25 (1) Throughout the first year after a worker is injured, the employer shall make contributions for employment benefits in respect of the worker when the worker is absent from work because of the injury However, the contributions are required only if, (a)  the employer was making contributions for employment benefits in respect of the worker when the injury occurred; and (b)  the worker continues to pay his or her contributions, if any, for the employment benefits while the worker is absent from work.  1997, c. 16, Sched. A, s. 25 (1). Failure to comply (2) If the employer fails to comply with subsection (1), (a)  the employer is liable to the worker for any loss the worker suffers as a result of the failure to comply; and (b)  the Board may levy a penalty on the employer not exceeding the amount of one year’s contributions for employment benefits in respect of the worker.  1997, c. 16, Sched. A, s. 25 (2). Contributions re emergency workers (3) The actual employer of an emergency worker shall make the contributions required by subsection (1), instead of the worker’s deemed employer. The deemed employer shall reimburse the actual employer for the contributions.  1997, c. 16, Sched. A, s. 25 (3). Certain volunteers (3.1) Subsection (3) applies with respect to a member of a municipal volunteer fire brigade or a volunteer ambulance brigade or an auxiliary member of a police force as though the person were an emergency worker.  2000, c. 26, Sched. I, s. 1 (1); 2002, c. 18, Sched. J, s. 5 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 25 (3.1) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 4, s. 66 (3)) Multi-employer benefit plans (4) Subsection (1) does not apply to an employer who participates in a multi-employer benefit plan in respect of the worker if, when the worker is absent from work because of the injury during the first year after it occurs, (a)  the plan continues to provide the worker with the benefits to which he or she would otherwise be entitled; and (b)  the plan does not require the employer to make contributions during the worker’s absence and does not require the worker to draw upon his or her benefit credits, if any, under the plan during the absence.  1997, c. 16, Sched. A, s. 25 (4). Same (5) Every multi-employer benefit plan shall contain or be deemed to contain provisions that are, (a)  sufficient to enable all employers who participate in the plan to be exempted under subsection (4) from the requirement to make contributions; and (b)  sufficient to provide each worker with the benefits described in subsection (4) in the circumstances described in that subsection.  1997, c. 16, Sched. A, s. 25 (5). Entitlement under benefit plans (6) For the purpose of determining a worker’s entitlement to benefits under a benefit plan, fund or arrangement, the worker shall be deemed to continue to be employed by the employer for one year after the date of the injury.  1997, c. 16, Sched. A, s. 25 (6). Definition (7) In this section, “contributions for employment benefits” means amounts paid in whole or in part by an employer on behalf of a worker or the worker’s spouse, child or dependant for health care, life insurance and pension benefits.  1997, c. 16, Sched. A, s. 25 (7); 1999, c. 6, s. 67 (5); 2005, c. 5, s. 73 (5). Section Amendments with date in force (d/m/y) 1998, c. 36, s. 1 - 01/01/1998; 1999, c. 6, s. 67 (5) - 01/03/2000 2000, c. 26, Sched. I, s. 1 (1) - 01/01/1998 2002, c. 18, Sched. J, s. 5 (2) - 26/11/2002 2005, c. 5, s. 73 (5) - 09/03/2005 2018, c. 3, Sched. 5, s. 68 (3) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 66 (3) - not in force Rights of Action