Injury-on-Duty Leave

Injury-on-duty leave should not be granted unless an injury report has been submitted to Labour Canada pursuant to the Government Employees Compensation Act, and the claim subsequently allowed. Departments should ensure that verification of the period of disability is obtained form Labour Canada before approving such leave and periodically, where necessary, to confirm continuing disability. In the case of a minor (non-disabling) injury where no time is lost beyond that required for immediate medical treatment, the employee should be allowed appropriate time off with pay to obtain such treatment.

In the case of a disabling injury, that is, any injury which prevents the employee from returning to work for the next regular shift or any subsequent workday, departments should, prior to granting or terminating injury-on-duty leave, ensure that certification verifying disability and the date on which such disability commences or ceases has been received from Labour Canada. In cases involving extended periods of injury-on-duty leave, periodic verification should be requested from the appropriate regional office of Labour Canada, as necessary to support the continued provision of this leave. Labour Canada form APC-5(71) is used to inform departments in this regard.

While a department is awaiting the receipt of certification required for the granting of injury-on-duty leave, the disabled employee may be granted sick leave to the extent of his or her sick leave credits. If the employee has insufficient sick leave credits, he or she may be advanced additional sick leave in accordance with the terms of the applicable collective agreement or other applicable authority. When sick leave is granted and injury-on-duty leave is subsequently approved for the same period, the employee is to be credited with the number of days of sick leave involved.

If there is a reasonable doubt concerning the disability status of an employee at any time while on injury-on-duty leave, a special medical assessment of the employee's physical condition can be made by the department through the nearest medical service regional office of Health and Welfare Canada. If, as a result of this medical assessment, the employee is considered fit for work, this should be reported immediately along with all supporting documents, to the appropriate regional office of Labour Canada, which will arrange for a review of the employee's disability status.

Injury-on-duty leave should not be granted beyond the date certified through Labour Canada that the employee is fit for work, including "light duty" work, where it is available. (An employee reporting to the department that he or she has been medically authorized to return to work may do so, pending the receipt of confirming certification from Labour Canada.)

An employee who has been authorized to perform "light duty" work should be provided with work which is commensurate with his or her physical capability. If such work is not available and the employee's disability is of a temporary nature, injury-on-duty leave may continue to be authorized, subject to paragraph 3.2, until appropriate work is found for the employee, or until he or she has been certified as ready to assume normal duties.

Should the total period of injury-on-duty leave granted to an employee with respect to an injury or illness reach 130 working days, a special departmental review of the case should be carried out and a decision made as to whether or not the continued provision of such leave beyond this period is warranted.

Where a decision is made to discontinue the provision of injury-on-duty leave to a disabled employee, the appropriate regional office of Labour Canada should be immediately notified of the date that injury-on-duty leave will terminate. Upon receipt of such notification, Labour Canada will make the required arrangements for the disabled employee to receive Provincial Workers' Compensation payments from the date injury-on-duty leave ceases until the claim is settled. (Provincial wage compensation benefits for totally disabled employees are generally 75% of earnings, based on a maximum annual earnings ceiling. Specific information concerning provincial compensation benefits may be obtained from the appropriate regional office of Labour Canada.)