Saba Cares Foundation

Section 3 A - Chapter 5
Labor, Health and Vitality

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A - 5.1. Continued Payment of Wages for Incapacity for Work

1. The Employee shall be entitled to wages in the amount of 80% of the Salary from the third day of the Incapacity for Work and during the first twenty-four months of Incapacity for Work.

2. Notwithstanding paragraph 1, the Employee is entitled to 100% of the Salary during a period, consecutive or not, of two months of Incapacity for Work per calendar year, provided that, if the Employee is consecutively sick in a period falling within two (or more) calendar years, the Employee shall not regain such entitlement in a succeeding calendar year. The Employee is consequently entitled to 100% of the Salary only once during a consecutive period of illness during a two-month period of Incapacity.

3. During the Incapacity for Work, the Employee retains the right to vacation pay, based on the payment applicable at such time.

4. Wages, or an advance on wages, shall not be payable by the Employer when cases occur on the basis of which, according to statutory health and accident insurance, the entitlements granted to the Employee do not exist or have been lost, as, for example, in the following cases:

a. if the illness or accident is due to the Employee's willful misconduct, gross misconduct, drug use or intoxication;

b. if the Employee has acted or failed to act in violation of regulations applicable to him;

c. if upon commencing employment, the Employee has provided inaccurate or incomplete information regarding his state of health to the extent that it relates to the Incapacity for Work in question.

5. If during the Incapacity for Work the Employee is entitled to any monetary compensation or benefit as referred to in article Book 7A, Section 1614c, subsection 4 of the BES Civil Code, the salary under paragraph 1 of this article will be reduced by the amount of such compensation or benefit. The Employee shall undertake in respect of the Employer to fully cooperate to obtaining such compensation or benefit and to provide the Employer with all relevant information about such compensation and/or benefit.

6. A not 100% able-bodied Employee will, in the event of a vacancy, be given preference if an independent body, in consultation with the Union, determines that the employee is capable of performing work in a position currently available at the employer in the same manner as if the employee did not have a disability.

7. Remuneration will in that case be based on the CLA scale associated with such a position to be held. In any event, this provision shall lapse as soon as an Occupational Disability Insurance Act or a general Occupational Disability Act has taken effect.

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A - 5.2. Accrual of vacation entitlements and Incapacity for Work

1. With respect to an Employee who has not performed his work due to Incapacity for Work, the vacation entitlement shall lapse if the Employee has not worked during that year due to illness or accident for a total of at least six months.

2. The provisions of paragraph 1 apply, also to partially disabled Employees.

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A - 5.3. Establishment of a re-examination committee in case of rejection

1. If the Employer deems it desirable in the best interest of the foundation, including but not limited to the cases mentioned in the medical examination regulation, the Employer shall have the right to appoint a physician for an examination.

2. If declared unfit, the Employee has the right of appeal within 6 days to a re-examination committee to be formed for this purpose.

3. This re-examination committee shall be made up of 3 doctors, one of whom shall be appointed by the Employer and one by the Employee, and both of whom shall appoint a third.

4. The re-examination committee shall render a reasoned decision within 20 days after the appeal was filed by majority vote.

5. The ruling shall bind both the Employer and the Employee.

6. The cost of the examination shall be borne by the Employer.

7. The Employee who is declared unfit for work and meets the conditions set for Incapacity for Work in the pension regulation is entitled to the financial payment specified in a pension regulation without prejudice to the fact that such a payment may be reduced pursuant to article 1614c(2) BES Civil Code.