensation Boards, will be entitled to:

a. Period prior to March 8, 1985

Employees who suffered an injury prior to March 8, 1985 and whose compensation claim continued after March 8, 1985, will receive a pay equity adjustment payment for only that portion of their claim that ran from March 8 onwards.

b. Period of March 8, 1985 to July 28, 1998

Employees will receive a pay equity adjustment payment and not an adjustment to their WCB pension benefits.

c. Period of July 29, 1998 to present

Pay equity amounts that were incorporated into basic rates of pay effective July 29, 1998 are considered to be retroactive salary increases as of that date. Therefore, workers compensation benefits determined on or after July 29, 1998 may have to be recalculated to reflect such increases. Claimants should contact the appropriate Workers Compensation Board / Commission to request a review of their file.

d. DI / LTD - Period from July 29, 1998 to present

A change in WCB benefits on or after July 29, 1998 due to a salary increase may impact an employee's Disability Insurance (DI) or Long-term Disability (LTD) Insurance benefits, which are reduced by other disability income the claimant receives.

Departmental Compensation Managers must inform the appropriate insurer, Sun Life Assurance Company in the case of the DI plan and National Life in the case of the LTD plan, if they become aware of such a case. Claimants should also be reminded to contact the insurer with information related to a change in their monthly WCB benefits. In all instances, a copy of the detailed explanation letter provided by the provincial Worker's Compensation Board should be forwarded to the insurer.

4. Administration

a. Treasury Board Secretariat

The Treasury Board Secretariat will provide to the Corporate Occupational Safety and Health (OSH) Services in each department an initial list of records of Claimants who have had an approved claim for the period of March 8, 1985 to July 28, 1998. These records have been matched with the HRDC electronic database.

b. Departments

The Corporate OSH Services in each department will verify the information for accuracy, modify it where necessary and transmit it to their respective departmental Compensation Managers for processing. Compensation managers will be advised of the processing details via a separate bulletin from the TBS Pay Administration Division.

c. Public Works and Government Services Canada

PWGSC will process the payments based on the information provided by the departmental compensation managers.

Fernand Lamarche

 

Director
Safety, Health & Employee Services Group
Human Resources Branch

Camille Therriault-Power

 

Director,
Pay Equity Group
Human Resources Branch

c.c. Compensation Managers