Canadian HR Reporter

CANADIAN HR REPORTER SEPTEMBER 2018 22 FEATURES PAYROLL New WCB rules for Alberta employers Amendments affect benefits coverage, reinstatement of injured workers By Sheila Brawn A s of Sept. 1, employers in Alberta have to comply with new rules for pay- ing health benefits to injured workers and for re-employing them once they are fit to return to work. The Alberta government is bringing into force amendments to the province's Workers' Com- pensation Act meant to better protect the rights of injured work- ers while not "creating unneces- sary burdens" for employers. "What employers will see is an improved system that is effective, sustainable, and remains one of the most affordable in Canada," says Labour Minister Christina Gray. The new benefit rules mean that employees off work with a work-related injury will continue to be covered under their employ- er's health benefits plan. Employ- ers will have to keep paying health benefit premiums for up to a year while workers are absent as a re- sult of a workplace injury that oc- curs on or after Sept. 1. Health benefits include things such as dental and vision care, medications, and hospital, health and paramedic services. Not in- cluded are services covered under wellness benefits plans, such as yoga classes and fitness equipment. Also excluded are other health- related benefits not covered under the employee's health benefits plan, such as spending accounts, life and travel insurance, some over-the-counter medications, and pensions. The obligation applies to all employers with health benefit plans if they were making contri- butions for the worker at the time of a workplace accident, with ex- ceptions for certain workers and employers. "e legislation does not pro- vide exemptions for employ- ers based on size," says Cindi Schwartz, a corporate commu- nications representative at the Workers Compensation Board of Alberta (WCB). If an employer's plan requires employee contributions, injured workers will also have to continue to pay their share. If they choose not to, their employer is not ob- ligated to continue their benefits coverage while they are off. "e employer needs to make the worker aware of any contribu- tion amounts due by the worker, and provide a process for the worker to make those payments," she says. "If a worker does not want to continue their contributions or does not pay through the process the employer has provided, the employer should contact WCB as soon as possible so we can make a decision regarding the worker's ongoing entitlement to employ- ment health benefits." The obligation to continue health benefits for a year will apply even if the worker's employment terminates, says Schwartz. "ere is no exclusion for work- ers terminated for reasons unre- lated to the injury. e employer should continue employment health benefit coverage for the injured worker for up to one year or until they are no longer absent from work as a result of an injury." "Any time an employer is ter- minating a worker, they should contact WCB to discuss the cir- cumstances surrounding the termination and their worker's ongoing entitlement to employ- ment health benefits, as well as other benefits, such as wage loss benefits," she says. Employers that do not continue benefits coverage will be liable for any expenses the injured worker incurs that would have been cov- ered under the plan. In addition, the WCB could levy an adminis- trative penalty equal to the em- ployee's health benefit premiums for one year. In case of any disagreements about benefits coverage, employers should keep accurate and up-to- date records related to the health benefits plan, says Schwartz. "We suggest employers keep copies of the worker's benefit plans at the time of the accident, confir- mation of contributions made by the employer and the worker for those benefits, as well as any evi- dence they may have of a worker's decision to end these benefits." Like the health benefits obliga- tion, the re-employment require- ment will apply to workers injured on the job as of Sept. 1. However, it will only cover employees who have worked for their employer for at least 12 continuous months at the time of the accident, wheth- er full-time or part-time. Once injured workers are medi- cally and physically able to do the essential duties of their pre-injury job, their employer will have to of- fer to reinstate them in the job or in a comparable one that has at least the same earnings and benefits. If an employee is medically and physically able to do suit- able employment, but not the es- sential duties of the pre-accident job, the employer must offer the worker the first opportunity to accept suitable employment that becomes available. Reinstatement requirements e reinstatement requirements are similar to those in other prov- inces, but with some differences. One is that the reinstatement obligation in Alberta will apply to all employers, regardless of the number of workers they employ. In other jurisdictions, small employers are generally excluded from re-employment require- ments. For example, in Nova Scotia and Ontario, employers that regularly employ fewer than 20 employees are not required to reinstate injured workers. e second difference is that the reinstatement obligation will apply until the injured worker de- clines the employer's offer to re- turn to work or quits. In other ju- risdictions, there is a time limit for the reinstatement requirement. In Ontario, for example, the ob- ligation applies until the earliest of two years after the accident, one year after the worker is medically able to do the essential duties of the pre-injury job, or the worker turns 65. While Alberta does not cur- rently have these limitations, the government could add them by regulation. At press time, it was not known if this would happen. When employers reinstate in- jured workers, the new require- ments will prevent them from terminating their employment within six months or while they are receiving workers' compensa- tion benefits unless they can show a valid business reason not related to the workplace injury. If employers cannot show this, the WCB could levy a penalty up to the amount of the worker's net salary for the year before the accident. As with the health benefit re- quirement, it is important that employers maintain proper re- cords for reinstating injured workers, says Schwartz. Credit: Darko-HD Photography (Shutterstock) RECORDS > pg. 24 The new requirements will prevent employers from terminating injured workers' employment within six months of their return to work.

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