I’m back. Been out of the office and am just catching up with my backlog. I apologize for keeping you waiting and appreciate your patience. That said, I stand by my original response–but with one minor qualification.
As a matter of accommodations required under HUMAN RIGHTS LAWS, there’s no per se rule that a disabled employee be paid full wage for returning to work with modified/light duties. And as u note, since it’s not a work injury, the WCB modified duty rules don’t apply. (And even if they did, I don’t think they address the issue of full salary.)
The one potential hangup is Section 56 of the BC ESA which requires restoring employees who TAKE LEAVE to pre-leave position, deem their employment continuous and give them any raises or benefits boosts they’d have gotten if they hadn’t taken leave. HOWEVER, Section 56 applies only to pregnancy, parental, family responsibility, compassionate care, reservist duty, bereavement and jury duty leave. And from the tenor of your Q, I take it that none of this applies to the employee in your particular situation.
Hope that helps and again I’m sorry for the long long long interlude. Glenn
