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Income replacement indemnity for the first 14 days

When workers are unable to work as a result of a work accident or occupational disease, the employer must pay them 90% of their net income for the days they would normally have worked, not including the day of the accident.

This salary or wage constitutes an income replacement indemnity. The CNESST reimburses the employer for this indemnity, regardless of whether the claim is accepted or not. As an employer, you must complete the "Avis de l'employeur et demande de remboursement" form (in French only) to obtain this reimbursement.

As of the 15th day after the worker becomes unable to work because of an employment injury, the CNESST will pay the income replacement indemnity.

Note

Some employers are required to pay the income replacement indemnity beyond the first 14 days under a collective agreement, agreement or order in council. In these cases, the CNESST reimburses the employer for the indemnity it would normally have paid the worker.

How to calculate the income replacement indemnity for the first 14 days

1. Determine the day the worker left work and the 14-day period

The day the worker left work is the last day worked, in whole or in part, following an employment injury. When a worker is injured at work and is unable to work for the rest of the day, the employer must pay them 100% of their regular net salary or wages.

The last day worked must not be included in the calculation of the first 14 days of disability.

After determining the last day worked, the next 14 full days, including Saturdays and Sundays, must be counted.

The example of Hugo

On November 4, Hugo was injured at work and stopped working on the same day. He returned to work on November 13. Hugo's 14-day period runs from November 5 to November 18.

Example of Hugo

Example of Hugo

2. Determine the number of days payable

To determine the number of days payable during the first 14 days, it is necessary to establish the days on which the worker would normally have worked before they became unable to work because of an employment injury.

The example of Hugo

Hugo works 40 hours, from Monday to Friday, that is, five 8-hour days. Since he returned to work on November 13, he is entitled to 6 days payable.

Example of Hugo

Example of Hugo

Example of Hugo

3. Determine the gross salary or wages and maximum insurable earnings for the period

To calculate the salary or wages to be paid to the worker, the gross salary or wages must be taken into consideration up to the maximum annual insurable earnings in effect at the time the injury occurs. This amount is subject to revision on January 1 of each year.

Gross salary or wages

The gross salary or wages is the salary or wages stipulated in the employment contract. It includes all forms of remuneration, such as bonuses, tips, premiums and overtime. Overtime must be included in the gross salary or wages, provided it is in the employee's schedule during the calculation period or has been paid regularly before.

Hugo's gross salary or wages

Work schedule: Monday to Friday, that is, five 8-hour days
Number of hours per week: 40 hours
Gross weekly salary or wages: $760
Gross daily salary or wages: $760 ÷ 5 = $152

Maximum insurable earnings

The gross salary or wages must be taken into consideration up to the maximum insurable earnings (in French only). The maximum insurable earnings are revised on January 1 of each year.

Maximum insurable earnings in 2020

Maximum annual earnings: $78 500  
Maximum insurable earnings for the 14-day period:  $3 011,12 
Maximum insurable earnings for a 7-day period: $3 011,12 ÷ 2 = $1 505,56
Maximum insurable earnings for the 5-day week: $1 505,56 ÷ 5 = $301,11

The gross salary or wages and maximum insurable earnings for Hugo's 14-day period
Type of salary or wages Days payable
Gross salary or wages $152 x 6 days payable = $912
Maximum insurable earnings $306,11 x 6 days payable = $1 806,67

The salary or wages to be deducted for the 6 days payable is $912, for it represents Hugo's loss of earnings and does not exceed the maximum insurable earnings of $1 806.67. 

4. Calculate the worker’s net salary or wages

The net salary or wages is equal to the gross salary or wages less the deductions usually made by the employer for the regular pay period but only pursuant to:

  • the Income Tax Act (federal tax)
  • the Taxation Act (provincial tax)
  • the Employment Insurance Act
  • the Act respecting the Québec Pension Plan
  • the Act respecting parental insurance

5. Calculate the indemnity to be paid to the worker

The indemnity to be paid to the worker is 90% of their net salary or wages for the days payable, that is, for each day or part of a day they would normally have worked had they not suffered an employment injury.

  1. Calculate the daily net salary or wages by dividing the net salary or wages by the number of days in a normal pay period. 
    (Net salary or wages ÷ Number of days in the pay period = Daily net salary or wages)
  2. Calculate the net salary or wages for the days payable by multiplying the daily net salary or wages by the number of days payable 
    (Daily net salary or wages x Number of days payable = Salary or wages for the days payable)
  3. Calculate 90% of the net salary or wages for the days payable to obtain the amount of the indemnityto be paid to the worker 
    (90% of the net salary or wages for the days payable = Indemnity to be paid to the worker)

The example of Hugo

Hugo, whose net salary or wages is $1 155.15 for 10 days of work, was absent for 6 days.

Calculation type of salary or wages
Type of salary or wages Calculation
Daily net salary $1 155,15 ÷ 10 days = $115,52
Net salary or wages for the days payable $115,52 x 6 = $693,12
90% of the net salary or wages for the days payable $693,12 - 10 % = $623,81

Therefore, the employer must pay Hugo $623.81.

Note

Other examples are provided in the Guide de calcul de l’indemnité du remplacement du revenu pour les 14 premiers jours (in French only).

Laws and regulations

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