Knowledge Base

What happens if a worker is still within their probation period, and they are now off on WCB?

Teresa (WorkSafeBC): In response to your question, it seems that you are asking about the DTME and how to communicate to the employer that they cannot terminate an employee who may not meet the DTME because they were recently hired. The DTME applies to employers who regularly employ 20 or more workers and workers who have been employed with the employer for at least 12 months. If the worker in question meets these criteria, the employer has an obligation to maintain their employment, which may require making changes to the work or workplace to accommodate the worker. Additionally, the DTC is still there. The worker should be contacted at the first moment practicable and suitable work should be identified. If you are firing someone just because of an injury, you are still subject to Employment Standards and other legislation

Amanda (TeksMed Services): Being on Probation does not bar a worker from claim, however the Duty to Maintain employment only applies to workers who have been employed for at least 12 months.