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1. Call the worker and employer to obtain details and negotiate the TOJ, TaP or WA
Note: The decision maker may be a case manager, re-employment (RE) specialist or industry specialist. Call and discuss the TOJ/TaP/WA with the TOJ/TaP/WA employer and the worker. Consider arranging a conference call with both the worker and TOJ/TaP/WA employer. Obtain details about the TOJ/TaP/WA position and negotiate the length of the work placement and the subsidy schedule. Ensure the employer is aware that reimbursement is based on the worker's gross earnings. WCB does not reimburse for: - Overtime,
- Holiday pay,
- Employer's portion of Employment Insurance,
- Canada Pension Plan contributions,
- WCB premiums, or
- GST.
When deciding on the length of the TOJ/TaP/WA consider the following: - Will the worker’s employability options improve? For example, will the work placement result in a permanent position? Will the worker gain skills and experience for a specific job?
- Does the worker have limited experience outside of their date-of-accident employer's industry, and if so, how will the TOJ/TaP/WA allow them to gain experience in other industries?
- How long will it take to learn the skills for the TOJ/TaP/WA position?
- Will increasing the length of the TOJ/TaP/WA program allow the worker to obtain more skills and experience necessary for the success of their re-employment plan?
- Is the position suitable based on the worker's compensable work restrictions?
Together, set expectations for the position and discuss and determine the: - Main contact person for the employer.
- Position title and job description, including physical demands analysis to support the position is within the worker's work restrictions.
- Salary and WCB subsidy and reimbursement schedule (try to coordinate pay periods with the reimbursement schedule)
- Overtime and holiday pay.Ensure the worker is aware that WCB does not pay overtime or holiday pay as part of TOJ/WA/TaP and the reimbursement is based on gross earnings.
- Hours of work per week (should be within the range of hours worked with the date-of-accident employer).
- Start and end dates.
- Additional supports (e.g., work modifications, tools, clothing, fees, books, training costs).
Confirm all parties have agreed to the proposed terms of the TOJ/TaP/WA details. If there are concerns, consider resources and supports that may resolve them (for example, in-person meeting at worksite, return-to-work planning meeting/discussion, ergonomic assessment, or other available supports). If additional resources or supports are arranged, review and implement recommendations to resolve the barriers until the terms of the work placement are negotiated.
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Administrative tasks
Add the TOJ line, if not already added. Document the discussions in a file note (Training on the Job) and attach to the TOJ line. It may be beneficial to arrange a meeting with the worker and the TOJ/WA/TaP employer at their place of business to negotiate and finalize the TOJ/WA/TaP.
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2. Determine if the TOJ/TaP/WA program is suitable and obtain necessary approval, if required
Review the details of the work placement program terms and determine whether the program is suitable and if there is potential for the program to be successful. Consider the following: - Are the job duties for the TOJ/TaP/WA suitable for the worker's work restrictions?
- Is it likely the work placement program will result in a permanent job placement?
- Will the worker gain skills and experience for a specific job?
- Will the length of the program allow enough time for the worker to gain the necessary experience to become competitively employableA worker is competitively employable for a position when they can reasonably compete with other applicants for a position because they meet the core requirements of the position, possess the skills and abilities the employer requires and the employer will accommodate minor restrictions, equipment and aides. The worker may not have the exact skills, experience or education that an employer is looking for in an ideal world, by they have equivalent skills, experience and education such that the employer would reasonably consider them for the position.? For a TaP, how long is the training period and what is the duration for the TOJ (work placement portion)?
- Does the subsidy schedule include an appropriate reduction plan that gradually reduces the wage subsidy to 0%? (For example, month one wage reimbursement at 100%, month two 75%, month three 50%, month four 25%, month five 0%).
- Is the TOJ/TaP/WA the best option or is supported job search a better plan for the worker?
- What approvals are required if the TaP/WA/TOJ will exceed nine months? For TaP, the duration for the training portion is considered separately from the TOJ (work placement) portion.
- The cumulative costs for re-employment services along with the associated work placement program costs to determine the approval is obtained from the appropriate approver level. Refer to the Levels of Authority manual.
Notes: - If the training portion for a TaP program will be longer than nine months, approval from the Customer Service manager is required.
- For TOJ/WA's (including the TOJ portion of a TaP program) that will be longer than nine months, the manager for Industry & Accounts or the manager for Millard Health & Re-employment Service will review the recommendation and approve or deny the request via a file note sent to the decision maker. These referrals should be actioned on a priority basis to avoid the risk of losing the work placement.
If it is determined the TOJ/TaP/WA is not suitable, send the recommendation with the rationale to deny the work placement to the supervisor for review. If a re-employment provider or industry specialist was involved in negotiating the TOJ/TaP/WA, advise them that a recommendation to deny the work placement was sent to the supervisor for review.
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Administrative tasks
Add a file note (Training on the Job) documenting the decision and rationale. Send the file note to the manager for Industry & Accounts or the manager for Millard Health & Re-employment Service for approval, when the TOJ/TaP/WA will last longer than nine months. Send a file note (Training on the Job) to the supervisor for approval to deny a TOJ/TaP/WA.
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3. Communicate and action the decision
Call the worker and the employer to discuss the decision and rationale to approve or not approve the TOJ/TaP/WA program. If the decision is approved, confirm approval of the TOJ/TaP/WA program and discuss the terms agreed to during the initial call(s). Explain that an agreement letter will be sent outlining the terms of the TOJ/TaP/WA program. Request a signed copy be returned if there are no concerns with the agreement. When the signed agreement is returned, review the details of the agreement. Contact the work placement employer to obtain missing information, if required. Call the re-employment specialist and/or industry specialist to advise whether the TOJ/TaP/WA has been approved for more than nine months, if applicable. If the decision is not approved, explain the basis for the decision and discuss the next steps in the worker's re-employment plan (e.g., consider other suitable jobs identified and whether the worker is eligible for a wage loss supplement). End this procedure and continue to manage the claim, as appropriate. When the worker declines to participate in the TOJ/TaP/WA: - Confirm why the worker does not want to participate and identify solutions to resolve any barriers. Discuss the worker’s duty to cooperateTo meet their duty to cooperate, both employers and workers are expected to make reasonable efforts to cooperate with WCB and other parties to achieve a safe return to work as early as possible..
- If the worker still declines, consider the worker to have declined suitable modified work and explain that their benefits will be reduced because they declined a suitable job offer. Refer to the 3-1 Modified work procedure. Note: When the worker declines a suitable TOJ/TaP/WA, a duty to cooperate decision is not required as the worker is making a personal decision to not accept the offer. Re-employment benefits (VR-04) end.
- Use the earnings for TOJ/TaP/WA position (as though the worker completed the learning portion of the TOJ) to determine the worker's eligibility for a wage loss supplement or the job option identified during re-employment services, whichever best maximizes earnings. Additional ALIS, LMP or LMA or job leads are not required to further support the TaP/TOJ/WA. Note: Earnings for TOJ/TaP/WA position should not be used when there is evidence to support the worker would not have been successful in the TOJ/TaP/WA position.
- Continue to offer supported job search services. The worker is eligible for a minimum of 12 weeks of supported job search. Refer to the 7-2 Supported job search procedure.
- Call the TOJ/TaP/WA employer to obtain details about the physical demands of the position and what skills the worker needed to acquire to be fully qualified to work in the TOJ/TaP/WA position. Ask the employer what they would pay an employee in this position to start and after one year of employment. If the offer was for a WA with the DOA employer, ask if the WA would have resulted in permanent accommodation.
If the worker was offered a TOJ/TaP/WA with an employer other than the date-of-accident employer but the worker is not ready to participate in re-employment services (e.g., the worker does not have a fitness level), end this procedure and continue to manage the claim.
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Administrative tasks
Document the discussions in file notes (Training on the Job) and attach to the TOJ line. Complete all fields in the TOJ line for a TOJ/TaP/WA program. Authorize payment for the TOJ, TaP or WA subsidies on the Benefit Details tab. If authorizing a WA, add a comment on the benefit details page noting that it is a WA. If approved, send the - Re-training on the job - Work Assessment/Agreement form or the TOJ/Work Assessment Agreement (IN033A) letter (corresponds to the C-1353 form) to the TOJ/Tap/WA employer with a copy to the worker.
- Pre-approved Wage loss supplement (CL002Q) letter.
When the IN033A or C1353 is scanned to file, it sends an automatic task to open and populate the TOJ line. Edit the Program Details tab and complete all the fields based on the information from the TOJ agreement. Note: If authorizing a TOJ, TaP or a WA with a Not-under-the-Act (NUA) employer or out-of-province employer, attach the new employer as a participant on the claim. If not approved, follow the appropriate procedure:
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4. Adjust the worker's wage loss for their new employment income
Review the worker’s expected TOJ/TaP/WA earnings to determine if there is a loss of earnings. If there is a loss of earnings and the worker has: - Temporary restrictions, implement a Temporary Partial Disability (TPD) benefit based on actual earnings for the position.
- Permanent restrictions, implement a Temporary Economic Loss (TEL) benefit based on actual earnings for the position for one-year.
Refer to the 8-1 Wage loss supplement final approval procedure for the TPD or TEL approval process. Note: The work placement employer is paid to subsidize the wagesType of payment code to reimburse the employer is VRE02. they are paying to the worker based on the agreed upon reimbursement schedule in the TOJ/TaP/WA agreement. The worker is paid a TPD or TEL to top up their wages if they are experiencing a loss of earningsA worker may experience a loss of earnings when the salary paid for work placement position is less than their date of accident salary. in the TOJ/TaP/WA position. When the worker’s pay will fluctuate from week to week or month to month, consider whether temporary partial disability (TD-02) benefits less earnings should be paid. When the worker is already in receipt of an Economic Loss Payment (ELP) or Temporary Economic Loss Payment (TEL), consider whether it would be more appropriate to adjust the existing wage loss supplement to reflect the earnings of the TOJ/TaP/WA position. If the worker declined to participate, recommend a suspension of the worker's re-employment benefits and send to the supervisor for approval. Notes: - When the worker declines a WA with the date-of-accident employer, determine entitlement to benefits as if the worker had declined suitable modified duties. This means benefits can be suspended or reduced if the worker has a fitness for work that is suitable for the work assessment duties. Implement a Temporary Economic Loss (TEL) benefit based on the estimated earnings for the TOJ/TaP/WA position or in the job option identified during re-employment services (whichever best maximizes earnings).
- When the worker declines a TOJ/TaP with a new employer, benefits should only be suspended or reduced if the worker has a fitness level and is ready to participate in re-employment services.
Action the supervisor’s decision when available. If the decision is to not approve the suspension of benefits, contact the worker to discuss the decision, ensuring the worker understands the alternatives recommended by the supervisor. If the decision is to approve the suspension of benefits: - Contact the worker to explain their re-employment benefits will be suspended because they declined a suitable job offer, and they may continue to participate in the remainder of their supported job search service.
- Explain they may be entitled to a wage loss supplement based on what they would have earned had they participated in the TOJ/TaP/WA (or the job option if that better maximizes earnings).
Note: The TOJ/TaP/WA job offer details obtained in step 2 are sufficient to proceed with final approval for a wage loss supplement. Additional supporting documents (ALIS, LMP, LMA) or job leads are not required.
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Administrative tasks
Add a file note to the Payment Unit request calculation of the monthly TPD payment if a TPD will be paid. Complete the case planning line (CPL) to reflect the TOJ/TaP/WA position information and the actual starting salary. To adjust an existing wage loss supplement, add a review on the CPL reflecting the worker's wages while on the TOJ/TaP/WA. The combination of the worker's wages while on the TOJ/TaP/WA and the existing wage loss supplement should be equal to the worker's full compensation. Document the discussion in a file note (Training on the Job/Claimant Contact). Follow the appropriate procedure depending on the claim circumstance:
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5. Monitor the worker's progress and address any issues
Contact both the worker and employer within the first two weeks of the TOJ/TaP/WA start date for early resolution of any issues that may arise (for example, the job is not suitable, worker is not learning the skills, poor attendance, etc.). When no issues arise and further claim management is not needed, send the worker the appropriate letter detailing the agreed-upon TOJ/TaP/WA plan. This letter should outline expectations and the worker's responsibilities regarding participation. Make sure the worker has the contact information for the case assistant who will oversee the work placement program. Transfer the claim to a case assistant for monthly follow-up. The case assistant contacts the worker and the employer monthly until the TOJ/TaP/WA ends. Refer to the Case Assistant: Monitor the TOJ/TaP/WA section. Issues with the work placement programWhen issues or barriers are identified at any point during the TOJ/TaP/WA, the case assistant transfers the claim to the TOJ team lead to resolve them. The TOJ team lead contacts the worker or employer to address the issues and discuss ways to resolve them (e.g., additional training, workplace modifications or other available assistance). Consider whether the following supports and/or resources will resolve the issues, including: - An in-person meeting at the worksite or a return-to-work planning meeting/discussion.
- An ergonomic assessment.
- Workplace modifications.
- Additional training.
- Discussion with the re-employment provider who was involved in arranging the TOJ.
- A referral to an industry specialist.
When appropriate, develop an action plan to resolve the issues over a period of time. In this case, the TOJ team leads continues to monitor the TOJ/TaP/WA biweekly until all concerns have been addressed. If the issues are resolved (or appear to be progressing toward resolution) and the TOJ/Tap/WA will continue for some time, the TOJ team lead transfers the claim to the case assistant for monitoring. Refer to the Case Assistant: Monitor the TOJ/TaP/WA section. Risk of work placement being discontinued If the employer is reporting they may not want to continue the TOJ/TaP/WA, determine if there is a way to resolve the issues so that the program can continue. Consider requesting an industry specialist to contact the employer. If there is no way to resolve the issues and the work placement program is discontinued, confirm: - Who discontinued the TOJ/TaP/WA.
- Why it was discontinued.
- The job demands of the TOJ/TaP/WA position.
- What the employer would pay an employee to start in the position and what they would pay after one year in the position.
Upon receiving notice of a discontinued TOJ/TaP/WA, refer the claim for assignment to a TOJ team lead to work with the decision maker to determine what additional steps are needed and the worker's entitlement to additional benefits.
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Administrative tasks
Document the discussion in a file note (Training on the Job/Claimant Contact or Training on the Job/Employer Contact). Send the RE Update (CL041G) letter prior to transferring the claim to the case assistant. To transfer to a case assistant, send a file note (Training on the Job) to the case assistant outlining the monitoring details including: - The wage reimbursement schedule to be followed (include the date the signed agreement was scanned to the file).
- Payment for invoices submitted by the employer and based on the wage reimbursement schedule.
- Monthly telephone contact with the employer and the worker to ensure the TOJ/TaP/WA is on track.
- Notifying the decision maker when issues arise that cannot be resolved.
- Returning the claim three weeks prior to the end of the TOJ/TaP/WA.
Send a file note (Training on the Job/TOJ) to the TOJ, Team Desk to address issues or barriers that arise. Send a file note (Training on the Job/TOJ) to the TOJ Suspended/Discontinued to the TOJ, Team Desk.
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6. Conclude the TOJ/TaP/WA program or approve an extension
Before the end of the TOJ/TaP/WA term, contact the worker and employer to confirm if the work placement program was successful and whether a permanent employment opportunity is available, or if an extension of the program is recommended. If the worker's TOJ/TaP/WA was successful: - and becomes permanent: Request the worker’s anticipated salary increases for the next five years from the employer.
- and the worker will not continue working in the TOJ position, discuss the reasons why (i.e. job not suitable, worker resigned, employer terminated the work placement program).
If the worker's TOJ/TaP/WA was not successful or was discontinued, consider the reason why, whether the worker gained sufficient skills for the TOJ position to be competitively employable in the position, and if the worker was expected to continue in the position. Proceed to the next step to determine the worker's eligibility for further benefits and services. Work placement program extension requestsIf the employer requests an extension: Consider the reason for the request and whether the extension will improve employability options. If an extension is determined to be appropriate and: - will be less than nine months, approve the extension. Call the worker and employer to notify them of the approval and transfer the claim to the case assistant.
- the total TOJ length will be nine months or longer, document the basis for the extension and send it to the manager for Industry & Accounts or the manager for Millard Health & Re-employment Service for approval.
Note: If the request for the extension is for the training portion of a TaP program and the training will be longer than nine months, approval must be obtained from the Customer Service manager. If the extension is approved, request an extension of the TPD or TEL payment, if required, for the remainder of the work placement extension. Transfer the claim to the case assistant to monitor until the end of the extension. If an extension is not approved or the worker’s TOJ/TaP/WA ends: Document the outcome of the work placementInclude details on whether the work placement program was successfully completed, discontinued or suspended and whether it led to a permanent employment opportunity. Include details on whether the work placement program was successfully completed, discontinued or suspended and whether it led to a permanent employment opportunity.program and continue to the next step to determine the worker's eligibility for benefits and services.
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Administrative tasks
To approve an extension less than nine months, edit the Program Details tab in the TOJ line to reflect the new TOJ/TaP/WA end date. To obtain approval for an extension longer than nine months, send a file note (Training on the Job) documenting the request and rationale for the extension to the manager for Industry & Accounts or the manager for Millard Health & Re-employment Service. To transfer to a case assistant, send a file note (Training on the Job) to the case assistant outlining the monitoring detailsRefer to the administrative task in Step 5 for information on monitoring details.. Upon conclusion of a TOJ/WA, add a file note (Training on the Job/TOJ Successfully Completed or TOJ Suspended/Discontinued) documenting the outcome. Update and close the TOJ line. Send the TOJ Worker Conclusion (IN033G) letter and TOJ Employer Conclusion (IN033H) letter Refer to the 8-1 Wage loss supplement final approval procedure.
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7. Determine eligibility for benefits and services following the work placement program
Depending on the outcome of the work placement program, the TOJ Lead reviews the worker's eligibility for a wage loss supplement and/or eligibility for additional re-employment services. Work placement program successfully completedIf the work placement program was successfully completed and Work placement program not successful or discontinuedWhen the work placement program was not successful or discontinued: - And the worker gained sufficient skills during the TOJ/TaP/WA to be competitively employableA worker is competitively employable for a position when they can reasonably compete with other applicants for a position because they meet the core requirements of the position, possess the skills and abilities the employer requires and the employer will accommodate minor restrictions, equipment and aides. The worker may not have the exact skills, experience or education that an employer is looking for in an ideal world, by they have equivalent skills, experience and education such that the employer would reasonably consider them for the position. in the TOJ/TaP/WA position, continue to estimate earnings based on the TOJ/TaP/WA position. No further re-employment services are required.
- And the worker did not gain sufficient skills during the TOJ/TaP/WA to be competitively employableA worker is competitively employable for a position when they can reasonably compete with other applicants for a position because they meet the core requirements of the position, possess the skills and abilities the employer requires and the employer will accommodate minor restrictions, equipment and aides. The worker may not have the exact skills, experience or education that an employer is looking for in an ideal world, by they have equivalent skills, experience and education such that the employer would reasonably consider them for the position. in the TOJ/TaP/WA position, determine if the worker has a long-term job option. When the worker:
- has a long-term job option and has remaining supported job search benefits (e.g., has not yet completed 12 weeks of SJS), arrange for the worker to complete the remainder of their SJS.
- has a long-term job option and does not have remaining supported job search benefits (i.e., has completed 12 weeks of SJS), obtain a job lead for the job option position. Refer to the 8-1 wage loss supplement final approval procedure.
- does not have a long-term job option, refer the worker for additional re-employment services.
- By the worker and it was reasonable to expect them to continue in the TOJ/TaP/WA as the position was physically suitable, convert the existing TPD or TEL to an ELP or new TEL (if the loss of earnings will end within 5 years) based on the salary for the TOJ/TaP/WA position (unless a job option position and job lead were previously identified for a position that better maximizes earnings).
Note: The job offer details obtained in the negotiation process are sufficient to proceed with final approval for a wage loss supplement (WLS). Additional supporting documents (ALIS, LMP, LMA) or job leads are not required.
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Administrative tasks
Refer to the appropriate procedure based on the claim circumstance:
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