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Employer Re-employment Obligations in Common Law Provinces

ProvinceRe-employment Obligation
British ColumbiaThere is no requirement under the Workers Compensation Act for employers to rehire injured workers
AlbertaThere is no requirement under the Workers Compensation Act for employers to rehire injured workers
SaskatchewanNo specific Re-employment Obligation in Act. However employers are expected to work with the Board and the worker to achieve early and safe return to their employment
ManitobaYes - If (1) employer employs 25 or more workers; and (2) injured worker employed by accident employer for 12 or more continuous months prior to injury
OntarioYes - If (1) employer regularly employs 20 or more workers; and (2) Injured worker continuously employed at least 1 year prior to date of injury. NOTE: Different obligations apply to the construction industry
New BrunswickYes - If (1) Employer employs 10 or more workers; and (2) Injured worker employed by accident employer for at least 1 year prior to the date of accident. The employer is not required to re-employ a worker who has refused a suitable job
P.E.I.Yes - If (1) Employer employs 20 or more workers; and (2) Injured worker employed by accident employer for at least 1 year prior to injury. The employer is not required to re-employ a worker who has refused a suitable job. NOTE: Construction industry is exempt
Nova ScotiaYes - If (1) Employer employs 20 or more workers; and (2) Injured worker employed by accident employer for at least 1 year prior to injury. NOTE: Construction industry is exempt. The employer is not required to re-employ a worker who has refused a suitable job
NewfoundlandYes - If (1) Employer employs 20 or more workers; and (2) Injured worker employed by accident employer for at least 1 year prior to injury
Yukones - If (1) Employer regularly employs 20 or more workers; and (2) Injured worker continuously employed at least 1 year prior to date of injury and (3) The injury occurred after January 1, 2011
Northwest Territories/NunavutThere is no requirement under the Workers Compensation Act for employers to rehire injured workers

DISCLAIMER: this table is compiled for informational purposes only. Compcore Law Group Professional Corporation makes no representations or warranties as to accuracy or completeness and the content should not be construed as legal advice. For further information please contact the appropriate Board or Commission or the office of Compcore Law Group Professional Corporation.