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Designated public service employers

Procedure summary

Published On

Feb 20, 2024
Purpose

To manage the accommodation process for designated public service employers and provide appropriate and timely re-employment (RE) services to their workers, when required.

Description

The decision maker contacts the designated public service employer to determine whether they will be able to provide long-term or permanent accommodation within two weeks of the worker becoming job ready. When accommodation cannot be provided within that time period, the decision maker confirms:

  • The length of time the employer needs to find suitable accommodation.
  • The re-employment servicesRE services may include a resume, computer skills assessment, ESL (English as a Second Language) assessments, ergonomic assessment, workplace modifications, or training. available to assist with their accommodation process.
  • Whether the employer will keep the worker on full pay while investigating long-term or permanent accommodation.

During a discussion with the worker, the decision maker explains the options available (see the Key Information section) until the employer can provide long-term or permanent accommodations. Once the worker has made a decision about how to proceed, the decision maker shares the worker’s decision with the employer, arranges the appropriate wage loss benefits and referrals for re-employment services, if applicable.

The decision maker regularly reviews the worker’s updates and communicates with the employer to confirm progress is being made towards providing long-term or permanent accommodation. 

The worker is referred for full re-employment services if the employer has not identified long-term or permanent accommodation within two-years of the date the worker becomes job ready.

Key information

Designated public service employers include Government of Canada, including Canada Post; Government of Alberta; Alberta Health Services, which includes Covenant Health; City of Edmonton, City of Edmonton Police Service and City of Calgary.  

These employers follow set terms and conditions outlined within their collective bargaining agreement to accommodate workers with long-term or permanent work restrictions. This may result in unavoidable delays (up to two years) as the employer looks for safe return to work opportunities that align with the worker's work restrictions. While the employer looks for permanent accommodation, the worker remains eligible for full wage loss benefits. Additionally, select designated public service employers have collective bargaining agreements that allow more flexibility during the accommodation process. See the Select designated public service employers' section in the paragraph below for more information.

WCB collaborates with these employers to create a faster process for finding long-term or permanent work accommodation once an injured worker becomes job ready. The decision maker may consider re-employment servicesRE services may include a resume, computer skills assessment, ESL (English as a Second Language) assessments, ergonomic assessment, workplace modifications, or training. including a resume or to help negotiate modified work with the employer. 

When the accommodation process is prolonged, the worker has the option to 

  • Look for employment when the employer confirms accepting employment with another employer during the accommodation period will not sever their employment with them. Limited re-employment services are available to support the worker's job search including a resume and supported job search.
  • Await the prolonged period for accommodation. 
  • Sever their employment with their date-of-accident employer. In these cases, the decision maker ensures the worker has contacted their Human Resources Department and understands the impact of severing their employment and refers the worker for re-employment services to support them in their job search.
Select designated public service employers

Select designated public service employers have flexibility within their collective bargaining agreement that allow a worker to look for work during the accommodation process, without severing their employment. These select employers include: 

  • Covenant Health
  • City of Edmonton
  • City of Edmonton Police Service
  • City of Calgary 

The worker's job with any of these employers remains secure even if re-employment services begin, the worker starts looking for or accepts employment with another employer. This process benefits the worker and the employer as the worker is able to stay focused on returning to work and increasing their transferrable skills and experience. If the worker secures another job, it helps by reducing wage loss benefits while waiting for accommodation. The date-of-accident employer continues to have a duty to accommodate and explore suitable job options within the company, even if the worker is working with another employer for the interim.

When long-term or permanent accommodation is not provided within two years from the date the worker becomes job ready, the worker is entitled to full re-employment services.

Detailed business procedure

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1. Contact the employer to discuss long-term or permanent accommodation

When the worker becomes job ready, confirm if the employer will be able to provide a long-term or permanent position that accommodates the worker's work restrictions. Discuss the length of time the employer will need to find a suitable accommodation. See the 3-1 Modified work procedure for assistance with the negotiation process.

When long-term or permanent accommodation is available within the next two weeks, continue to pay temporary total disabilityPayment code TD01 benefits until the position starts. 

When the employer requires longer than two weeks to investigate long-term or permanent accommodation:

  • Confirm if they will keep the worker on full pay. 
  • Ask the employer if the worker can participate in re-employment services while the employer looks for accommodation. Discuss available re-employment services (i.e., resume, SJS, skilling-up services or other services or assessmentsAdditional RE services may include computer skills assessment, ESL (English as a Second Language) assessments, ergonomic assessment, workplace modifications, or training. that may be helpful to the accommodation process) and obtain the employer's agreement prior to making the referral.  
  • Ask the employer if the worker can accept work with another employer while awaiting accommodation without severing their employment. Confirm the contact information for someone in the Human Resources department the worker can reach out to if they have questions about their options.
  • Explain that an industry specialist will contact them to discuss accommodation.

Note: Select designated public service employers including Covenant Health, City of Edmonton, City of Edmonton Police Service and City of Calgary have flexibility within their collective bargaining agreement that allow a worker to look for work during the accommodation process, without severing their employment. For these employers, consider making a referral for re-employment services immediately.

Administrative tasks

Document details of the conversation in a file note (Employer Contact/Modified Work).

 

 

 

 

 

 

Complete the Industry Specialist Referral Form (FM555J) from the eCO Create Referral screen, if appropriate. Include all required and relevant information. 

 

Confirm if the employer has an obligation to reinstate employment (when date-of-accident is on or after September 1, 2018, up to and including March 31, 2021). Follow the 3-5 Obligation to reinstate employment procedure.

2. Contact the worker to discuss the accommodation process

Discuss the accommodation process with the worker and the expected time frame the employer needs to find suitable long-term or permanent accommodation.  

Explain the options available to the worker until their employer can provide a long term or permanent position that accommodates their work restrictions. Options include:

  • Looking for alternate work while awaiting accommodation, when this would not sever their employment with their date of accident employer.
  • Awaiting accommodation with their employer.
  • Severing employment with their employer.
  • Participating in re-employment services, if the employer is in agreement to start the services.

Note: Both the worker and the employer have a duty to cooperate in the return-to-work process. See the Duty to cooperate procedure. Once the duty to accommodate process begins, the worker and employer are responsible for remaining in contact once a month.

Agree on a reasonable length of time for the worker to consider the option and contact the worker at that time to discuss their decision. When the employer agreed to re-employment services, discuss the type of service and referrals. Send the appropriate letter confirming the plan.

The worker wants to wait for accommodation

When the worker decides to wait for their employer to provide accommodation, they are to remain in contact w Once the duty to accommodate process begins, worker and employer are responsible to maintain contact on a monthly basis.ith their employer once a month and provide an update to WCB on the status of the accommodation process every 90 days. 

Advise the worker whether the employer will keep them on full pay or whether the worker will receive wage loss benefits from WCB. Explain that the wage loss benefits are payable up to two years or until the employer provides long-term or permanent accommodation, whichever comes first.

The worker wants to look for work

When the worker decides to carry out a job search without severing their employment, refer them for a triage assessment. See the Triage assessment referral procedure.

Re-employment services available to workers employed by designated public service employers include a resume to help identify skills and experience to support negotiating modified work or to help secure permanent accommodation. Supported job search service may also be considered for up to 12 weeks.

Explain to the worker that while they look for work, they or their employer (if the employer is being paid on assignmentThe WCB is paying the employer for the worker's wage loss because the employer is keeping the worker on full pay.) will receive full benefits for up to two years or until the employer provides long-term/permanent accommodation, or the worker finds another job while awaiting accommodation, whichever is first.  

If the worker found a job or accepted employment with another employer, determine if the worker is eligible for a wage loss supplement, proceed to the next step to determine benefits payable.

The worker wants to sever employment

Confirm the worker has contacted their human resources department and understands the impact of severing their employment (e.g., benefits, pension, etc.).

Discuss the worker's eligibility for full re-employment services and refer the worker for a triage assessment if in agreement to participate. Do not proceed with this procedure. See the Triage assessment referral procedure.

If the worker found a job or accepted employment with another employer, determine if the worker is eligible for a wage loss supplement, proceed to the next step to determine benefits payable.

Administrative tasks

Document details of the conversation in a file note (Claimant Contact/Modified Work).

 

Send the FFW Emp Prolonged Accommodation (CL502D) letter to the worker and a copy to the employer.

 

 

 

 

 

 

 

Set a reminder task to call the worker on the agreed date to confirm the option they would like to proceed with.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The opportunity to conduct a job search or for full re-employment services remains open if the worker decides to sever their employment at a later date.

 

 

3. Issue the appropriate wage loss benefit

Determine and issue the appropriate wage loss benefit depending on the claim circumstance.

When long-term or permanent accommodation is available within the next two weeks, continue to pay temporary total disabilityPayment code TD01 benefits until the position starts. 

If the employer confirms:

  • They will keep the worker on full pay during the accommodation process, pay TD02 (temporary partial disability) benefits less no earnings to the employer.
  • They will not keep the worker on full pay during the accommodation process, pay a TPD (temporary partial disability) benefits less no earnings to the worker. 

If the worker finds another job while awaiting accommodation with their date of accident employer, adjust the wage loss benefits based on the actual earnings for the position. When the employer is paid on assignmentThe WCB is paying the employer for the worker's wage loss because the employer is keeping the worker on full pay., deduct the actual earnings from the TD02 payment. The wage loss based on the actual earnings is payable for up to two years or until a long-term/permanent accommodation is found, whichever is first. 

Obtain approval from the supervisor for the benefit payable. 

Administrative tasks

Send a file note (Wage Loss Supplement) to the supervisor requesting approval to pay wage loss based on the claim circumstance:

  • TD02 paid to the employer less no earnings or TD02 less actual earnings (if the worker finds another job while awaiting accommodation)
  • TPD paid to the worker less no earnings or less actual earnings (if the worker finds another job while awaiting accommodation)

Once approved, issue payment as appropriate. 

 

Follow the 8-1 Wage loss supplement final approval procedure.

4. Contact the employer to discuss the accommodation plan

Call the employer to confirm the plan and the option the worker decided on:

  • Looking for work without severing employment while awaiting accommodation. Explain what re-employment services will be provided to support the worker during their job search.
  • Awaiting the accommodation process. 
  • Severing employment. When the worker chooses to sever employment, discuss the next steps in the worker's plan, either full re-employment services or determining the worker's eligibility for a wage loss supplement.

Confirm the deadline for providing long-term or permanent accommodation. Explain that when accommodation is not provided within the two-year timeframe, the worker will be referred for full re-employment services.

When no active case management is required, transfer the file to the case assistant to monitor the accommodation process.  

Note: Depending on the claim circumstance, the decision maker may continue to monitor the accommodation process (i.e., the worker is participating in re-employment services).

Administrative tasks

Document the details of the conversation in a file note (Modified Work/Employer contact).

 

 

Send a file note (Case Assistant) to the case assistant outlining monitoring details including: 

  • Contact with the worker and employer every three months to discuss progress with the accommodation process.
  • Wage loss benefit typePay TD02 benefits less no earnings when the employer keeps the worker on full pay or, no earnings based TPD (temporary partial disability payment) when the employer does not keep the worker on full pay. payable during the duty to accommodate process.
5. Monitor the claim

Maintain contact with the worker and employer every three months to confirm the progress made in identifying suitable long-term or permanent accommodation for the worker. Continue to review any additional re-employment servicesAdditional RE services may include computer skills assessment, ESL (English as a Second Language) assessments, ergonomic assessment, workplace modifications, or training. that may be helpful to support an accommodation with them.

Set a new reminder task to review the claim at the twenty-three-month mark from the duty to accommodate start dateThe date the worker becomes job ready.. 

Transfer the file to the decision maker if:

  • The worker or employer confirms long term or permanent accommodation has been offered at any time within the two-year time frame.
  • No accommodation has been confirmed at the twenty-three-month mark.
  • The worker or employer stop participating in the accommodation process.  See the 3-3 Duty to cooperate procedure.  

Extension request

When an employer requests more time to identify permanent accommodation, determine if exceptional circumstancesExceptional circumstances may include the employer waiting for special equipment to be delivered, training to start on a certain date before the worker can start, or the department where the worker is being placed is closed (e.g., due to COVID) but is expected to re-open. justify the request. If the request is appropriate, forward a request to the supervisor or manager for approval. 

Action the supervisor's recommendations, when an extension is not approved. When the request is not appropriate or the employer indicates they will not be able to find long term or permanent accommodation, refer the worker for re-employment services. 

Administrative tasks

Document details of the conversation in a file note (Modified Work/Employer contact or Modified Work/Worker contact). 

 

 

Send a file note (Case Planning/Rationale) to the supervisor requesting an extension, when appropriate. 

Send the Extension Wage Loss (CL002E) letter to the worker and employer when the extension is approved.

6. Review the job accommodation offer

When the employer identifies a long-term or permanent job accommodation for the worker, review the job offer and job description to determine if the position is suitable. This involves confirming the job matches the worker's work restrictions, transferable skills and the hours are within the range of hours worked in the date-of-accident position. Refer to Policy 04-05, Part II, Application 4 to determine suitability of the position.

When the position is suitable, contact the worker and the employer to discuss the position and work to resolve any concerns, if identified. Request that a copy of the signed job offer be submitted.  

Review the salary information and determine if the worker will be eligible for a wage loss supplement. When a wage loss supplement is required, discuss the next steps for obtaining approval. When a wage loss supplement is not required, send the appropriate letter. See the 8-1 Wage loss supplement final approval procedure. 

When a worker refuses suitable accommodation offered by their employer, discuss the reasons for refusing the position. If the position remains suitable, discuss the worker's responsibility to cooperate in their return-to-work plan and the impact to the worker's benefits if they refuse the offer. See the 3-3 Duty to cooperate procedure and Policy 04-05, Part II, Application 4, Question #6. 

When the position is not suitable, work together to identify solutions to the duties of the position to meet suitability criteria. When this is not possible and no other suitable job option can be offered, discuss and arrange appropriate referrals for re-employment services. See the 7-1 Triage assessment referral procedure.

Administrative tasks

Document details of the conversation in a file note (Modified Work/Employer Contact or Modified Work/Worker Contact).

 

 

Follow the appropriate procedures:

  • 3-1 Modified work
  • 3-3 Duty to cooperate
  • 7-1 Triage assessment referral
  • 8-1 Wage loss supplement final approval

 

 

Supporting Information

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Select designated public service employers

The select designated public service employers include: 

  • Covenant Health
  • City of Edmonton
  • City of Edmonton Police Service
  • City of Calgary   

These employers offer more flexibility within their collective bargaining agreement that allows a worker to look for work during the accommodation process, without severing their employment. 

The worker's job with the date-of-accident employer remains secure during the accommodation process even if:

  • Re-employment services start.
  • The worker starts looking for work with another employer. 
  • The worker accepts employment with another employer.  

The date-of-accident employer continues to have a duty to accommodate and explore suitable job options within the company. Full benefits are payable as long as the employer continues have a distinct plan to explore job placement.

The decision maker ensures the employer has an updated copy of the worker's resume to assist them with finding jobs that match skillsets within their organization. The decision maker refers the worker for  additional RE servicesAdditional RE services may include computer skills assessment, ESL (English as a Second Language) assessments, ergonomic assessment, workplace modifications, or training. that may be helpful and obtains the employers agreement prior to referring for these services. A worker is obligated to participate in these services even if they remain job attached with their employer. See the 3-3 Duty to cooperate procedure.

Potential impact on benefits due to pregnancy

If a worker becomes pregnant while their employer is looking for long term or permanent accommodation, confirm if the employer will continue to look for long-term or permanent accommodation.

Note:  As the accommodation process could take up to two years, the employer may wish to continue looking for suitable accommodation. The worker may be able to start a suitable accommodation before going on maternity leave. Alternately, the employer may continue to look for a suitable position to offer the worker after their maternity leave.

If the employer will continue to actively search for a permanent accommodation, regardless of the pregnancy or birth of a baby, there are no changes made to the previously approved two-year accommodation period and accompanying benefits (either TD02 less no earnings or TPD based on no earnings).

If the employer will not continue to look for permanent accommodation due to pregnancy or the birth of a child, confirm the following details with the employer:

  • The effective date the accommodation period will pause or end.
  • The reason the accommodation period will pause or end. 
  • The effective date the accommodation period will resume.

When the pregnancy or birth of a child does not impact their fitness for work, refer the worker for re-employment services. If the worker declines to participate, consider whether they have a valid reason and determine if it will affect their entitlement to ongoing benefits. See the 3-3 Duty to Cooperate procedure.

When the pregnancy or the birth of a child impacts their fitness for work, refer to Policy 04-02, Part II, Application 1 to determine if the concurrent condition (the pregnancy or childbirth) has impacted their recovery from the compensable injury.

Supporting references

Policies

  • Policy 04-02, Part II, Application 1- General
  • Policy 04-05, Part I- Return to work services
  • Policy 04-05, Part II, Application 4- Temporary modified work programs
  • Policy 04-11, Part I- Duty to cooperate
  • Policy 04-11, Part II- General

Procedures

  • 3-1 Modified work
  • 3-3 Duty to cooperate
  • 7-1 Triage assessment referral
  • 8-1 Wage loss supplement final approval
  • 3-5 Obligation to reinstate employment

Workers’ Compensation Act

Applicable Sections

  • Section 89 (1-3)- Board to provide vocational and rehabilitation services

Workers' Compensation Regulation

Applicable Sections

Related Legislation

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