S-4.2, r. 5.2 - Regulation respecting certain terms of employment applicable to senior administrators of agencies and of public health and social services institutions

Updated to 29 March 2017

This document has official status.

chapter S-4.2, r. 5.2

Regulation respecting certain terms of employment applicable to senior administrators of agencies and of public health and social services institutions

Act respecting health services and social services

(chapter S-4.2, ss. 487.2 and 507, 1st par., subpar. 1 and 2nd par.).

O.C. 1217-96; T.B. 193820, s. 1; T.B. 196313, s. 86.

CHAPTER 1 GENERAL

DIVISION 1 SCOPE

1. This Regulation applies to a senior administrator of an agency and of a public institution.

O.C. 1217-96, s. 1.

2. Chapter 3 of this Regulation, with the exception of section 40.2, applies to a senior administrator of a private institution covered by section 475 of the Act respecting health services and social services (chapter S-4.2).

Chapter 7 of this Regulation, provided the appeal concerns the application of Chapter 3, applies to a senior administrator of a private institution covered by section 475 of the Act who is not an owner of the institution.

Section 163 of this Regulation applies to a senior administrator of a private institution covered by section 475 of the Act respecting health services and social services.

O.C. 1217-96, s. 2; O.C. 925-97, s. 2; M.O. 2011-007, s. 1.

2.1. The provisions of this Regulation apply to a senior administrator who holds a position of assistant executive director of an integrated health and social services centre or of an unamalgamated institution, within the meaning of the Act to modify the organization and governance of the health and social services network, in particular by abolishing the regional agencies (chapter O-7.2), subject to the following special provisions:

(1)  Division 1 of Chapter 2 applies, with the necessary modifications, and section 23 does not apply;

(2)  for the purposes of Chapter 3, the evaluation classes and salary classes applicable to an assistant executive director are those listed in Schedule III;

(3)  an assistant executive director is entitled to 25 working days of annual vacation and, each year, to 5 working days of leave for personal affairs;

(4)  where an assistant executive director holds, temporarily and simultaneously to his or her usual position, a position of assistant president and executive director or another position of assistant executive director of an integrated health and social services centre or of an unamalgamated institution, or where the assistant executive director is temporarily designated to act as interim assistant president and executive director, the assistant executive director receives, on authorization by the Minister, a lump-sum remuneration of 10% of his or her salary and the fourth paragraph of section 38 applies;

(5)  sections 40, 40.1, 40.2 and 161 do not apply. Despite the foregoing, a senior administrator who, on 31 March 2015, was covered by section 40.2 or 161 continues to receive the attraction and retention allowance established on the salary that was paid to the senior administrator on that date, on the conditions provided for in those sections. Where applicable, the severance pay paid pursuant to section 136 is reduced by the lump sums received from that attraction and retention allowance.

M.O. 2015-007, s. 1.

3. (Revoked).

O.C. 1217-96, s. 3; T.B. 196313, s. 2.

DIVISION 2 INTERPRETATION

4. In this Regulation, unless otherwise indicated by the context,

“administrative reorganization” means an administrative operation resulting from the effect of an Act of a decision on the part of the Minister or a concerned employer and involving the elimination of one or more positions of senior administrator; this includes, among other things, the amalgamation of employers, the integration of one or more employers with another employer, a grouping of employers, a pooling of supervisory resources or the services of several employers, a grouping of an employer’s administrative units or the closure of an employer; (réorganisation administrative)

“assistant executive director” means a senior administrator holding a management position ranked as such by the Minister; (directeur général adjoint)

“association” means the Association des directeurs généraux des services de santé et des services sociaux du Québec; (association)

“continuous service” means the duration of the employment relationship with one or more employers in the public and parapublic sectors, including start-up institutions, as a senior administrator or officer without interruption in the employment relationship for a period of more than 6 months; (service continu)

“dismissal” means the termination by an employer of the contractual employment contract as a senior administrator at any time and for cause; (congédiement)

“employer” means an agency or a public institution; (employeur)

“employers’ association” means the Association des centres jeunesse du Québec, the Association québécoise d’établissements de santé et de services sociaux, the Association des établissements privés conventionnés - santé et services sociaux, the Association des établissements de la réadaptation en déficience physique du Québec, the Fédération québécoise des centres de réadaptation pour personnes alcooliques et autres toxicomanes, and the Fédération québécoise des centres de réadaptation pour personnes en déficience intellectuelle; (association d’employeurs)

“evaluation class” means a ranking unit of the classification system used for the positions of senior administrators and officers that corresponds to an evaluation point range reflecting the relative value of positions; (classe d’évaluation)

“executive director” means a senior administrator holding a full-time or part-time regular management position ranked as such by the Minister; (directeur général)

“home base” means the head office of the employer or the place where the senior administrator usually carries on his duties, if different from the head office of the employer; (port d’attache)

“non-renewal of engagement” means the termination by the employer of the employment relationship with a senior administrator at the end of an engagement, but not a layoff; (non-rengagement)

“officer” means a person having line, staff or advisory responsibilities related to the planning, organization, direction, coordination and control functions who is appointed to a regular full-time or part-time management position; (cadre)

“on reserve” means the situation of a senior administrator who has chosen reinstatement following the elimination of his position in accordance with Chapter 5 on employment stability measures; (disponibilité)

“parapublic sector” means the grouping of all public institutions as defined in section 98 of the Act respecting health services and social services (chapter S-4.2), private institutions governed by section 475 of the Act, agencies referred to in section 339 of the Act, school boards and general and vocational public colleges; (secteur parapublic)

“parental leave” means any leave prescribed in Chapter 4.1 on the parental rights plan; (congé parental)

“position” means a set of tasks provided for in the employer’s organization plan and classified in accordance with the evaluation system for senior administrator or officer positions established by the Minister; a position may be full-time or part-time; (poste)

“public sector” means government departments or public agencies whose staff is governed by the Public Service Act (chapter F-3.1.1); (secteur public)

“reinstatement” means the transfer of a senior administrator to whom employment stability measures apply to another position of senior administrator, officer, union members or unionizable non-member; (replacement)

“retirement plan” means the Government and Public Employees Retirement Plan (RREGOP) established under the Act respecting the Government and Public Employees Retirement plan (chapter R-10), the Teachers Pension Plan (RRE) established under the Act respecting the Teachers Pension Plan (chapter R-11) or the Civil Service Superannuation Plan (RRF) established under the Act respecting the Civil Service Superannuation Plan (chapter R-12) and the Pension Plan of Management Personnel (RRPE) instituted pursuant to the Act respecting the pension plan of management personnel (chapter R-12.1); (régime de retraite)

“salary” means the portion of direct monetary compensation of an officer corresponding to the salary class established for the position, including adjustments to salary classes and salary progression; (salaire)

“senior administrator” means an executive director, an assistant executive director and a senior managerial advisor; (hors-cadre)

“senior managerial advisor” means a senior administrator holding a full-time or part-time management position ranked as such by the Minister; (conseiller-cadre à la direction générale)

“termination of engagement” means the termination by the employer of the employment contract of a senior administrator before the end of the contract. (résiliation d’engagement)

O.C. 1217-96, s. 4; T.B. 196313, s. 4; M.O. 2006-019, s. 1; M.O. 2007-006, s. 1.

DIVISION 3 PROFESSIONAL MEMBERSHIP DUES

T.B. 193820, s. 3.

4.1. The employer shall deduct from the salary of each senior administrator the professional membership dues fixed by the association.

T.B. 193820, s. 3.

4.2. The employer shall pay the amounts collected to the association, within 15 days following the end of each of the 13 accounting periods in the fiscal year, and shall indicate each senior administrator’s full name and the position, the period covered by the membership dues and the amount collected.

T.B. 193820, s. 3.

4.3. A senior administrator may pay his professional membership dues fixed by the association in another manner provided that he gives written notice thereof to his employer and the association. This notice may be issued by the association.

T.B. 193820, s. 3; M.O. 2011-007, s. 2.

4.4. A senior administrator may cease paying his membership dues, in which case he shall inform the association and his employer in writing of his decision. The employer shall cease to deduct the membership dues 90 days after the date of receipt of the senior administrator’s notice or on the date on which the employment relationship ends, as the case may be.

T.B. 193820, s. 3.

4.5. A senior administrator who, on 13 October 1999, has already informed his employer and the association in writing of his refusal to pay the membership dues fixed by the association shall continue to be exempt from paying membership dues.

T.B. 193820, s. 3.

4.6. Except if he is already a member of the association, a senior administrator shall be exempt from paying the membership dues fixed by the association for 30 days after his appointment as senior administrator. Before that period expires, he shall notify the association and his employer in writing of his refusal to pay the dues.

T.B. 193820, s. 3.

4.7. The Minister shall send the association, upon request, no later than 1 November of each year, the list of senior administrators as of 31 March of the current year, with the following information for each senior administrator:

— the full name;

— the position held;

— the evaluation class for the position; and

— the place of work.

T.B. 193820, s. 3.

DIVISION 4 PROFESSIONAL RELATIONS

T.B.196313, s. 4.

4.8. Representatives of the association, of the employers’ associations and of the Minister shall meet at the request one of their number to discuss problems related to the interpretation and application of the terms of employment of senior administrators, proposed modifications to the terms of employment and any other related matter.

T.B. 196313, s. 4.

DIVISION 5 COMPENSATORY LEAVE

T.B. 196313, s. 4.

4.9. From 1 January 2000, compensatory paid leave shall be introduced for certain officers. The leave shall correspond to 0.83% of the number of hours paid for work as a senior administrator during the period from 1 January to 31 December in a given year. The leave may not exceed 2 days each year.

The leave shall be used with the agreement of the employer or shall be replaced, in whole or in part, by a lump sum where it has not been used in the 12 months following the year in which it was earned. In the latter case, for each day of unused leave, the lump sum shall correspond to 0.415% of the salary or benefits received for work as a senior administrator during the year in which the leave was earned or of the salary that the senior administrator would have received had he not been participating in the deferred salary leave plan.

If the employee dies, the employer shall pay an amount equivalent to the days of leave earned but not used, without exceeding 4 days.

T.B. 196313, s. 4.

4.10. The leave contemplated in section 4.9 applies to a senior administrator who participates in the Régime de retraite des employés en fonction au Centre hospitalier Côte-des-Neiges.

The leave contemplated in section 4.9 also applies to a senior administrator who is reinstated or assigned to a position other than an officer’s position after 31 December 2000 if he participates in a pension plan other than Government and Public Employees Retirement Plan for non-unionizable employees or the Régime de retraite de l’administration supérieure (RRAS). In such a case, the leave applies from the effective date of the reinstatement or assignment for such time as the senior administrator continues to participate in the insurance plans provided for in Chapter 4.

T.B. 196313, s. 4.

4.11. The leave contemplated in section 4.9 also applies to any officer who, where applicable, participates in the Pension Plan of Peace Officers in Correctional Services (RRAPSC).

T.B. 196313, s. 4.

CHAPTER 2 SELECTION, APPOINTMENT AND ENGAGEMENT

DIVISION 1 SELECTION, APPOINTMENT AND ENGAGEMENT OF AN EXECUTIVE DIRECTOR

§ 1 . — Scope

5. This division applies to the selection, appointment and engagement of the executive director of the Régie régionale de la santé et des services sociaux du Nunavik covered by section 530.31.2 of the Act or a public institution.

O.C. 1217-96, s. 5; M.O. 2006-019, s. 2.

§ 2 . — Selection following an administrative reorganization

O.C. 1217-96, Sd. 2; O.C. 925-97, s. 3.

6. When an administrative reorganization results in leaving only one position of executive director, the boards of directors involved shall notify, in accordance with section 92, the executive directors who hold the existing positions pursuant to a contract or an engagement resolution, of their intention to eliminate those positions. The new board of directors or the boards of directors that are maintained shall notify, in accordance with section 94, the said executive directors of the effective elimination of their position and shall create a new executive director position.

The new board of directors or the boards of directors that are maintained shall determine whether or not to offer the new executive director position to one of the said executive directors. If they determine to do so, they shall hold a competition in order to select, among them, the one to whom they are to offer the new executive director position. The procedure for the competition shall be established by the new board of directors or the boards of directors that are maintained.

The new board of directors or the boards of directors that are maintained shall appoint, in accordance with the provisions of Subdivision 5 of this Division, the person selected to fill the new position of executive director.

If the new board of directors or the boards of directors that are maintained decide not to proceed according to the procedure provided for in the second paragraph to fill the new position of director general, or if the competition held pursuant to that paragraph does not lead to the selection of an executive director, they shall ask the Minister for authorization to hold a selection competition under Subdivisions 3 and 4 of this Division.

The provisions regarding employment stability measures for senior administrators prescribed in Chapter 5 of this Regulation apply to executive directors whose positions have been eliminated pursuant to this section and who have not been granted or have not applied for the new position of executive director.

If the new board of directors or the boards of directors that are maintained consider it necessary, they may designate an acting executive director.

T.B. 196313, s. 5.

7. Where a private institution becomes a public institution and where, at the time of the change of status, a person holds the position of executive director, this person is deemed to be appointed executive director.

The appointment shall be valid for the remaining period of the person’s contract up to a maximum of 4 years. Where there is no term contract, the duration of the appointment shall be of 1 year.

O.C. 1217-96, s. 7.

§ 3 . — Opening of the selection competition

8. Unless otherwise provided for in this Regulation, the appointment of the executive director of the Régie régionale de la santé et des services sociaux du Nunavik or of a public institution shall be made following a selection competition and upon the recommendation of a selection committee.

Except for the cases provided for in the second paragraph of section 6 and in section 17, the Minister’s authorization must be obtained in order to open the selection competition for the position of executive director of the Régie régionale de la santé et des services sociaux du Nunavik or of a public institution. The authorization shall be requested by the employer no later than 60 days from the date on which the position actually becomes vacant. When the Minister authorizes the opening of the selection competition, a copy of this authorization is sent to the association.

O.C. 1217-96, s. 8; T.B. 196313, s. 6; M.O. 2006-019, s. 3; M.O. 2011-007, s. 3; M.O. 2011-018, s. 1.

9. The board of directors of a new public institution shall appoint an executive director within 6 months of taking office.

O.C. 1217-96, s. 9.

10. In the case of the Régie régionale de la santé et des services sociaux du Nunavik, the selection committee shall be composed of 5 members, 3 of whom shall be designated by the board of directors and 2 by the Minister.

In the case of a public institution, the selection committee shall be composed of 5 members. Of these 5 members, 3 shall be designated by the board of directors with at least one of them not being employed by an institution in the health and social services sector; one shall be designated by the agency and one by the Minister.

All members of the selection committee shall be present for the pre-selection, selection and drawing-up of the eligibility list.

O.C. 1217-96, s. 10; M.O. 2006-019, s. 4.

11. (Revoked).

O.C. 1217-96, s. 11; T.B. 196313, s. 6.1.

§ 4 . — Holding of the selection competition

12. The board of directors of the Régie régionale de la santé et des services sociaux du Nunavik or of a public institution shall give written sectoral and public notice of the holding of a competition for the appointment of an executive director.

The sectoral notice shall be forwarded to the Minister, to the employers’ associations and to the associations of senior administrators and officers in the sector, who shall circulate it, at least 30 days prior to the date of the first sitting of the selection committee. The sectoral notice for the competition shall provide for a registration period of at least 25 days from the date it is sent out.

The public notice shall be published in a newspaper distributed in the region served by the Régie régionale de la santé et des services sociaux du Nunavik or in the region in which the institution is situated, as the case may be, and in a newspaper distributed throughout Québec. The notice must be published at least 20 days prior to the date of the first sitting of the selection committee. It must provide for a registration period of at least 15 days from the date it is sent out.

These two notices may be replaced by identical notices published or distributed by electronic or automated means that can reach as many potential candidates as possible at a lower cost.

O.C. 1217-96, s. 12; T.B. 196313, s. 7; M.O. 2006-019, s. 5; M.O. 2011-018, s. 2.

13. In a case of equivalent competency, a senior administrator or officer employed by an agency, public institution or private institution referred to in section 475 of the Act, by an association of senior administrators or officers in the sector, by an employers’ association or by the Ministère de la Santé et des Services sociaux, shall have hiring priority over other candidates in a competition to obtain a position of executive director. The sectoral notice and public notice mentioned in section 12 must contain a statement of that fact.

O.C. 1217-96, s. 13; T.B. 196313, s. 8.

14. The selection committee shall call for an interview the persons whose application is accepted. At least 7 days shall elapse between the date of the pre-selection and the date of the selection interviews.

O.C. 1217-96, s. 14.

15. The selection committee shall draw up a list of eligible candidates. The decision to declare a candidate eligible shall be made by at least 3 members of the selection committee. A member may express a minority position and communicate it to the board of directors.

The eligibility list and the substantiated recommendation of the selection committee shall be sent to the board of directors which shall make the final decision.

O.C. 1217-96, s. 15; T.B. 196313, s. 9.

16. There shall be no appeal regarding a decision made by the board of directors concerning the appointment of an executive director.

O.C. 1217-96, s. 16; T.B. 196313, s. 10.

17. Where no candidate is declared eligible by the selection committee or where the board of directors decides to appoint none of the candidates declared eligible, a new competition must be held.

O.C. 1217-96, s. 17; T.B. 196313, s. 11.

§ 5 . — Appointment and engagement

18. The executive director shall be appointed by the board of directors for a period not exceeding 4 years.

O.C. 1217-96, s. 18.

19. The executive director shall sign an engagement contract. This engagement contract shall contain the employment rights, obligations and benefits specific to the position of executive director, including annual vacations, social leaves and the terms and conditions for the annual appraisal of his work performance. This contract shall also provide that, in the event of a termination or non-renewal of appointment, the executive director shall receive the 90-day notice stipulated in section 132. He shall also benefit from the provisions regarding severance pay in accordance with the terms and conditions stipulated in sections 134 to 141 of this Regulation. The engagement contract of an executive director may make no provision for the payment of financial benefits other than those provided for in this Regulation.

Any provision of such contract that does not comply with the Act and the Regulations made thereunder is considered null.

O.C. 1217-96, s. 19; M.O. 2006-019, s. 6.

19.1. Any draft engagement contract of an executive director shall be sent to the president and executive director of the agency for authorization.

The draft contract authorized by the president and executive director of the agency and agreed upon with the executive director shall be the subject of a resolution of the board of directors of the employer.

In the event of a change to an engagement contract of an executive director, the board of directors shall proceed in accordance with this section.

M.O. 2006-019, s. 7.

20. The resolutions of the board of directors respecting the appointment of the executive director and the engagement contract of the executive director shall be sent to the president and executive director of the agency and to the Minister, as shall any subsequent change to the contract.

O.C. 1217-96, s. 20; T.B. 196313, s. 12; M.O. 2006-019, s. 8.

21. Except in the case of an agreement between the employer and the executive director on another deadline, the executive director may leave his duties 60 days after having sent a written notice to that effect to the board of directors.

O.C. 1217-96, s. 21.

§ 6 . — Renewal of engagement

22. The engagement contract of an executive director may be renewed, each time, for a period not exceeding 4 years.

The executive director shall notify the board of directors in writing, except when physically incapable of doing so, that he will make a decision on the renewal of his engagement contract 180 days before the expiry of his engagement contract. An executive director who is physically unable to do so shall send this notice within 15 days following the end of his inability.

The board of directors shall inform the executive director in writing at least 90 days before the end of his engagement contract of its decision to renew or not to renew the contract. The board of directors may not re-new the engagement contract of an executive director more than 12 months prior to the expiry date of the contract. In a case of non-renewal of engagement, the board of directors shall proceed as set out in Division 1 of Chapter 6.

Upon renewal of the engagement contract of the executive director, the board of director shall proceed in accordance with sections 19.1 and 20.

Where no decision has been made by the board of directors concerning the renewal of the executive director’s engagement contract and where the board of directors has failed to notify the executive director in writing of its decision at least 90 days prior to the end of his contract, the engagement contract shall be renewed for a term of the same duration.

Where the renewal notice of 180 days provided for in the second paragraph of this section has not been given, the engagement contract of the senior administrator shall be renewed for a period of 6 months or for successive periods of 6 months until such notice of 180 days has been given to the board of directors and the board of directors has had a period of 90 days to decide whether or not to renew the senior administrator’s contract. In that case, the senior administrator’s contract may be renewed for a period not exceeding 4 years decreased by the period elapsed since the moment where the contract should have been renewed initially.

O.C. 1217-96, s. 22; T.B. 196313, s. 13; M.O. 2006-019, s. 9.

DIVISION 2 APPOINTMENT OF AN ASSISTANT EXECUTIVE DIRECTOR AND A SENIOR MANAGERIAL ADVISOR

23. The appointment of an assistant executive director shall be made by resolution of the board of directors upon the recommendation of the executive director.

In a case of equivalent competency, a senior administrator or an officer employed by an agency, public institution or private institution referred to in section 475 of the Act, by an association of senior administrators or officers in the sector, by an employers’ association or by the Ministère de la Santé et des Services sociaux, shall have hiring priority over other candidates in a competition to obtain a position of assistant executive director.

There shall be no appeal regarding a decision made by the board of directors concerning the appointment of an assistant executive director.

O.C. 1217-96, s. 23; T.B. 196313, s. 14.

24. The position and title of senior managerial advisor shall only be granted to a senior administrator.

The appointment of a senior managerial advisor shall be made by resolution of the board of directors. The board of directors shall decide whether or not to establish a term for the engagement.

There shall be no appeal regarding a decision made by the board of directors concerning the appointment of a senior managerial advisor.

O.C. 1217-96, s. 24; T.B. 196313, s. 15.

DIVISION 3 MOVING EXPENSES

T.B. 196313, s. 16.

24.1. A senior administrator who accepts a senior administrator’s or officer’s position with his employer or with another employer shall be reimbursed by the employer concerned for his moving expenses when the senior administrator must move more than 50 km by road from his home base and his residence. The same rule applies to an officer who is appointed to a senior administrator’s position.

T.B. 196313, s. 16.

24.2. An employer must reimburse the moving expenses of an executive director covered by employment stability measures or designated as a senior managerial advisor who is from a school board, or an executive director who is from a general and vocational public college, where it is necessary for the executive director to move a distance of over 50 km by road from his home base and residence.

T.B. 196313, s. 16.

24.3. Moving expenses payable to the senior administrator under sections 24.1 and 24.2 are the same as those prescribed in the Directive concernant l’ensemble des conditions de travail des cadres (C.T. 208914, 2010-04-20) and its amendments for the public sector, with the necessary modifications.

T.B. 196313, s. 16; M.O. 2011-018, s. 3.

CHAPTER 3 REMUNERATION

DIVISION 1 GENERAL

25. A senior administrator may not receive from his employer, and an employer may not give a senior administrator, for the carrying out of his duties as senior administrator, any form of remuneration other than the remuneration provided for by this Regulation.

Notwithstanding the first paragraph, the board of directors may, in certain special circumstances and with the approval of the Conseil du trésor, give another form of remuneration.

O.C. 1217-96, s. 25; T.B. 196313, s. 17.

26. In general, no remuneration or compensation shall be paid to the senior administrator for the overtime occasionally required for the carrying out of his normal duties.

O.C. 1217-96, s. 26; T.B. 196313, s. 18.

DIVISION 2 EVALUATION CLASSES AND SALARY CLASSES

O.C. 1217-96, Div. 2; T.B. 196313, s. 19.

§ 1 . — Evaluation classes

T.B. 196313, s. 19.

27. The Minister shall determine the evaluation class of every position of senior administrator in accordance with the evaluation system he has established for the evaluation of positions of senior administrators and officers.

O.C. 1217-96, s. 27; T.B. 196313, s. 19; M.O. 2006-019, s. 10.

27.1. During the evaluation process provided for in section 27, the Minister shall forward the draft evaluation and the reasons on which it is based to the board of directors and to the senior administrators for consultation purposes.

If the board of directors or the senior administrators disagrees with the draft evaluation, he or it may apply in writing to be heard. The application must set out the reason for disagreement put forward by the board or directors or by the senior administrators, and be submitted within 60 days after the draft evaluation was received.

The Minister, after consulting the Association des directeurs généraux, the agencies and associations of institutions, shall appoint persons who did not take part in the draft evaluation to hear the board or directors or the senior administrators.

The report of the work of those persons, and their recommendation concerning the draft evaluation, shall be forwarded to the Minister within 60 days after the application of the board or directors or of the senior administrators was received.

T.B. 196313, s. 19; M.O. 2006-019, s. 11.

27.2. The Minister shall make a decision and inform the board or directors and the senior administrator of the classification of the position.

T.B. 196313, s. 19; M.O. 2006-019, s. 12.

27.3. (Revoked).

T.B. 196313, s. 19; M.O. 2006-019, s. 13.

27.4. (Revoked).

T.B. 196313, s. 19; M.O. 2006-019, s. 13.

27.5. The classification of a position of senior manager shall take effect on the date of the occurrence justifying the determination of the class or on the date fixed by the Minister. There shall be no appeal regarding a classification of a position of senior administrator made under sections 27 and 27.2.

T.B. 196313, s. 19; M.O. 2006-019, s. 14.

§ 2 . — Salary classes and annual adjustment

T.B. 196313, s. 19.

28. The evaluation classes determined in accordance with subdivision 1 of Division 2 of this Chapter correspond to the salary classes adjusted as follows:

(1)  for the period from 1 April 2016 to 31 March 2017: 1.5%;

(2)  for the period from 1 April 2017 to 31 March 2018: 1.75%;

(3)  for the period from 1 April 2018 to 31 March 2019: 2.0%.

Those adjusted salary classes are listed in Schedule 1.

For part-time senior administrators, the salary determined in the first paragraph is reduced proportionally to the hours of the position.

O.C. 1217-96, s. 28; O.C. 925-97, s. 5; T.B. 194783, s. 1; T.B. 196313, s. 19; T.B. 196626, s. 1; M.O. 2003-006, s. 1; M.O. 2006-019, s. 15; M.O. 2017-005, s. 1.

28.1. For the period from 1 April 2015 to 31 March 2016, the senior administrator receives a lump sum corresponding to 1.0% of the salary received.

M.O. 2017-005, s. 2.

28.2. For the period from 1 April 2019 to 31 March 2020, the senior administrator receives a lump sum corresponding to 0.5% of the salary received.

M.O. 2017-005, s. 2.

28.3. For the purposes of sections 28.1 and 28.2, the salary includes the benefits for maternity, paternity or adoption leave, benefits for parental leaves, salary insurance benefits including those paid by the Commission des normes, de l’équité, de la santé et de la sécurité du travail, by the Société de l’assurance automobile du Québec and those paid under the Crime Victims Compensation Act (chapter I-6) and those paid by the employer in the case of a work accident, if applicable.

M.O. 2017-005, s. 2.

DIVISION 3 ANNUAL INCREASE OF INDIVIDUAL SALARIES

§ 1 . — Salary increase following the adjustment of salary classes

29. When the salary classes are adjusted, the salary of a senior administrator shall be increased, where applicable, by a percentage equal to the percentage of adjustment of the salary classes determined pursuant to section 28. The increase may not cause the salary of the senior administrator to exceed the maximum for the salary class corresponding to the position held.

The adjustment of 1 April of each year applies to the salary classes in force on the previous 31 March.

O.C. 1217-96, s. 29; O.C. 925-97, s. 6; T.B. 196313, s. 20; M.O. 2003-006, s. 2; M.O. 2017-005, s. 3.

§ 2 . — Increase for satisfactory performance

30. On 1 April each year, a salary increase shall be granted to a senior administrator, unless his performance during the year ending on 31 March is deemed unsatisfactory. The employer’s substantiated written assessment shall be sent to the senior administrator during the reference period. There shall be no appeal regarding the content of the assessment.

The salary increase shall represent 4% of the senior administrator’s salary on 31 March, provided that the increase does not make the salary of the senior administrator higher than the maximum of the salary class for the position.

A reinstated senior administrator who performs the activities provided for in his reinstatement plan is entitled to receive the salary increase as though he had worked for the employer full-time.

A senior administrator whose position has been eliminated and who has chosen pre-retirement leave shall not be eligible for the increase.

Where a senior administrator has held his position for less than 1 year at the effective date of the salary increase or has changed employers during the reference period, the salary increase shall be established according to the time he has worked during the year prior to 1 April in that position or another position of senior administrator or officer with the same employer or another employer.

A senior administrator who has not worked during the whole year preceding 1 April, either because he is disabled or on leave without pay, deferred salary leave or progressive pre-retirement leave, is entitled to the salary increase according to the time worked during the year. However, for the purpose of calculating the percentage of the salary increase, a disabled senior administrator shall be considered as having been at work during the first 6 months of his disability.

Where a senior administrator holds on 1 July or has held during the year preceding this 1 July a part-time position, the rate of the salary increase shall be determined according to his relative annual work load during the year.

O.C. 1217-96, s. 30; O.C. 925-97, s. 7; T.B. 196313, s. 21.

DIVISION 4 INTEGRATION INTO A SALARY CLASS

§ 1 . — Appointment to a senior administrator position

31. The salary of a person who is appointed to a position of senior administrator or is designated to hold such a position temporarily shall be fixed by the board of directors within the salary class for the position of senior administrator.

O.C. 1217-96, s. 31; T.B. 196313, s. 22.

§ 2 . — Change in the evaluation class for a position

32. The employer shall increase the salary of a senior administrator holding a position of senior administrator whose evaluation class is raised, by a percentage equal to 5%, provided that the increase does not make the salary of the senior administrator higher that the maximum for the new salary class. However, the employer shall ensure that the senior administrator receives at least the minimum for the new class. The classification shall take effect on the date of the occurrence justifying the determination of the class, or on the date fixed by the Minister.

O.C. 1217-96, s. 32; T.B. 196313, s. 23.

33. Where the evaluation class for a position of senior administrator is lowered, the salary of the senior administrator holding that position shall either be decreased, if needed, to reach the maximum for the corresponding salary class, or maintained, if it is already within the range of this salary class.

When the salary of a senior administrator is thus decreased because the evaluation class of the position he holds has been lowered:

— the senior administrator shall receive as a lump sum the total difference between the salary he received prior to the new evaluation of his position and the new annual salary he is entitled to, for the first 3 years following the new evaluation;

— the senior administrator shall receive in the same manner two thirds of the difference between the salary he received prior to the new evaluation of his position and the new annual salary he is entitled to for the fourth year, during that fourth year;

— the senior administrator shall receive in the same manner one third of the difference between the salary he received prior to the new evaluation of his position and the new annual salary he is entitled to for the fifth year, during that fifth year.

O.C. 1217-96, s. 33.

§ 3 . — Change of senior administrator or officer position

PROMOTION

34. The salary of a senior administrator appointed to a position of senior administrator or officer in a higher evaluation class, shall be fixed by the board of directors within the new salary class.

O.C. 1217-96, s. 34; T.B. 196313, s. 24.

TRANSFER

35. The salary of a senior administrator appointed to a position of senior administrator or officer in the same evaluation class shall be fixed by the board of directors within the same salary class.

O.C. 1217-96, s. 35; T.B. 196313, s. 25.

DEMOTION

36. The salary of a senior administrator appointed to a position of senior administrator or officer in a lower evaluation class shall be reduced, if needed, to the maximum for the salary class of the new position, or maintained, if his salary is already within the range of the new salary class.

Where the salary of a senior administrator is decreased following such an appointment:

— the senior administrator shall receive as a lump sum the total difference between the salary he received prior to the appointment and the new annual salary he is entitled to, for the first 3 years following the appointment;

— the senior administrator shall receive in the same manner two thirds of the difference between the salary he received prior to the appointment and the new annual salary he is entitled to for the fourth year, during that fourth year;

— the senior administrator shall receive in the same manner one third of the difference between the salary he received prior to the appointment and the new annual salary he is entitled to for the fifth year, during that fifth year.

O.C. 1217-96, s. 36; T.B. 196313, s. 26.

§ 4 . — Assignment to a non-officer position

O.C. 1217-96, Sd. 4; M.O. 2011-018, s. 4.

37. A senior administrator who agrees with an employer to be assigned to a position of union member or unionizable non-member shall receive the salary corresponding to the classification determined by the employer in accordance with the salary provisions applicable to that position.

If the salary received by the senior administrator before the assignment is higher that the salary determined in accordance with the first paragraph, that salary shall be maintained provided that it is within the salary range for that position and does not exceed the maximum for that position, in which case it shall be reduced to that maximum.

If the salary of a senior administrator is reduced following such an assignment:

— the senior administrator shall receive as a lump sum the total difference between the salary he received prior to the assignment and the new annual salary he is entitled to, for the first 3 years following the appointment;

— the senior administrator shall receive in the same manner two thirds of the difference between the salary he received prior to the assignment and the new annual salary he is entitled to for the fourth year, during that fourth year;

— the senior administrator shall receive in the same manner one third of the difference between the salary he received prior to the assignment and the new annual salary he is entitled to for the fifth year, during that fifth year.

O.C. 1217-96, s. 37; T.B. 196313, s. 27.

DIVISION 5 PLURALITY OF POSITIONS

38. A senior administrator who agrees to hold, temporarily and simultaneously, another position of senior administrator or officer in addition to his usual position, shall receive remuneration determined by the employer concerned in the form of a lump sum. The remuneration may vary between 14% and 24% of the salary of the senior administrator concerned. In certain exceptional situations where positions are held cumulatively, the employer may grant higher lump-sum remuneration with the approval of the Conseil du trésor.

No senior administrator may hold cumulatively more than one additional position, and may not hold cumulatively a position under his direct or indirect responsibility.

No executive director may hold, cumulatively, an additional position with the same employer. The same applies to an acting executive director who did not, prior to being designated, hold a position of assistant executive director or senior managerial advisor with the employer.

A position may be held cumulatively for between 2 and 18 months, subject to any extension expressly authorized by the Minister. However, to replace a senior administrator or officer on disability leave, parental leave or public office leave, the position may be held for the duration of the leave.

O.C. 1217-96, s. 38; T.B. 196313, s. 28.

DIVISION 6 INTERIM

39. A senior administrator is considered to hold a position temporarily for an interim period when he is designated to hold a position of senior administrator or officer that is vacant or whose holder is on leave, and does not hold his usual position simultaneously.

An interim period may last between 2 and 18 months, subject to any extension expressly authorized by the Minister. However, to replace a senior administrator or officer on disability leave, parental leave or public office leave, the position may be held for the duration of the leave.

A senior administrator holding a position for an interim period shall receive the salary fixed by the board of directors within the salary class of the position held.

In certain cases, the board of directors may decide, with the approval of the Conseil du trésor, to pay the person holding a position for an interim period a salary higher than the maximum of the salary class for the interim position held.

A senior administrator holding a position for an interim period shall benefit from all the terms of employment prescribed by regulation.

A senior administrator holding a position for an interim period with another employer, after being granted leave without pay by his employer, shall be governed by Chapter 1, Chapter 3, excepting sections 33 to 38 inclusively, Chapters 4, 4.1 and 4.4, and Divisions 1 and 3 of Chapter 7.

O.C. 1217-96, s. 39; T.B. 196313, s. 29; M.O. 2011-018, s. 5.

DIVISION 6.1

(Revoked).

T.B. 193820, s. 4; M.O. 2017-005, s. 4.

39.1. (Revoked).

T.B. 193820, s. 4; T.B. 196313, s. 29.1; M.O. 2017-005, s. 4.

DIVISION 7 COMPENSATIONS AND ALLOWANCES

40. A senior administrator, other than a senior managerial advisor, may receive an availability allowance. This allowance is granted in cases where the senior administrator is required to ensure continuity in the delivery of health services or social services in order to avoid any break in the continuity of such services.

In order for the above allowance to be paid, the following conditions must be met:

(a)  the establishment in which the senior administrator works offers services 24 hours a day and 7 days a week;

(b)  because of the obligations inherent in the position, the senior administrator must be available to work on a regular basis outside of regular work hours.

This allowance is paid to the senior administrator in the form of a lump sum in proportion to the time worked and according to the procedures of the employer’s pay system. The allowance is 7.0% of an executive director’s and 3.5% of an assistant executive director’s salary.

O.C. 1217-96, s. 40; T.B. 196313, s. 30; M.O. 2011-007, s. 4.

40.1. A senior administrator, other than a senior managerial advisor, may receive a management allowance from a university establishment. This allowance is paid in the form of a lump sum and according to the procedures of the employer’s pay system.

The terms and conditions of the management allowance from a university establishment are established by the Minister. This allowance shall take effect on 1 April 2011.

M.O. 2011-007, s. 5.

40.2. A senior administrator, other than a senior administrator benefiting from the employment stability measures provided for in Chapter 5 or end-of-engagement measures provided for in Chapter 6, who has reached 55 years of age and has accumulated 15 years of continuous service on or after 1 April 2011, may receive an attraction and retention allowance.

This attraction and retention allowance corresponds to 10% of the salary that is paid to the senior administrator. It is paid in the form of a lump sum in proportion to the time worked and according to the procedures of the employer’s pay system. It shall take effect on the day when the senior administrator meets the 2 conditions for eligibility set forth in the first paragraph. This amount is revised on 1 April of each year, taking into account changes in the salary paid to the senior administrator.

Whatever the changes in the senior administrator’s salary, the cumulative percentage of annual payments fixed at 10% per year may not, under any circumstances, exceed 100% during the senior administrator’s career in the health and social services sector and the allowance may not be paid for a period of more than 10 years.

To be entitled to the attraction and retention allowance, a senior administrator shall commit, in writing, starting with the first payment, not to hold a regular or temporary position, whether full-time or part-time, of senior administrator, officer, union member, unionizable non-member or fee-earning consultant in the public and parapublic sectors for a period of 2 years following his or her departure. If this commitment is not met, the senior administrator must reimburse all amounts received as an attraction and retention allowance.

The board of directors may, in certain special circumstances and with the approval of the Minister, release the senior administrator from the commitment prescribed in the fourth paragraph.

In the case of a senior administrator who meets the criteria of having reached 55 years of age and having accumulated 15 years of continuous service on or before 31 March 2011, the applicable provisions shall be those of section 161, instead of those set forth in the first, second, third, fourth and fifth paragraphs.

From 1 April 2011, the Minister shall conduct a triennial evaluation of the appropriateness of this allowance. The Minister takes the appropriate follow-up actions after consulting with the association.

This section does not apply to a senior administrator who receives a retirement pension from a pension plan managed by Retraite Québec, other than the Pension Plan of Elected Municipal Officers (PPEMO), the Retirement Plan for Mayors and Councillors of Municipalities (RPMCM) or the Pension Plan of the Members of the National Assembly (PPMNA).

M.O. 2011-007, s. 5; M.O. 2011-018, s. 6.

41. A senior administrator shall receive the allowances for regional disparities under the same terms and conditions as those provided for in the collective agreements in effect in the health and social services sector.

O.C. 1217-96, s. 41.

CHAPTER 4 GROUP INSURANCE PLANS AND SICK LEAVE FUND

DIVISION 1 INTERPRETATION

42. In this chapter, unless the context indicates otherwise:

“benefits” means the benefits that a senior administrator receives as short-term salary insurance or the benefits he would have received had he been eligible to the mandatory basic long-term salary insurance plan; (prestation)

“date of taking over duties” means the date on which a person is appointed to a position of senior administrator; (date de l’entrée en fonction)

“disability” means the following: For the purposes of the short-term salary insurance plan, disability means a state of incapacity resulting from an illness, an accident, or serious complications of pregnancy of surgery related to birth planning requiring medical treatment and making the senior administrator totally incapable of carrying out the normal tasks of his employment or of any other employment with similar remuneration that is offered to the senior administrator by the employer. For the purposes of the long-term salary insurance plan, disability corresponds to the definition of total disability provided for in the management employees group insurance plans master policy; (invalidité)

“disability period” means the following: For the purposes of the short-term salary insurance plan, disability period means a continuous period of disability or successive periods of disability resulting from a single illness or accident, separated by less than 15 working days actually worked full-time or part-time according to the senior administrator’s position. Annual vacations, statutory holidays, leaves without pay, parental leaves or any other absence, paid or not, are not included in the calculation of the 15 working days. A subsequent disability period which the senior administrator declares to be due to an illness or accident which is totally unrelated to the previous disability is deemed to be a different disability period. A disability period resulting from an illness or injury caused voluntarily by the senior administrator himself, from alcoholism or drug addiction, from service in the armed forces or from active participation in a riot, insurrection, violation or criminal action is not deemed to be a disability period. However, in the case of alcoholism or drug addiction, the period during which the senior administrator receives medical care or treatment in view of his rehabilitation is deemed to be a disability period. For the purposes of the long-term salary insurance plan, disability period corresponds to the definition provided for in the management employees group insurance plans master policy; (période d’invalidité)

“insurer” means an insurance company having concluded a contract with the Québec Government for the purposes of insuring management employees in the public and parapublic sectors; (assureur)

“position” means a position that the senior administrator is deemed reasonably able to hold based on his education, training and experience; this position may be the position he held before his disability, a senior administrator position, or a position equivalent to the one he held before his appointment to a position of senior administrator, officer, unionizable non-member or union member; (poste)

“salary” means a senior administrator’s regular salary or the salary to which the senior administrator is entitled during a period of disability covered by the short-term salary insurance plan prescribed by Division 5 of this chapter, including:

(1)  remuneration paid for annual vacations and statutory holidays;

(2)  the lump sum resulting from the application of sections 33, 36, 37, 106.1 and 106.2;

(3)  the lump sum paid in the case of plurality of positions and allowances for regional disparities paid in accordance with section 41.

O.C. 1217-96, s. 42; T.B. 196313, s. 31.

DIVISION 2 GENERAL

43. The salary of a senior administrator holding a part-time position of senior administrator shall be computed for the purposes of calculating the benefits payable under this Chapter on the basis of the senior administrator’s average salary during the 12 weeks preceding the event that entitled him to a benefit and for which no disability period, annual vacation, leave without pay or maternity leave has been authorized.

O.C. 1217-96, s. 43; T.B. 196313, s. 32.

44. A senior administrator who is assigned to a position of union member or unionizable non-member may retain, on the date of his new assignment and provided that he has held a position of senior administrator or officer for at least 12 months, his group insurance plans.

O.C. 1217-96, s. 44; T.B. 196313, s. 33.

45. Where a leave without pay or partial leave without pay staggers over a period of less than 30 days, the senior administrator shall maintain his participation in the insurance plans and pay the contribution he would normally pay if he were at work.

When a leave without pay staggers over a period of 30 days or more, or during any other absence without pay, the participation of the senior administrator in the uniform life insurance plan shall be maintained. Also, the senior administrator shall maintain his participation in the mandatory basic health-accident insurance plan by paying his premiums as well as the employer’s contribution in the plan. He may, provided that he applies to the employer for that purpose before the planned date of the leave or absence, maintain his participation in the insurance plans listed in subparagraphs 1 and 2 of section 62 that he owned before the leave or the absence, in accordance with the provisions of the master policy.

During a partial leave without pay that staggers over a period of 30 days or more, the participation of the senior administrator in the insurance plans shall be maintained based on the time worked during the leave, with the senior administrator paying his premiums and the employer paying his contribution to the plans. However, the senior administrator may maintain his participation in the plans based on the time worked before the partial leave without pay. In this case, he shall pay his premiums and the employer’s contribution to the plans based on the time not worked, except for the employer’s contribution to the mandatory basic health-accident plan which shall continue to be paid by the employer.

The senior administrator on leave without pay or on partial leave without pay who maintains his participation in the insurance plans which he owned before the leave or the absence without pay shall also maintain his participation in the survivor’s pension plan in accordance with the provisions prescribed for this plan.

For the purposes of the short-term salary insurance plan, a disability beginning during the leave without pay or the absence without pay is deemed to begin on the date of the end of the leave or absence.

A senior administrator benefiting from a deferred salary leave plan shall continue to participate in the group insurance plans listed in subparagraphs 1 and 2 of section 62. The sharing of the contributions paid to the mandatory basic plans shall be maintained during the deferred salary leave plan, including during the leave period, according to the terms that would be applicable to the senior administrator if he were not benefiting from the deferred salary leave plan. Throughout the deferred salary leave plan, the contributions of the senior administrator and of the employer shall be based on the total salary, as shall the coverage, and not on the salary paid under the chosen option.

O.C. 1217-96, s. 45; O.C. 925-97, s. 8.

46. The employer shall ensure that the short-term salary insurance plan and the mandatory basic long-term salary insurance plan are applied to a disabled senior administrator in accordance with section 133.

O.C. 1217-96, s. 46.

46.1. Subdivisions 2 and 3 of Division 7 of this chapter shall not apply to a senior administrator who elects maintenance of his employment contract or reinstatement under section 94 or to a disabled senior administrator whose position is eliminated. However, where the senior administrator disagrees with the decision of the insurer to the effect that he does not satisfy the definition of disability, the senior administrator may submit his disagreement to the Tribunal d’arbitrage médical prescribed in the master policy.

O.C. 1217-96, s. 46.1.

DIVISION 3 ELIGIBILITY

47. A senior administrator holding a position of senior administrator at 70% or more of full-time is eligible for the benefit of the insurance plans prescribed in this chapter, at the expiry of 1 month from the date he takes over his duties, provided that he is then working. If he is not working on that date, he is eligible for the plans on the date he returns to work.

O.C. 1217-96, s. 47.

48. A senior administrator holding a position of senior administrator at more than 25% but less than 70% of full-time is eligible for the benefits of the insurance plans prescribed in this chapter, at the expiry of 3 months from the date he takes over his duties, provided that he is then working. If he is not working on that date, he is eligible for the plans on the date he returns to work.

O.C. 1217-96, s. 48.

48.1. Notwithstanding sections 47 and 48, shall not participate in group insurance plans provided for in this Chapter, any person who is appointed to a position of senior administrator, temporarily carries out the duties of a senior administrator or temporarily occupies a position of senior administrator with the employer while participating in group insurance plans for retired management personnel in the public and parapublic sectors or while receiving a pension under a pension plan administered by Retraite Québec, other than the Pension Plan of Elected Municipal Officers (PPEMO), the Retirement Plan for the mayors and councillors of municipalities or the Pension Plan of the Members of the National Assembly (PPMNA).

However, that person shall receive a compensatory amount equivalent to 6% of the salary paid to him for all his work.

M.O. 2009-008, s. 1.

49. Notwithstanding sections 47 and 48 and subject to the specific provisions to that effect prescribed in the master policy for the insurance plan listed in subparagraphs 1 and 2 of section 62, a senior administrator who, before becoming a senior administrator governed by this Regulation, was employed by an employer in the public and parapublic sectors and was eligible for a group insurance plan applicable to the employees of those sectors, is eligible for the insurance plans provided for in this chapter on the date he takes over his duties as a senior administrator covered by this Regulation, provided that his previous employment ended less than 30 days before the date he takes over his duties and he provides proof of his previous employment.

O.C. 1217-96, s. 49.

DIVISION 4 UNIFORM LIFE INSURANCE PLAN

50. A senior administrator is entitled to $6,400 of life insurance payable to his estate. That amount is reduced by 50% for a senior administrator holding a position of senior administrator at more than 25% but less than 70% full-time.

Where a senior administrator holds a position of senior administrator with several employers and that those positions amount to more than 70% of full-time, he is deemed to be a senior administrator holding a full-time position of senior administrator.

The maximum amount of life insurance that a senior administrator holding more than one position with several employers may receive is $6,400.

O.C. 1217-96, s. 50.

51. Subject to sections 44 and 152, a senior administrator’s adherence to the uniform insurance plan ends on the earlier of the following dates:

(1)  the date on which he ceases to be subject to the provisions of this chapter;

(2)  the date of his retirement.

O.C. 1217-96, s. 51.

DIVISION 5 SHORT-TERM SALARY INSURANCE PLAN

52. The short-term salary insurance plan covers the first 104 weeks of a disability period.

O.C. 1217-96, s. 52.

53. During the first week of disability, the senior administrator shall receive the salary to which he would have been entitled had he been at work.

O.C. 1217-96, s. 53.

54. From the second week of disability and up until the 26th week from the beginning of the disability, the senior administrator shall receive a salary insurance benefit equal to 80% of the salary to which he would have been entitled had he been at work.

From the 27th week of disability and up until the 104th week from the beginning of the disability, the senior administrator shall receive a salary insurance benefit equal to 70% of the salary to which he would have been entitled had he been at work.

O.C. 1217-96, s. 54.

55. The salary prescribed in section 53 and the benefit prescribed in section 54 shall be reduced by the amount of disability benefits or retirement benefits paid under the Automobile Insurance Act (chapter A-25), the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Crime victims compensation Act (chapter I-6) of the Act to promote good citizenship (chapter C-20), the Act respecting the Québec Pension Plan (chapter R-9) or any other retirement plan to which the employer contributes, without regard to subsequent increases in benefits consequent upon their indexation.

A senior administrator benefiting from a disability benefit or a retirement benefit covered by the first paragraph shall so advise the employer immediately.

O.C. 1217-96, s. 55.

56. A disabled senior administrator shall continue to contribute to his retirement plan and to be entitled to the benefits of the group insurance plans. From the second week of disability, a senior administrator receiving a salary insurance benefit is exempted from paying contributions to the insurance plans and to the retirement plan where the plan prescribes such an exemption.

O.C. 1217-96, s. 56.

57. Payment of short-term salary insurance benefits shall be made to a senior administrator by the employer upon presentation of vouchers establishing the disability for the duration of the disability falling within the first 104 weeks.

The senior administrator shall immediately notify the employer if he cannot be present at work because of a disability and shall accept any medical examination to be performed by the employer’s physician. The cost of such examination shall be borne by the employer.

A senior administrator who has been disabled for a period of at least 5 months shall also allow the employer or the employer’s representative, the insurer or any other consulting firm, to reveal the vouchers establishing the disability for the purposes of calculating the possibilities of offering him a position in accordance with the provisions of this Chapter.

O.C. 1217-96, s. 57; T.B. 196313, s. 34.

57.1. An employer that decides to suspend the payment of short-term salary insurance benefits to a senior administrator on the basis of the medical opinion obtained pursuant to the provisions of the second paragraph section 57, shall notify the senior administrator concerned in writing. The senior administrator shall have 10 days from the date of receipt of the employer’s notice to make his disagreement known in writing.

The senior administrator or the employer may, within 5 days after the date the notice in which the senior administrator makes his disagreement known was received, request that the employer’s and the senior administrator’s physicians reconcile their conflicting opinions. The 2 physicians have 15 days from the date of the request made by the employer or the senior administrator to produce a written report. If they fail to agree, or if the 15-day deadline has expired, the senior administrator and the employer have 7 days to agree on the choice of an expert physician from a list of names drawn up under section 154 or, if both agree, whose name does not appear on the list. If the parties fail to agree on the choice of an expert physician, either may ask the Minister in writing to designate an expert physician. The Minister shall appoint an expert physician from the list or whose name does not appear on the list within 10 days after receiving the request. The expert physician appointed shall perform his duties in accordance with a procedure and time limits that may vary from those prescribed in Division 1 of Chapter 7, provided his decision is made not later than 15 days after his appointment.

The expert physician may base his decision on the documents forwarded to him, and may meet and examine the senior administrator if he considers it relevant. His decision is final, without appeal and binding on the employer and the senior administrator.

The costs of the parties and the fees and honorarium of the expert physician shall be allocated in accordance with the provisions of section 155 for cases covered by Division 1 of Chapter 7. The senior administrator shall be on leave without pay for the duration of the procedure described in the first and second paragraphs, until a final decision is made by the expert physician.

This procedure differs from the arbitration procedure used to establish disability after 104 weeks, as provided for in section 76, and must in no case be confused with that procedure.

T.B. 196313, s. 34; M.O. 2007-006, s. 2.

58. Subject to sections 59, 71 and 72, a disabled senior administrator ceases to accumulate vacation days after a continuous disability period of at least 6 months.

O.C. 1217-96, s. 58.

59. A senior administrator receiving a short-term salary insurance plan benefit may, in agreement with his employer, benefit from a period of progressive return to work provided that, during that period, he carries out all the duties of the position he held before his disability or of any other position offered to him by the employer that corresponds to his training and experience and involves a similar remuneration.

During the period of progressive return to work, the senior administrator shall be deemed to be disabled and shall continue to be subject to his salary insurance plan. He shall receive, for the proportion of time he works, the salary of the position and any bonus, allowance, compensation or lump sum, and he shall accumulate vacation time. For the proportion of time he does not work, he shall receive the applicable salary insurance benefit.

A period of progressive return to work shall not normally exceed 6 consecutive months and may not have the effect of extending the disability period beyond 104 weeks.

O.C. 1217-96, s. 59; T.B. 196313, s. 35.

60. A senior administrator’s participation in the short-term salary insurance plan and his right to receive benefits shall end on the earliest of the following dates:

(1)  subject to section 44, the date on which he ceases to be subject to the provisions of this chapter;

(2)  the date on which use of his sick leaves begins in order to fully compensate the work load prescribed in the progressive retirement agreement and which immediately precedes the actual retirement;

(3)  the date on which his pre-retirement leave begins;

(4)  the date of his retirement.

O.C. 1217-96, s. 60; T.B. 196313, s. 87; M.O. 2011-007, s. 6.

DIVISION 6 SURVIVOR’S PENSION PLAN

61. A senior administrator shall be entitled to the survivor’s pension plan in accordance with the Directive concernant le régime des rentes de survivants (C.T. 188102, 95-12-05) subject to the fact that the words “civil servant” be replaced by the words “senior administrator”.

O.C. 1217-96, s. 61.

DIVISION 7 PLANS ISSUED BY AN INSURANCE COMPANY AND REHABILITATION

§ 1 . — Plans issued by an insurance company

62. Besides the plans that are issued by the Québec Government and prescribed in Divisions 4, 5 and 6, a senior administrator shall also be protected by plans issued by an insurance company.

The guaranties offered by these plans as well as the provisions governing them are those contained in the master policy of the management employees group insurance plans.

These plans are the following:

(1)  mandatory basic plans;

(a)  a health-accident insurance plan;

(b)  a long-term salary insurance plan;

(c)  a life insurance plan;

(2)  additional plans:

(a)  (subparagraph revoked);

(b)  a mandatory long-term salary insurance plan;

(c)  an optional additional life insurance plan.

O.C. 1217-96, s. 62; T.B. 196313, s. 36.

63. The cost of the mandatory basic plans shall be shared between the Government and all the participants in the plans according to the agreement signed by the Gouvernement du Québec and the associations representing the participants in the management employees group insurance plans of the public and parapublic sectors, for the length of the agreement.

The cost of the additional plans shall be paid entirely by the participants in the plans.

O.C. 1217-96, s. 63; T.B. 196313, s. 37.

§ 2 . — Rehabilitation

64. A senior administrator shall be eligible to rehabilitation as prescribed in the master policy provided that he meets the following eligibility criteria:

(1)  the disability began after 31 March 1994, and the senior administrator has been disabled for 6 months or more;

(2)  the senior administrator’s disability began more than 24 months prior to the earlier of the following dates:

(a)  his 65th birthday;

(b)  the earlier date on which he becomes eligible to:

i.  a retirement benefit without actuarial deduction based on 35 years of service credited to his retirement plan or on 32 years of service credited to the Pension plan of peace officers in correctional services (RRAPSC);

ii.  a retirement benefit with actuarial deduction the amount of which would correspond to the amount of a retirement benefit without actuarial deduction based on 35 years of service credited to his retirement plan or on 32 years of service credited to the Pension plan of peace officers in correctional services (RRAPSC).

O.C. 1217-96, s. 64.

65. However, a senior administrator shall not be eligible to rehabilitation in either of the following circumstances:

(1)  the treating physician or the insurer confirms that the senior administrator is able to return to work without rehabilitation;

(2)  the insurer confirms that the senior administrator will not return to work;

(3)  the insurer confirms that the senior administrator is not capable of rehabilitation.

O.C. 1217-96, s. 65.

66. A senior administrator who is offered in writing by the employer a position which is in relation with his rehabilitation plan shall notify the employer in writing of his acceptance or refusal of this position, whether the rehabilitation begins before or after the end of the first 104 weeks of disability. This position shall not involve a weekly work load which is lower than the work load of the pension he held at the beginning of his disability.

After the first 104 weeks of disability, the senior administrator must accept the position or else the employer may terminate his engagement contract.

O.C. 1217-96, s. 66; T.B. 196313, s. 87.

67. The period during which the senior administrator may hold, on trial, a position which is in relation with his rehabilitation plan shall not have the effect of extending the disability period beyond 104 weeks.

O.C. 1217-96, s. 67.

68. A senior administrator whose rehabilitation takes place during the first 104 weeks of disability is deemed to be disabled during that period and he shall receive, for the time he works in a position in relation with his rehabilitation plan, a short-term salary insurance plan benefit equal to 90% of the salary to which he would have been entitled had he been at work in his position and, for the time he does not work or the waiting period for such a position, if such is the case, a benefit equal to 70% of that salary.

This benefit shall be subject to the provisions which apply to the waiver of insurance and retirement plans premiums and shall also be subject to the provisions governing the coordination of the benefit, in accordance with the terms and dispositions prescribed in Division 5.

However, a senior administrator whose rehabilitation takes place in his position shall receive his salary for the time he works and shall be governed by the provisions which apply to that position.

O.C. 1217-96, s. 68.

69. A senior administrator whose rehabilitation takes place in part after the 104th week of disability shall be entitled to the provisions which apply to the first 104 weeks of disability, until the end of that period.

From the 105th week and until the end of the rehabilitation, the senior administrator shall receive for the time he works the salary of the position in relation with his rehabilitation plan, which salary shall not be lower than the mandatory basic long-term salary insurance plan benefit. For the time he does not work, the senior administrator shall receive a salary equal to that benefit. Moreover, a senior administrator whose rehabilitation takes place in his position shall receive his salary for the time he works and a salary equal to the mandatory basic long-term salary insurance plan benefit for the time he does not work.

O.C. 1217-96, s. 69.

69.1. A senior administrator who, despite already being considered disabled, must again leave work by reason of a disability resulting from the same illness or accident, before the end of the first 104 weeks of disability but after having completed his rehabilitation, is deemed to have suffered a reoccurrence of the disability.

In such a case, the senior administrator shall continue to receive a benefit equal to 90% of the salary to which he would have been entitled had he continued to work in his position, up to 104 weeks from the beginning of the disability, and the provision set out in the second paragraph of section 68 shall apply.

T.B. 196313, s. 38.

69.2. Where a new disability begins before the end of the first 104 weeks of the first disability, but after the senior administrator has completed his rehabilitation, the senior administrator is considered to be disabled in the position that he held at the beginning of the new disability. However, the senior administrator shall continue to receive a benefit equal to 90% of the salary to which he would have been entitled had he worked in the position that he held at the beginning of the first disability, up to 104 weeks from the beginning of the first disability, and the provision set out in the second paragraph of section 68 shall apply.

After the first 104 weeks of the first disability, a senior administrator whose rehabilitation took place in a position in relation with his rehabilitation plan shall be assigned to that position in accordance with the first paragraph of section 73.

From the date of the assignment, the provisions of Division 5 shall apply, up to 104 weeks from the beginning of the new disability, with regard to the salary of the position to which the senior administrator is assigned in accordance with the first paragraph of section 73.

T.B. 196313, s. 38.

70. A senior administrator whose rehabilitation takes place entirely after the 104th week of disability shall receive for the time he works the salary of the position in relation with his rehabilitation plan, which salary shall not be lower than the mandatory basic long-term salary insurance plan benefit.

O.C. 1217-96, s. 70.

71. A senior administrator shall accumulate vacation time during the time he works in a position which is in relation with his rehabilitation plan.

O.C. 1217-96, s. 71; T.B. 196313, s. 39.

72. The training or development period scheduled in a senior administrator’s rehabilitation plan approved by the insurer is deemed to be time the senior administrator works in a position in relation with his rehabilitation plan.

O.C. 1217-96, s. 72.

73. The senior administrator shall be assigned by an employer to a position in relation with his rehabilitation plan at the end of the 104th week of disability or, if such is the case, at the end of his rehabilitation if the rehabilitation ends after the 104th week, and he shall receive from the date of the assignment the salary of that position and shall be governed, subject to section 44, by the provisions which apply to that position.

The premiums and contributions to the insurance and retirement plans shall be established based on that salary.

O.C. 1217-96, s. 73; T.B. 196313, s. 40.

74. A Sectorial Committee or Rehabilitation is hereby established. This Committee is composed of:

— 4 representatives designated jointly by the Association des directeurs généraux des services de santé et des services sociaux du Québec, the Association des cadres supérieurs de la santé et des services sociaux, the Association des gestionnaires des établissements de santé et de services sociaux and the APER santé et services sociaux;

— 1 representative designated by the employers’ associations that represent the institutions;

— 1 representative designated by the agencies;

— 1 representative designated by the minister.

The committee may appoint resource persons, if needed.

O.C. 1217-96, s. 74; T.B. 196313, s. 41; M.O. 2006-019, s. 16.

75. The Sectorial Committee shall carry out the following duties:

(1)  at the request of one of the parties:

— analyze any particular problem pertaining to the return to work;

— intervene with the employer, the senior administrator and the insurer by suggesting appropriate solutions, notably in cases where the return to work may involve the temporary use of the senior administrator’s services and in the situation prescribed in the second paragraph of section 79;

(2)  evaluate the functioning of the rehabilitation programme and carry out the follow-up.

O.C. 1217-96, s. 75.

§ 3 . — Disability after 104 weeks

76. When the employer receives notice from the insurer to the effect that the senior administrator does not satisfy the definition of disability and that payment of the benefits shall be interrupted or refused, the employer may submit to the Tribunal d’arbitrage médical the disagreement that opposes the employer to the insurer in order to establish whether or not the senior administrator satisfies the definition, in accordance with the medical arbitration convention agreed upon with the insurer and provided that the senior administrator accepts that the disagreement be submitted to the arbitration court for final decision.

Where the employer and the senior administrator agree with the decision of the insurer to the effect that the senior administrator does not satisfy the definition of disability, the employer must offer an available position to the senior administrator and the applicable provisions are those prescribed in section 79 in the case of the acceptance of a position or in section 80 during the waiting period for such a position.

The disagreement of the senior administrator with the insurer’s decision to the effect that he does not satisfy the definition of disability may be submitted to the arbitration court by the senior administrator, under the conditions prescribed in the medical arbitration convention. In such a case, the employer shall pay no expenses.

O.C. 1217-96, s. 76.

77. The employer shall pay to the senior administrator a salary equal to the benefit, for the period beginning on the date of interruption of payment of the benefit or the date the refusal to pay the benefit comes into effect and ending on the date the decision of the Tribunal d’arbitrage médical is rendered, if the following conditions are met:

(1)  the senior administrator has adhered to the medical arbitration convention agreed upon with the insurer;

(2)  the disagreement between the employer and the insurer or between the senior administrator and the insurer has been submitted to the arbitration court for final decision, in accordance with the medical arbitration convention agreed upon with the insurer.

O.C. 1217-96, s. 77.

78. When the Tribunal d’arbitrage médical confirms that the senior administrator does not satisfy the definition of disability, payment of the premiums and contributions to the insurance and retirement plans shall be made retroactively from the date of interruption of payment of the benefit or the date the refusal to pay the benefit came into effect and the employer continues to pay the senior administrator a salary equal to the benefit, until the employer offers him a position. Where the disagreement was submitted to the arbitration court by the senior administrator, the senior administrator shall reimburse the salary that was paid to him to the employer.

When the arbitration court confirms the senior administrator’s disability, the employer shall continue to pay a salary equal to the benefit until the date on which the insurer pays the benefit. The insurer shall reimburse to the employer the amounts that are equivalent to the benefits paid to the senior administrator by the employer. The employer shall reimburse to the senior administrator the arbitration fees as well as the medical examination fees paid by him, if any.

O.C. 1217-96, s. 78.

79. A senior administrator who does not satisfy the definition of disability after the first 104 weeks from the beginning of the disability must accept a position offered to him by an employer in his administrative region or by an employer in another administrative region located less than 50 km by road from his home base and his residence, except during the period where he has submitted his disagreement with the insurer to a medical arbitration court, or if the position involves a weekly work load that is lower than that of the position he held at the beginning of the disability.

A senior administrator assigned to another position in accordance with the first paragraph shall receive the salary for that position and shall be governed, subject to section 44, by the provisions that apply to that position.

The premiums and contributions to the insurance and retirement plans shall be established on the basis of the new salary.

If the senior administrator refuses the position offered, his employer may terminate his engagement 15 days after sending him a notice of intention. A copy of the notice shall be forwarded to the sectoral committee provided for in section 74. During the 15-day period, the employer must allow the sectoral committee to intervene as necessary in accordance with section 75.

O.C. 1217-96, s. 79; T.B. 196313, s. 42.

80. During the waiting period for a position, when the employer and the senior administrator agree with the insurer’s decision or from the date on which the decision of the Tribunal d’arbitrage médical is rendered to the effect that the senior administrator does not satisfy the definition of disability, the senior administrator shall receive a salary equal to the benefit and the premiums and contributions to the insurance and retirement plans shall be established based on that salary. The employer may temporarily use the services of the senior administrator during that period for duties that take into account the senior administrator’s training and experience. The senior administrator shall accumulate vacation time and continuous service during the time he works.

O.C. 1217-96, s. 80.

81. Payment to the senior administrator of a salary equal to the benefit, under this subdivision, shall not go beyond the date on which the benefit ends according to the master policy.

O.C. 1217-96, s. 81.

82. Beside the situation prescribed in section 133, a senior administrator shall also maintain his employment relationship with his employer when the insurer refuses or ceases to pay to the senior administrator long-term salary insurance benefits, until the decision of the Tribunal d’arbitrage médical, if such is the case.

Notwithstanding the foregoing, where the insurer is released from his obligations under this Division by paying a lump sum to the senior administrator, the employer shall terminate the disabled senior administrator’s employment relationship.

O.C. 1217-96, s. 82; T.B. 193820, s. 5.

DIVISION 8 SICK-LEAVE FUND

§ 1 . — General

83. A senior administrator who, at 31 December 1973, had a sick-leave fund acquired with 1 or more employments, may use the fund for the purposes of redeeming years of prior service for which no contributions were made to the Government and Public Employees Retirement Plan (RREGOP) for the purposes of pre-retirement, in the case of departure or death or for the purposes of making up the difference between the salary insurance benefit and the net salary.

O.C. 1217-96, s. 83.

84. At the senior administrator request, the employer shall give him a statement of the sick-leave fund accumulated at 31 December 1973, and authorized by the Department.

O.C. 1217-96, s. 84.

85. The sick-leave days accumulated by a union member or by a unionizable non-member appointed as a senior administrator after 31 December 1973 are governed by the provisions that apply to the group to which the senior administrator originally belonged or could have belonged before his appointment as a senior administrator.

O.C. 1217-96, s. 85; T.B. 196313, s. 43.

§ 1.1 . — Transfer of the sick-leave fund

T.B. 196313, s. 44.

85.1. On the date on which the employment relationship is terminated, a senior administrator may choose either to transfer his sick-leave fund to an employer in the parapublic sector or to be reimbursed in accordance with the terms and conditions set out in paragraph 4 of section 86.

Where the senior administrator’s sick-leave fund is transferred to an employer in the parapublic sector, a document stating the number of days of sick leave transferred and the terms and conditions for their use shall be prepared by the senior administrator’s employer and forwarded to the new employer in the parapublic sector.

T.B. 196313, s. 44.

85.2. An employer must allow a senior administrator formerly employed by an employer in the parapublic sector to transfer his sick-leave fund, as of the date of termination of the employment relationship, where the senior administrator has so chosen. In such a case, the terms and conditions for reimbursement for that sick-leave fund shall be maintained.

T.B. 196313, s. 44.

§ 2 . — Use of the sick-leave fund

86. A senior administrator may use the sick-leave days in his fund in the following manner:

(1)  for the purposes of redeeming years of prior service for which no contributions were made to the Government and Public Employees Retirement Plan (RREGOP), in accordance with the rules respecting retirement plan;

A senior administrator may use his full sick-leave fund as follows:

(a)  the first 60 days at 100% of their value;

(b)  the portion exceeding 60 days, without limit, at 50% of their value;

(2)  for the purposes of making up the difference between the salary insurance benefit and the net salary of the senior administrator:

In such case, the disabled senior administrator may use his sick-leave fund to make up the difference between the short-term salary insurance benefit provided for in section 54 and the net salary he would receive if he were not on disability leave; the net salary corresponds to the gross salary that he would receive if he were at work, less federal and provincial income taxes, and contributions to the Québec Pension Plan, the employment insurance plan and the retirement plan;

Days or parts of days used in accordance with the second paragraph shall be subtracted from the sick-leave fund;

(3)  for the purposes of taking a pre-retirement leave:

In such case, the sick-leave fund may be used in full, at the rate of 1 day of pre-retirement for each day in the fund;

(4)  in the case of departure or death:

A senior administrator may be reimbursed up to a maximum of 120 days from his sick-leave fund, from which must be subtracted the number of days used under subparagraphs 1, 2 and 3; those days may be reimbursed as follows:

(a)  the first 60 days at 100% of their value, from which must be subtracted the number of days already used under subparagraphs 1, 2 and 3 of this section;

(b)  the next 60 days at 50% of their value, from which must be subtracted the number of days already used at 50% for the purposes of redeeming years of prior service for which no contributions were made to the Government and Public Employees Retirement Plan (RREGOP);

(5)  for the purpose of taking a pre-retirement leave to replace the long-term salary insurance benefit:

A senior administrator who receives a benefit from the mandatory basic long-term salary insurance plan may elect to take a pre-retirement leave instead and in place of this benefit, provided that this pre-retirement does not exceed the date of the end of the benefit from this plan which would otherwise have been applicable to him; in such case, the sick-leave fund may be used in full, at the rate of 1 day of pre-retirement for each day in the fund.

O.C. 1217-96, s. 86; T.B. 196313, s. 45.

87. The value of the sick-leave days is calculated on the basis of the senior administrator’s salary at the time they are used. The daily salary is obtained by dividing the senior administrator’s annual salary in force at the time of use by 260.9.

Notwithstanding the first paragraph of this section, where the senior administrator is on long-term disability at the time of their use, his salary shall be equivalent to the salary he was receiving at the end of the first 104 weeks of disability, adjusted on 1 January of each year according to the same procedures that apply to the mandatory basic long-term salary insurance plan benefit.

O.C. 1217-96, s. 87.

CHAPTER 4.1 PARENTAL RIGHTS PLAN

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

DIVISION 1 GENERAL

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.1. In this chapter,

“service” means, for the purposes of this Chapter, the service of a senior administrator recognized under subparagraph 3 of the first paragraph of section 87.18. 

“spouse” means either of two persons who

(a)  are married or in a civil union and cohabiting;

(b)  are of opposite sex or the same sex and have been living together in a conjugal relationship and are the father and mother of the same child;

(c)  are of opposite sex or the same sex and have been living together in a conjugal relationship for at least 1 year.

However, persons shall cease to be considered as spouses upon the dissolution of their marriage through divorce or annulment or upon dissolution of their civil union by court decision, notarized joint declaration or by annulment of the civil union or, if they are living in a conjugal relationship, upon a de facto separation for a period exceeding 3 months.

“weekly salary” means the annual salary of a senior administrator divided by 52.18, including the lump sums paid pursuant to sections 33, 36, 37 and the last paragraph of section 106.1, without any additional remuneration.

T.B. 193820, s. 6; M.O. 2011-018, s. 7; M.O. 2017-005, s. 6.

87.2. Unless expressly stipulated otherwise, no provision in this chapter shall have the effect of giving a senior administrator a monetary or non-monetary benefit which the senior administrator would not have had had he or she remained at work.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.3. Compensation for maternity leave, paternity leave or adoption leave shall be paid only as a supplement to parental insurance benefits or employment insurance benefits, as the case may be, or in the cases mentioned below, as payments during a period of absence for which the Québec Parental Insurance Plan and the Employment Insurance Plan provide no benefit.

Subject to paragraph 1 of section 87.16 and section 87.17, compensation for maternity leave, paternity leave and adoption leave, however, is paid only during the weeks the senior administrator receives or would receive, after submitting an application for benefits, benefits under the Québec Parental Insurance Plan or the Employment Insurance Plan.

If a senior administrator shares adoption or parental benefits under the Québec Parental Insurance Plan or the Employment Insurance Plan with his or her spouse, an allowance shall be paid only if the senior administrator actually receives a benefit under one of these plans during the maternity leave provided for in section 87.7, the paternity leave provided for in section 87.30 or the adoption leave provided for in section 87.41.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.4. Where both parents are women, the allowances and benefits granted to the father shall be granted to the mother who did not give birth.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.5. The employer shall not reimburse a senior administrator for amounts that may be claimed from the senior administrator by the Minister of Employment and Social Solidarity under the Act respecting parental insurance (chapter A-29.011) or by Employment and Social Development Canada (ESDC) under the Employment Insurance Act (S.C. 1996, c. 23).

T.B. 193820, s. 6; M.O. 2011-018, s. 7; M.O. 2017-005, s. 5.

87.6. The weekly salary, the weekly salary paid under the deferred salary leave plan and the severance payment may not be increased or decreased by the amounts received under the Québec Parental Insurance Plan or the Employment Insurance Supplemental Unemployment Benefit Plan.

T.B. 193820, s. 6; M.O. 2011-018, s. 7; M.O. 2017-005, s. 7.

DIVISION 2 MATERNITY LEAVE

M.O. 2011-018, s. 7.

87.7. A pregnant senior administrator who is eligible for the Québec Parental Insurance Plan is entitled to 21 weeks of maternity leave which, subject to sections 87.10 or 87.11, must be consecutive.

A pregnant senior administrator who is not eligible for the Québec Parental Insurance Plan is entitled to 20 weeks of maternity leave which, subject to sections 87.10 or 87.11, must be consecutive.

Maternity leave may be for a shorter duration than the durations mentioned in the first and second paragraphs. A senior administrator who returns to work within 2 weeks following the birth must, at the employer’s request, submit a medical certificate attesting that she has sufficiently recovered to return to work.

A senior administrator who becomes pregnant while on leave without pay or partial leave without pay provided for in this chapter is also entitled to maternity leave and to the benefits provided for in sections 87.14, 87.16 and 87.17, as the case may be.

If a senior administrator’s spouse dies, the remainder of the maternity leave and the rights and benefits attached thereto shall be transferred to the senior administrator.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.8. A senior administrator is also entitled to maternity leave if her pregnancy is terminated after the beginning of the 20th week preceding the expected date of delivery.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.9. The distribution of maternity leave, before and after delivery, shall be decided by the senior administrator. However, this leave shall be concurrent with the period during which benefits are paid under the Act respecting parental insurance (chapter A-29.011) and must begin no later than the week following the start of benefit payments under the Québec Parental Insurance Plan.

For a senior administrator who is eligible for benefits under the Employment Insurance Plan, maternity leave must include the day of the delivery.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.10. A senior administrator may suspend her maternity leave and return to work when she has sufficiently recovered from the delivery and the child is unable to leave the health institution. The suspension shall end when the child is brought home. A senior administrator whose child is hospitalized within 15 days of birth also has this right.

Furthermore, when a senior administrator has sufficiently recovered from delivery and her child is hospitalized more than 15 days after leaving the health institution, the senior administrator may suspend her maternity leave, upon agreement with her employer, and return to work for the duration of this hospitalization.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.11. At a senior administrator’s request, maternity leave may be divided into weeks if her child is hospitalized, or if one of the situations, other than a pregnancy-related illness, provided for in sections 79.1 or 79.8 to 79.12 of the Act respecting labour standards (chapter N-1.1) occurs.

The maximum number of weeks during which the maternity leave may be suspended is equal to the number of weeks during which the child is hospitalized. For other maternity leave division options, the number of weeks of suspension is that prescribed in the Act respecting labour standards for such a situation.

During such suspension, a senior administrator is deemed to be on leave without pay and shall not receive any allowance or benefit from the employer; however, she receives the benefits provided for in section 87.56.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.12. When a senior administrator resumes a maternity leave that was suspended or divided under section 87.10 or 87.11, the employer shall pay unto the senior administrator the allowance to which she would have been entitled had she not availed herself of the suspension or division for the number of weeks remaining under sections 87.14, 87.16 or 87.17, as the case may be, subject to section 87.3.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.13. To obtain maternity leave, a senior administrator must give the employer a written notice at least 2 weeks before the date of departure. The notice must be accompanied by a medical certificate or a written report signed by a midwife attesting to the pregnancy and expected date of delivery.

The time period to give notice may be shorter if a medical certificate certifies that the senior administrator must stop working earlier than expected. In case of unforeseen events, the senior administrator shall not be required to give notice, subject to submitting a medical certificate to her employer stating that she must immediately stop working.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

§ 1 . — Senior administrator who is eligible for the Québec Parental Insurance Plan

M.O. 2011-018, s. 7.

87.14. A senior administrator who has accumulated 20 weeks of service and who is eligible for benefits under the Québec Parental Insurance Plan receives, during the 21 weeks of her maternity leave, an allowance calculated using the following formula:

(1)  by adding

(a)  the amount representing 100% of the senior administrator’s weekly salary up to $225; and

(b)  the amount representing 88% of the difference between the senior administrator’s weekly salary and the amount established in subparagraph a; and

(2)  by subtracting from that sum the amount of maternity or parental benefits she receives from the Québec Parental Insurance Plan, or would receive after submitting an application for benefits.

The allowance is calculated on the basis of the benefits that a senior administrator is entitled to receive under the Québec Parental Insurance Plan, without taking into account the amounts subtracted from those benefits for repayment of benefits, interest, penalties and other amounts recoverable under the Act respecting parental insurance (chapter A-29.011).

However, if a change is made to the amount of the allowance paid under the Québec Parental Insurance Plan as the result of a change in the information provided by the employer, the employer shall correct the amount of the allowance accordingly.

A senior administrator who works for more than one employer shall receive an allowance equal to the difference between the amount established in subparagraph 1 of the first paragraph and the percentage of benefits paid under the Québec Parental Insurance Plan that represents the weekly salary paid by the employer proportionate to the sum of the weekly salaries paid by all the employers. For that purpose, the senior administrator shall submit to each employer a statement of the weekly salary paid by each employer, along with the amount of benefits paid to her under the Act respecting parental insurance.

T.B. 193820, s. 6; M.O. 2011-018, s. 7; M.O. 2017-005, s. 8.

87.15. The employer may not use the maternity leave compensation that it pays to the senior administrator to offset the reduction in Québec Parental Insurance Plan benefits attributable to the salary earned with another employer.

Notwithstanding the first paragraph, the employer shall offset such a reduction if the senior administrator shows that the salary earned is a regular salary, by means of a letter to that effect from the employer paying it. If the senior administrator shows that only a portion of this salary is regular, the compensation shall be limited to that portion.

An employer paying a regular salary as prescribed in the second paragraph must provide such a letter at the request of the senior administrator.

The total amounts that a senior administrator receives during her maternity leave in benefits under the Québec Parental Insurance Plan, allowance and salary may not exceed the gross amount established in subparagraph 1 of the first paragraph of section 87.14. The formula must be applied to the sum of the weekly salaries received from her employer under section 87.14 or, as the case may be, from her employers.

T.B. 193820, s. 6; M.O. 2011-018, s. 7; M.O. 2017-005, s. 9.

§ 2 . — Senior administrator who is eligible for the Employment Insurance Plan

M.O. 2011-018, s. 7.

87.16. A senior administrator who has accumulated 20 weeks of service and who is eligible for the Employment Insurance Plan but who is not eligible for the Québec Parental Insurance Plan is entitled to receive, during the 20 weeks of her maternity leave, an allowance calculated as follows:

(1)  for each week of the waiting period prescribed under the Employment Insurance Plan, an allowance calculated by adding

(a)  the amount representing 100% of the senior administrator’s weekly salary up to $225; and

(b)  the amount representing 88% of the difference between the senior administrator’s weekly salary and the amount established in subparagraph a;

(2)  for each week following the weeks mentioned in subparagraph 1, an allowance calculated using the following formula:

(a)  by adding

i.  the amount representing 100% of the senior administrator’s weekly salary up to $225; and

ii.  the amount representing 88% of the difference between the senior administrator’s weekly salary and the amount established in subparagraph i; and

(b)  by subtracting from that sum the amount of maternity or parental benefits she receives under the Employment Insurance Plan or would receive after submitting an application for benefits.

The allowance is calculated on the basis of the employment insurance benefits that a senior administrator is entitled to receive, without taking into account the amounts subtracted from those benefits for repayment of benefits, interest, penalties and other amounts recoverable under the Employment Insurance Plan.

However, if a change is made to the amount of the benefit paid under the Employment Insurance Plan as the result of a change in the information provided by the employer, the employer shall correct the amount of the allowance accordingly.

A senior administrator who works for more than one employer shall receive an allowance from each of her employers. In such a case, the allowance is equal to the difference between the amount in subparagraph a of subparagraph 2 of the first paragraph and the amount of the Employment Insurance Plan that represents the weekly salary that it pays proportionate to the weekly salaries paid by all the employers. For that purpose, the senior administrator shall submit to each of her employers a statement of the weekly salary paid by each employer, together with the amount of the benefits payable to her under the Employment Insurance Act (S.C. 1996, c. 23). 

Moreover, if Employment and Social Development Canada (ESDC) reduces the number of weeks of employment insurance benefits to which a senior administrator would have otherwise been entitled had she not received employment insurance benefits before her maternity leave, the senior administrator shall continue to receive, for a period equivalent to the weeks subtracted by ESDC, the allowance provided for in subparagraph 2 of the first paragraph as if she had received employment insurance benefits during that period.

Section 87.15 applies, with the necessary modifications.

T.B. 193820, s. 6; M.O. 2011-018, s. 7; M.O. 2017-005, ss. 5 and 10.

§ 3 . — Senior administrator who is ineligible for benefits under the Québec Parental Insurance Plan or the Employment Insurance Plan

M.O. 2011-018, s. 7.

87.17. A senior administrator who is ineligible for benefits under the Québec Parental Insurance Plan or the Employment Insurance Plan is also excluded from any allowance provided for in sections 87.14 and 87.16.

However, a senior administrator who has accumulated 20 weeks of service, as defined in subparagraph 3 of the first paragraph of section 87.18, is entitled to an allowance calculated using the following formula, for 12 weeks, if she does not receive benefits under a parental rights plan established by another province or a territory:

by adding

(1)  the amount representing 100% of the senior administrator’s weekly salary up to $225; and

(2)  the amount representing 88% of the difference between the senior administrator’s weekly salary and the amount established in subparagraph 1.

The fourth paragraph of section 87.15 applies with the necessary modifications.

T.B. 193820, s. 6; T.B. 196313, s. 46; M.O. 2011-018, s. 7; M.O. 2017-005, s. 11.

§ 4 . — Special provisions

M.O. 2011-018, s. 7.

87.18. In the cases provided for by sections 87.14, 87.16 and 87.17:

(1)  no compensation may be paid during a vacation period during which a senior administrator receives her salary;

(2)  unless the salary is paid on a weekly basis, the allowance shall be paid at 2-week intervals, the first payment being due, in the case of a senior administrator eligible for benefits under the Québec Parental Insurance Plan or the Employment Insurance Plan, only 15 days after the employer obtains proof that she is receiving benefits under one of those plans. For the purposes of this paragraph, a statement of benefits, a payment stub or information provided, by means of an official statement, by the Ministère du Travail, de l’Emploi et de la Solidarité sociale or by Employment and Social Development Canada (ESDC) shall be accepted as proof;

(3)  service shall be calculated with all employers of the public and parapublic sectors (public service, education, health and social services), health and social service agencies, all agencies for which, by law, the employees’ employment conditions or standards and scales of remuneration are determined or approved by the government, the Office franco-québécois pour la jeunesse, the Société de gestion du réseau informatique des commissions scolaires (GRICS) or any other agency listed in Schedule C of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2).

Moreover, the requirement of 20 weeks of service under sections 87.14, 87.16 and 87.17 is deemed to have been met, if the senior administrator has satisfied this requirement with any employer mentioned in this paragraph;

(4)  the weekly salary of a part-time senior administrator is the average weekly salary of the last 20 weeks preceding her maternity leave.

If, during that period, a senior administrator received benefits established at a certain percentage of her regular salary, it shall be understood that, for the purpose of calculating her salary during her maternity leave, the salary referred to is that on the basis of which such benefits are determined.

Moreover, any period during which a senior administrator on special leave as provided for in section 87.25 did not receive an indemnity from the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), as well as the weeks during which the senior administrator was on annual leave or was absent without pay in accordance with the Regulation, are excluded for the purpose of calculating the average weekly salary.

If the period of 20 weeks preceding a part-time senior administrator’s maternity leave includes the date on which salaries are adjusted, the calculation of the weekly salary shall be made on the basis of the salary in force on that date. Moreover, if the maternity leave includes the date on which salaries are adjusted, the weekly salary shall change on that date in accordance with the adjustment formula applicable to her salary class.

The provisions of this paragraph constitute one of the express provisions covered by section 87.2.

T.B. 193820, s. 6; M.O. 2011-018, s. 7; M.O. 2017-005, ss. 5 and 12.

87.19. During her maternity leave and the extensions prescribed in section 87.21, a senior administrator shall receive, where she is normally entitled thereto, the following benefits:

— accumulation of vacation days;

— accumulation of continuous service;

— any salary increase following the adjustment of salary classes;

— any increase for satisfactory performance.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.20. A senior administrator may defer vacation leave that falls within maternity leave, provided that she informs her employer in writing of the date of deferral, no later than 2 weeks prior to the expiry of her leave.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.21. Where the birth takes place after the expected due date, the senior administrator is entitled to an extension of her maternity leave equal to the delay, unless she already has at least 2 weeks of maternity leave remaining after the birth.

A senior administrator is entitled to an extension of her maternity leave if her own or her child’s state of health requires it. The duration of this extension is the period that is specified in the medical certificate that must be provided by the senior administrator.

During such extensions, a senior administrator is considered to be on leave without pay and shall not receive any allowance or benefit from the employer. The senior administrator receives the benefits provided for in section 87.19 only during the first 6 weeks in which the leave is extended, and thereafter, receives the benefits mentioned in section 87.45, provided that she is normally entitled thereto.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.22. During her maternity leave, a senior administrator shall maintain her participation in the mandatory group insurance plans provided for in section 62, but the employer shall make a payment equal to both its own contribution and the senior administrator’s contribution to those plans. Furthermore, the senior administrator shall be exempt from contributing to the optional insurance plans in accordance with the provisions of the master policy.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.23. A senior administrator receiving an allowance for regional disparities under this regulation shall continue to receive the allowance during her maternity leave.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.24. An employer shall send a senior administrator, in the 4th week preceding the expiry of her maternity leave, a notice indicating the scheduled date of expiry of said leave.

A senior administrator to whom the employer has sent the notice referred to in the first paragraph must report for work on the expiry date of the maternity leave, unless the leave is extended in the manner prescribed in Division 7 of this chapter.

A senior administrator who does not comply with the preceding paragraph is considered to be on leave without pay for a period not exceeding 4 weeks. At the end of this period, a senior administrator who is not at work is deemed to have resigned.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.25. While on maternity leave and special leave for pregnancy and breast-feeding, a senior administrator shall retain the employment relationship with the employer. Her contract must be renewed. Her employment may not be terminated. She may not be dismissed, except for gross negligence.

At the end of her maternity leave, a senior administrator shall resume her position with her employer, subject to the provisions respecting employment stability provided for in Chapter 5. Her terms of employment, including her salary, shall be the same as those to which she would have been entitled had she remained at work.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

DIVISION 3 SPECIAL LEAVE FOR PREGNANCY AND BREAST-FEEDING

M.O. 2011-018, s. 7.

§ 1 . — Temporary assignment and special leave

M.O. 2011-018, s. 7.

87.26. A senior administrator may request to be temporarily assigned to another position or to other tasks corresponding to her training or experience in the following cases:

(1)  she is pregnant and the conditions of employment involve risks of infectious diseases or physical danger to her or her unborn child;

(2)  the conditions of employment are dangerous for the child she is breast-feeding.

The senior administrator must submit a medical certificate to that effect as promptly as possible.

If the reassignment is not carried out immediately, the senior administrator is entitled to a special leave beginning immediately. Unless a temporary reassignment is subsequently made terminating the special leave, the special leave ends, for a senior administrator who is pregnant, on the date of delivery and, for a senior administrator who is breast-feeding, at the end of the breast-feeding period.

However, for a senior administrator who is eligible for benefits under the Act respecting parental insurance (chapter A-29.011), the special leave shall end as of the 4th week preceding the expected date of delivery.

During the special leave provided for in this section, the senior administrator shall be governed in respect of her allowance by the provisions of the Act respecting occupational health and safety (chapter S-2.1) respecting preventive withdrawal of a pregnant worker or a worker who is breast-feeding.

Following a written request, however, the employer shall pay to the senior administrator an advance on the allowance receivable from the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) on the basis of anticipated payments. If the CNESST pays the allowance, repayment of the advance shall be deducted therefrom. Otherwise, repayment is at the rate of 10% of the amount disbursed per pay period, until the debt is fully paid.

However, should the senior administrator exercise her right to apply for review of the decision of the CNESST or to contest that decision before the Administrative Labour Tribunal, repayment may not be demanded before the administrative review of the decision of the CNESST or, as the case may be, before the decision of the Administrative Labour Tribunal is rendered. 

T.B. 193820, s. 6; M.O. 2011-018, s. 7; M.O. 2017-005, s. 13.

§ 2 . — Other special leave

M.O. 2011-018, s. 7.

87.27. A senior administrator is also entitled to special leave in the following cases:

(1)  where a pregnancy complication or a risk of miscarriage requires stopping work for a period, the duration of which is prescribed by a medical certificate; however, this special leave may not be extended beyond the beginning of the 4th week preceding the expected date of delivery;

(2)  upon presentation of a medical certificate prescribing the duration of the special leave, where a spontaneous or induced termination of pregnancy occurs before the beginning of the 20th week preceding the expected date of delivery;

(3)  for pregnancy-related consultations with a health professional, attested to by a medical certificate or a written report signed by a midwife.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.28. For the consultations mentioned in paragraph 3 of section 87.27, a senior administrator is entitled to special leave, with pay, for up to 4 days, which may be taken in half-days.

During a special leave provided for in this Division, a senior administrator shall be granted the benefits provided for in section 87.19, provided that she is entitled thereto.

T.B. 193820, s. 6; T.B. 196313, s. 47; M.O. 2011-018, s. 7.

DIVISION 4 CHILDBIRTH LEAVE

M.O. 2011-018, s. 7.

87.29. A senior administrator is entitled, after informing the employer as promptly as possible, to take leave with pay for a maximum of 5 working days to attend the birth of his child. A senior administrator is also entitled to this leave in the event of a termination of pregnancy after the beginning of the 20th week preceding the expected date of delivery. The leave with pay may be discontinuous, but must be taken between the beginning of the delivery and the 15th day following the mother’s or the child’s return home.

One of the 5 days may be used for the baptism or registration of the child.

A senior administrator whose spouse is giving birth is also entitled to this leave if she is designated as one of the child’s mothers.

T.B. 193820, s. 6; T.B. 196313, s. 48; M.O. 2011-018, s. 7.

DIVISION 5 PATERNITY LEAVE

M.O. 2011-018, s. 7.

87.30. Upon the birth of his child, a senior administrator is also entitled to a paternity leave not exceeding 5 weeks, which, subject to sections 87.34 and 87.35, must be consecutive.

Paternity leave may be taken after giving written notice of no less than 3 weeks to the employer indicating the dates scheduled for the beginning of the leave and for the return to work. The time period for giving notice may be shorter if the child is born before the expected date of delivery. The leave shall end no later than the end of the 52nd week following the week in which the child was born.

The leave of the senior administrator eligible for benefits under the Québec Parental Insurance Plan shall be concurrent with the period during which benefits are paid under the Act respecting parental insurance (chapter A-29.011) and must begin no later than the week following the start of benefit payments under the Québec Parental Insurance Plan.

A senior administrator whose spouse is giving birth is also entitled to this leave if she is designated as one of the child’s mothers.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.31. During the paternity leave provided for in section 87.30, a senior administrator, who has completed 20 weeks of service, shall receive an allowance equal to the difference between his weekly salary and the amount of benefits he receives, or would receive after submitting an application for benefits, under the Québec Parental Insurance Plan or the Employment Insurance Plan.

The second, third and fourth paragraphs of section 87.14 or the second, third and fourth paragraphs of section 87.16, as the case may be, as well as section 87.15, apply with the necessary modifications.

T.B. 193820, s. 6; M.O. 2011-018, s. 7; M.O. 2017-005, s. 14.

87.32. A senior administrator who is not eligible for paternity benefits under the Québec Parental Insurance Plan nor benefits under the Employment Insurance Plan shall receive, during the paternity leave provided for in section 87.30, an allowance equal to his weekly salary.

T.B. 193820, s. 6; M.O. 2011-018, s. 7; M.O. 2017-005, s. 15.

87.33. Section 87.18 applies to a senior administrator who receives the allowances provided for in sections 87.31 and 87.32, with the necessary modifications.

T.B. 193820, s. 6; M.O. 2011-018, s. 7; M.O. 2017-005, s. 16.

87.34. If his child is hospitalized, a senior administrator may suspend his paternity leave, upon agreement with his employer, and return to work for the period during which the child is hospitalized.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.35. At a senior administrator’s request, paternity leave may be divided into weeks if his child is hospitalized or if a situation described in sections 79.1 or 79.8 to 79.12 of the Act respecting labour standards (chapter N-1.1) occurs.

The maximum number of weeks the paternity leave may be suspended is equal to the number of weeks the child is hospitalized. For other paternity leave division options, the maximum number of weeks of suspension is that prescribed by the Act respecting labour standards for the applicable situation.

During such suspension, the senior administrator is considered to be on leave without pay and shall not receive any allowance or benefit from the employer; however, the senior administrator receives the benefits provided for in section 87.56.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.36. When a senior administrator resumes a paternity leave that was suspended or divided under section 87.34 or 87.35, the employer shall pay the senior administrator the allowance to which he would have been entitled had he not availed himself of the suspension or division and do so, for the number of weeks remaining under section 87.30.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.37. A senior administrator who sends to his employer, before the expiry date of his paternity leave, a notice accompanied by a medical certificate attesting that his child’s state of health makes it necessary, is entitled to an extension of his paternity leave. The duration of this extension is that specified in the medical certificate.

During such extension, a senior administrator is considered to be on leave without pay and shall not receive any allowance or benefit from the employer; however, the senior administrator receives the benefits provided for in section 87.56.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.38. A senior administrator who goes on paternity leave under section 87.30 is entitled to the benefits provided for in sections 87.19, 87.20, 87.23 and 87.25.

The senior administrator who is on paternity leave maintains his participation in all of the mandatory group insurance plans in which he participates. The employer and the senior administrator make their respective payments on the basis of the salary that the senior administrator would receive if he were at work and the full provisions of the group insurance plans apply.

At the end of the paternity leave, the senior administrator shall resume his position with his employer, subject to the provisions respecting employment stability provided for in Chapter 5. The terms of employment, including the salary, shall be the same as those to which the senior administrator would have been entitled had he remained at work.

T.B. 193820, s. 6; M.O. 2011-018, s. 7; M.O. 2017-005, s. 17.

87.39. The senior administrator must report for work on the expiry date of the paternity leave provided for in section 87.30, unless the leave is extended in the manner prescribed in Division 7 of this chapter.

A senior administrator who does not comply with the first paragraph is deemed to be on leave without pay for a period not exceeding 4 weeks. At the end of this period, a senior administrator who is not at work is deemed to have resigned.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

DIVISION 6 ADOPTION LEAVE AND LEAVE FOR ADOPTION PURPOSES

M.O. 2011-018, s. 7.

87.40. A senior administrator is entitled, after informing the employer as promptly as possible, to leave with pay for a maximum of 5 working days to adopt a child other than his or her spouse’s child. This leave may be discontinuous and may not be taken after the 15th day following the child’s arrival in the home.

One of the 5 days may be used for the baptism or registration of the child.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.41. A senior administrator who legally adopts a child, other than his or her spouse’s child, is entitled to adoption leave not exceeding 5 weeks which, subject to sections 87.42 and 87.43, must be consecutive.

Adoption leave may be taken after giving written notice of no less than 3 weeks to the employer indicating the dates scheduled for the beginning of the leave and for the return to work. The leave must be terminated no later than the end of the 52nd week following the child’s arrival in the home.

The leave of a senior administrator who is eligible for benefits under the Québec Parental Insurance Plan shall be concurrent with the period during which benefits granted under the Act respecting parental insurance (chapter A-29.011) are paid and must begin no later than the week following the start of parental insurance benefit payments.

The leave of a senior administrator who is ineligible for benefits under the Québec Parental Insurance Plan must be taken either following the order of placement of the child or its equivalent, in the case of an international adoption, in accordance with the adoption plan or at another time agreed upon with the employer.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.42. A senior administrator whose child is hospitalized may suspend the adoption leave provided for in section 87.41, upon agreement with the employer and return to work for the duration of the hospitalization.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.43. At the senior administrator’s request, the adoption leave provided for in section 87.41 may be divided into weeks if the child is hospitalized or if a situation described in sections 79.1 and 79.8 to 79.12 of the Act respecting labour standards (chapter N-1.1) occurs.

The maximum number of weeks during which adoption leave may be suspended is equal to the number of weeks during which the child is hospitalized. For other adoption leave division options, the maximum number of weeks of suspension is that prescribed by the Act respecting labour standards for the applicable situation.

During such suspension, a senior administrator is considered to be on leave without pay and shall not receive any allowance or benefit from the employer; however, the senior administrator receives the benefits provided for in section 87.56.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.44. When a senior administrator resumes an adoption leave that was suspended or divided under section 87.42 or 87.43, the employer shall pay the senior administrator the allowance to which he or she would have been entitled had he or she not availed himself or herself of the suspension or division for the number of weeks remaining under section 87.41.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.45. A senior administrator who sends to his employer, before the expiry date of the adoption leave, a notice accompanied by a medical certificate attesting that his or her child’s state of health requires it, is entitled to an extension of the adoption leave provided for in section 87.41. The duration of this extension is that specified in the medical certificate.

During such an extension, a senior administrator is considered to be on leave without pay and shall not receive any allowance or benefit from the employer; however, the senior administrator receives the benefits provided for in section 87.56.

T.B. 193820, s. 6; T.B. 196313, s. 49; M.O. 2011-018, s. 7.

87.46. During the adoption leave provided for in section 87.41, the senior administrator, who has completed 20 weeks of service, shall receive an allowance equal to the difference between his or her weekly salary and the amount of benefits he or she receives, or would receive after submitting an application for benefits, under the Québec Parental Insurance Plan or the Employment Insurance Plan.

The second, third and fourth paragraphs of section 87.14 or the second, third and fourth paragraphs of section 87.16, as the case may be, as well as section 87.15, apply, with the necessary modifications.

T.B. 193820, s. 6; M.O. 2011-018, s. 7; M.O. 2017-005, s. 18.

87.47. A senior administrator who is not eligible for adoption benefits under the Québec Parental Insurance Plan or parental benefits under the Employment Insurance Plan and who adopts a child, other than his or her spouse’s child, shall receive, during the adoption leave provided for in section 87.41, an allowance equal to the senior administrator’s weekly salary, if the senior administrator has completed 20 weeks of service.

T.B. 193820, s. 6; M.O. 2011-018, s. 7; M.O. 2017-005, s. 19.

87.48. Section 87.18 applies to a senior administrator receiving allowances under sections 87.46 and 87.47, with the necessary modifications.

T.B. 193820, s. 6; M.O. 2011-018, s. 7; M.O. 2017-005, s. 20.

87.49. A senior administrator who takes an adoption leave provided for in section 87.40 or 87.41 is entitled to the benefits provided for in sections 87.19, 87.20, 87.23 and 87.25.

The senior administrator who is on adoption leave maintains his or her participation in all of the mandatory group insurance plans in which he or she participates. The employer and the senior administrator make their respective payments on the basis of the salary that the senior administrator would receive if he or she were at work and the full provisions of the group insurance plans apply.

At the end of the adoption leave, the senior administrator shall resume his or her position with the employer, subject to the provisions respecting employment stability provided for in Chapter 5. The terms of employment, including the salary, shall be the same as those to which the senior administrator would have been entitled had the senior administrator remained at work.

T.B. 193820, s. 6; M.O. 2011-018, s. 7; M.O. 2017-005, s. 21.

87.50. A senior administrator must report for work on the expiry date of the adoption leave provided for in section 87.41, unless the leave is extended in the manner prescribed in Division 7 of this chapter.

A senior administrator who does not comply with the first paragraph is considered to be on leave without pay for a period not exceeding 4 weeks. At the end of this period, a senior administrator who is not at work is deemed to have resigned.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.51. A senior administrator who is adopting his or her spouse’s child is entitled to a leave not exceeding 5 working days, of which only the first 2 days are with pay.

This leave may be discontinuous and may not be taken after the 15th day following the filing of the adoption application.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.52. A senior administrator shall be granted, for the purpose of adopting a child, a leave without pay not exceeding 10 weeks from the date on which he or she actually takes custody of the child, unless it involves the child of a spouse.

A senior administrator who travels outside of Québec to adopt a child, except for his or her spouse’s child, shall, by applying in writing to the employer, if possible, 2 weeks in advance, obtain leave without pay for the required travel time.

Notwithstanding the provisions of the first and second paragraphs, the leave without pay shall end no later than the week following the start of benefit payments under the Québec Parental Insurance Plan or the Employment Insurance Plan, when the provisions of section 87.41 become applicable.

During the leave without pay, the senior administrator is entitled to the benefits provided for in section 87.56.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

DIVISION 7 LEAVE WITHOUT PAY AND PARTIAL LEAVE WITHOUT PAY

M.O. 2011-018, s. 7.

87.53. A senior administrator is entitled to one of the following leaves:

(1)  a leave without pay not exceeding 2 years immediately following the maternity leave provided for in section 87.7;

(2)  a leave without pay not exceeding 2 years immediately following the paternity leave provided for in section 87.30. However, the duration of the leave must not exceed the one hundred and 125th week following the birth;

(3)  a leave without pay not exceeding 2 years immediately following the adoption leave provided for in section 87.41. However, the duration of the leave must not exceed the one hundred and 125th week following the child’s arrival in the home.

The full-time senior administrator who does not prevail herself or himself of the leave without pay shall be entitled, upon agreement with the employer, to a partial leave without pay not exceeding 2 years. The duration of the leave must not exceed the one hundred and 125th week following the child’s birth or arrival in the home. During the partial leave without pay, the senior administrator may be assigned to his or her position or to any other duties agreed upon between the senior administrator and the employer.

During a leave provided for in this section, the senior administrator may, upon agreement with the employer, prevail himself or herself once of one of the following modifications:

(1)  convert a leave without pay into a partial leave without pay, or vice versa, as the case may be;

(2)  convert a partial leave without pay into a different partial leave without pay.

The senior administrator who does not take his or her leave without pay or partial leave without pay may, for the part of the leave that his or her spouse did not use, elect to benefit from a leave without pay or partial leave without pay by complying with the formalities prescribed.

Where a senior administrator’s spouse is not employed by an employer mentioned in subparagraph 3 of the first paragraph of section 87.18, the senior administrator may prevail himself or herself of a leave at the time his or her choosing within 2 years following the birth or adoption, without, however, exceeding the set deadline of 2 years, from the birth or adoption. The senior administrator may also, upon agreement with the employer, take a partial leave without pay under the same terms.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.54. A senior administrator who does not take the leave provided for in section 87.53 is entitled, after the birth or adoption of the child, to a leave without pay of no more than 52 continuous weeks beginning at the time decided by the senior administrator and ending at the 70 weeks after the birth or, in the case of an adoption, 70 weeks after the child is placed with the senior administrator.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.55. A senior administrator who wants to take a leave provided for in section 87.53 or in section 87.54 must submit a written request to that effect at least 3 weeks in advance.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.56. During the leave without pay or partial leave without pay, a senior administrator’s continuous service is not interrupted.

His or her participation in the uniform life insurance plan is maintained for the duration of the leave provided for in section 87.53.

Moreover, the senior administrator must maintain his or her participation in the basic compulsory accident and health plan, in compliance with the following conditions:

(a)  pay his or her contributions according to this plan;

(b)  pay the employer’s contribution to this plan, for the period of time that exceeds the first 52 weeks of the leave without pay or the partial leave without pay provided for in section 87.53.

The senior administrator may, upon request made to the employer before the beginning of the leave, maintain his or her participation in all insurance plans that he or she participated in before the leave, in accordance with the provisions of the master policy.

The provisions relating to the maintenance of the senior administrator’s participation in the surviving spouse’s pension plan are those provided for in section 61.

For the purposes of the short-term disability insurance plan, any total disability beginning during the leave without pay is deemed to have started at the end of the leave.

The provisions relating to the maintenance of the senior administrator’s retirement plan apply as prescribed.

With respect to the other terms of employment, a senior administrator who is on partial leave without pay shall be governed, during his or her time at work, by the rules applicable to a part-time senior administrator.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.57. A senior administrator may take any deferred annual vacation immediately before a leave without pay or partial leave without pay, provided that it is continuous with the maternity leave, paternity leave or adoption leave, as the case may be.

For the purposes of this section, statutory holidays or flexible leave accumulated before the beginning of the maternity leave, paternity leave or adoption leave are considered in the same manner as deferred annual vacation time.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.58. A senior administrator to whom the employer has sent, 4 weeks in advance, a notice indicating the expiry date of his or her leave without pay or partial leave without pay must give notice of his or her return to work at least 2 weeks before the expiry of said leave, failing which, the senior administrator is deemed to have resigned.

A senior administrator may, upon agreement with the employer, terminate his or her leave without pay or partial leave without pay before the scheduled date.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.59. At the end of this leave without pay or partial leave without pay, a senior administrator shall resume his or her position with the employer, subject to the provisions respecting employment stability provided for in Chapter 5. The terms of employment, including the salary, shall be the same as those to which the senior administrator would have been entitled had he or she remained at work.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

DIVISION 8 LEAVE FOR PARENTAL RESPONSIBILITIES

M.O. 2011-018, s. 7.

87.60. A senior administrator who is absent from work under sections 79.8 to 79.15 of the Act respecting labour standards (chapter N-1.1) must inform the employer of the reasons for his or her absence as promptly as possible and provide the employer with supporting documents to justify the absence.

The conditions set out in sections 87.56 and 87.59 shall be applicable during this absence, subject to the provisions set out in section 79.16 of the Act respecting labour standards.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

87.61. A senior administrator may, after informing the employer as promptly as possible, be absent without pay up to a maximum of 10 days per year to fulfil obligations relating to the custody, health or education of his or her child or spouse’s child, or by reason of the state of health of the senior administrator’s spouse, father, mother, a brother, a sister or one of the senior administrator’s grandparents.

The days thus used shall be deducted, where possible, from the senior administrator’s annual bank of vacation days or days taken without pay, as the senior administrator chooses.

This leave may be divided into half-days if the employer consents thereto.

T.B. 193820, s. 6; T.B. 196313, s. 50; M.O. 2011-018, s. 7; M.O. 2017-005, s. 23.

CHAPTER 4.2 DEFERRED SALARY LEAVE PLAN

T.B. 193820, s. 6.

DIVISION 1 GENERAL

T.B. 193820, s. 6.

§ 1 . — Main characteristics

T.B. 193820, s. 6.

87.62. The deferred or anticipated salary leave plan enables a senior administrator to apportion his salary so as to benefit from remuneration during a period of leave. The plan is not intended to enable a senior administrator to defer income tax or to receive benefits at retirement.

For the duration of his participation in the plan, a senior administrator shall receive no other salary corresponding to the percentage of his salary as determined in Division 2 of this Chapter from his employer, an employer in he public or parapublic sector, another person or company with whom the employer has ties.

T.B. 193820, s. 6.

87.63. The plan comprises a period of work and a period of leave. The leave with deferred salary is one in which the period of leave follows the entire period of work. The leave with anticipated salary is one in which the period of leave precedes entirely or in part the period of work.

T.B. 193820, s. 6.

87.64. The duration of participation in the plan may be 2, 3, 4 or 5 years. The scheduled duration of participation may however be extended in accordance with the provisions of sections 87.78, 87.81 and 87.82. It may in no case exceed 7 years.

T.B. 193820, s. 6.

§ 2 . — Period of leave

T.B. 193820, s. 6.

87.65. The duration of the period of leave may be 6 months to one year.

Notwithstanding any provision to the contrary, the period of leave must be taken in whole and consecutive months and may not be interrupted under any circumstances.

The period of leave must begin no later than upon the expiry of a maximum period of 6 years from the date on which the amounts began to be deferred.

During the period of leave, subject to the provisions of this Chapter, a senior administrator shall be deemed to be on leave without pay.

T.B. 193820, s. 6.

§ 3 . — Period of work

T.B. 193820, s. 6.

87.66. Subject to the provisions of this Chapter, during the period of work, the senior administrator’s availability and work load shall be the same as those he would assume if he were not participating in the plan; furthermore, he is entitled to the same benefits under this Regulation as those to which he would be entitled if he were not participating in the plan.

T.B. 193820, s. 6.

§ 4 . — Eligibility

T.B. 193820, s. 6.

87.67. To be eligible for the plan, a senior administrator must hold a position and have completed 2 years of service with his employer.

A senior administrator shall file a written application for participation in the plan with his employer who shall decide on the granting of the deferred or anticipated salary leave plan. The written application shall indicate the beginning and the end of the duration of participation in the plan, as well as the duration of the period of leave.

T.B. 193820, s. 6.

87.68. A part-time senior administrator shall be eligible on the same conditions as the full-time senior administrator but he may use his period of leave only in the last year of participation in the plan.

The salary he receives during his period of leave shall be based on the average number of hours paid during the period of work preceding the leave.

The compensatory sums provided for the part-time senior administrator’s vacation and statutory holidays shall be calculated and paid on the basis of the percentage of the salary determined in accordance with section 87.71.

T.B. 193820, s. 6.

87.69. A senior administrator whose status changes from full-time to part-time during his period of work may elect to:

(1)  continue to participate in the plan according to section 87.68; or

(2)  withdraw from his agreement on the conditions determined in section 87.88.

A full-time senior administrator who becomes a part-time senior administrator after his period of leave is deemed to remain a full-time senior administrator for the purposes of calculating the percentage of his salary during the period of work following the period of leave.

T.B. 193820, s. 6.

§ 5 . — Agreement

T.B. 193820, s. 6.

87.70. If the employer is willing to grant the deferred or anticipated salary leave, a senior administrator shall undertake by agreement to comply with the terms and conditions of the plan, in particular,

(1)  the duration of participation in the plan;

(2)  the duration of the leave;

(3)  the period when the leave will be used; and

(4)  the period when the senior administrator resumes his position with his employer after the period of leave for a period at least equal to that of the leave. The employer shall then reinstate the senior administrator in his position, subject to the provisions respecting employment stability provided for in Chapter 5. The terms of employment shall be the same as those to which he would have been entitled had he remained at work.

The agreement shall include the provisions of the plan and the senior administrator shall not be on disability leave, parental leave or leave without pay at the time of the signing.

T.B. 193820, s. 6.

DIVISION 2 TERMS AND CONDITIONS OF APPLICATION

T.B. 193820, s. 6.

§ 1 . — Remuneration

T.B. 193820, s. 6.

87.71. For each year of participation in the plan, a senior administrator shall receive the percentage of his salary provided for in the following table, based on the duration of participation in the plan and the duration of the period of leave:

_______________________________________________________________

               Duration of participation in the plan
_______________________________________________________________

Period        2 years     3 years      4 years      5 years
of leave    ___________________________________________________

                          Percentage of the salary
_______________________________________________________________

 6 months      75.00%      83.33%       87.50%       90.00%
_______________________________________________________________

 7 months      70.83%      80.56%       85.42%       88.33%
_______________________________________________________________

 8 months      66.67%      77.78%       83.33%       86.67%
_______________________________________________________________

 9 months                  75.00%       81.25%       85.00%
_______________________________________________________________

10 months                  72.22%       79.17%       83.33%
_______________________________________________________________

11 months                  69.44%       77.08%       81.67%
_______________________________________________________________

12 months                  66.67%       75.00%       80.00%
_______________________________________________________________

T.B. 193820, s. 6.

87.72. The salary on which the percentage is calculated is the one a senior administrator would receive if he did not participate in the plan. The salary includes the increase due to the adjustment of salary classes and the increase for satisfactory performance as provided for in Chapter 3.

It includes the lump sum related to a change of position leading to a salary decrease pursuant to sections 33, 36 and 37, as well as the last paragraph or section 106.

It does not include the additional remuneration for plurality of positions or interim or the compensation and allowances provided for in Divisions 5, 6 and 7 of Chapter 3 as stipulated in the first paragraph.

T.B. 193820, s. 6.

87.73. During the period of leave, a senior administrator is not entitled to any compensation or allowance provided for in Division 7 of Chapter 3. During the period of work, he is entitled to all compensation and allowances.

During his participation in the plan, the senior administrator is entitled to the increase for satisfactory performance as prescribed in section 30.

T.B. 193820, s. 6.

§ 2 . — Social security plans

T.B. 193820, s. 6.

87.74. During the period of leave, the employer shall continue to contribute to the Québec Pension Plan, the Québec Health Insurance Plan and the occupational health and safety plan. The contribution of the employer and the senior administrator to employment insurance does not apply during the period of leave. The participation of the senior administrator in the group insurance plans shall be established in accordance with Division 2 of Chapter 4.

T.B. 193820, s. 6.

87.75. For calculating a pension for the purposes of a retirement plan, the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) recognizes one year of service for each year of participation in the deferred or anticipated salary leave plan, as well as an average salary based on the salary he would have received had he not participated in the plan.

T.B. 193820, s. 6.

87.76. A senior administrator’s contribution to a retirement plan during the years of participation in the plan shall be established by the Regulation respecting certain temporary measures prescribed by Title IV of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10, r. 5).

T.B. 193820, s. 6.

§ 3 . — Vacation and miscellaneous leave

T.B. 193820, s. 6.

87.77. During his participation in the plan, a senior administrator shall accumulate continuous service for annual vacation purposes. During the period of leave, he is deemed to have taken the vacation days to which he is entitled for that period. During the period of work, annual vacation shall be remunerated in accordance with the percentage of his salary as determined is section 87.71.

T.B. 193820, s. 6.

87.78. During his participation in the plan, a senior administrator who benefits from leave without pay shall extend the duration of his participation in the plan for a period equivalent to that of the leave without pay without exceeding one year. Leave without pay of more than one year is equivalent to abandoning the plan and the provisions of section 87.88 shall then apply.

T.B. 193820, s. 6.

87.79. The amount the employer shall collect during the extension of a senior administrator’s participation in the plan as a result of taking partial leave without pay, is equal to the employer’s lost income following the partial leave without pay.

T.B. 193820, s. 6.

87.80. During his participation in the plan, a senior administrator’s leave with pay shall be remunerated in accordance with the percentage of his salary as determined in section 87.71.

Leave with pay that falls within the period of leave is deemed to have been taken.

T.B. 193820, s. 6.

§ 4 . — Maternity leave

T.B. 193820, s. 6.

87.81. A senior administrator’s participation in the plan shall be suspended for the duration of the maternity leave that occurs during the period of work. The plan shall then be extended for a period equal to the maternity leave.

Where the maternity leave occurs during the period of leave, it is presumed not to have occurred. Notwithstanding the foregoing, it shall be considered to have begun on the scheduled date of a senior administrator’s return to work on condition that the provisions of Chapter 4.1 respecting maternity leave are complied with.

Where the maternity leave occurs before the period of leave, a senior administrator may terminate participation in the plan. In such a case, the salary that was not paid for the period of work elapsed shall be reimbursed, in addition to any compensation and, where applicable, the employment insurance benefits provided for the maternity leave, but without interest. The amounts so reimbursed shall be subject to the contribution to the retirement plan.

Subject to sections 87.78 and 87.79, the maternity leave may be extended by a leave without pay or partial leave without pay without affecting the senior administrator’s participation in the plan. Notwithstanding the foregoing, for any of the leaves, the duration of participation in the plan shall be extended accordingly, except if the period of leave has begun.

T.B. 193820, s. 6.

§ 5 . — Disability

T.B. 193820, s. 6.

87.82. For the purposes of the short-term salary insurance plan, the following provisions apply:

(1)  where the senior administrator becomes disabled during the period of leave, the period of leave shall continue in accordance with section 87.65 and the senior administrator may not benefit from the provisions of the short-term salary insurance plan determined in Division 5 of Chapter 4.

On the scheduled date of return to work, if the senior administrator is still disabled, the disability is then presumed to begin on that date and the senior administrator shall benefit from the short-term salary insurance plan based on the percentage of salary determined in section 87.71 for the remainder of his participation in the plan;

(2)  where the senior administrator becomes disabled during the duration of his participation in the plan but before having used his period of leave and the disability persists until the date on which the period of leave was scheduled, he may elect to:

(a)  maintain his participation in the plan and defer the period of leave to a time when he is not disabled. During that time, the officer shall benefit from the short-term salary insurance plan based on the percentage of salary determined in section 87.71 for the remainder of his participation in the plan.

If the disability persists during the last year of the senior administrator’s participation in the plan, the plan may then be suspended from the scheduled beginning of the period of leave until the end of the disability. During that time, the senior administrator shall benefit from the short-term salary insurance plan and the period of leave leave begin on the day on which the disability ceases; or

(b)  cancel his participation in the plan and the employer shall reimburse him the part of the salary he did not receive for the period of work elapsed, but without interest. The provisions of paragraph 4 of section 87.88 shall apply;

(3)  where the senior administrator becomes disabled during his participation in the plan but after having used his period of leave, he shall benefit from the short-term salary insurance plan based on the percentage of salary determined in section 87.71. Upon the expiry of his participation in the plan, the senior administrator shall receive salary insurance based on the salary determined in accordance with the provisions of Division 5 of Chapter 4.

T.B. 193820, s. 6.

87.83. Where the disability persists after 104 weeks, a senior administrator shall benefit from the mandatory basic long-term salary insurance plan, his participation in the plan ends and the following provisions apply:

(1)  where the senior administrator has already used his period of leave, he is not required to reimburse the salary he was overpaid; one year of service for retirement plan purposes shall be recognized for each year of participation in the plan;

(2)  where the senior administrator has not used his period of leave, he shall receive the portion of salary he has not received for the period of work elapsed, but without interest. The provisions of paragraph 4 of section 87.88 shall apply.

T.B. 193820, s. 6.

87.84. A part-time senior administrator may avail himself of the provisions of paragraph 2 of section 87.82. Notwithstanding the foregoing, he shall receive, as of the second week of disability, full salary insurance as long as he is eligible due to his disability, in accordance with Division 5 of Chapter 4.

T.B. 193820, s. 6.

§ 6 . — Mobility

T.B. 193820, s. 6.

87.85. In cases where the senior administrator changes positions pursuant to subdivisions 3 and 4 of Division 4 of Chapter 3, with the same employer, the senior administrator’s participation in the plan shall be maintained unless the employer cannot maintain the agreement. In the latter case, the provisions of section 87.88 shall apply with the exception that the senior administrator does not reimburse the salary he was overpaid when his period of leave was used.

Where a senior administrator takes a position with another employer of the public or parapublic sector who offers a comparable plan during the senior administrator’s participation in the plan, the conditions for maintaining the agreement remain at the discretion of the new employer. If the latter refuses to maintain the agreement, the provisions of section 87.88 shall apply and the reimbursement, where applicable, shall be made in accordance with section 87.91.

T.B. 193820, s. 6.

§ 7 . — Employment stability

T.B. 193820, s. 6.

87.86. Following the elimination of his position, a senior administrator who chooses maintenance of his work contract or reinstatement within the sector in accordance with Division 4 of Chapter 5, shall maintain his participation in the plan.

If the senior administrator chooses reinstatement within the sector, his participation in the plan shall be maintained until the effective date of his reinstatement or until he elects to change.

If the participation in the plan of the reinstated senior administrator is not ended with his original employer, he may complete it by means of an agreement with his new employer. Failing such a agreement, his participation in the plan shall end and sections 87.88 and 87.91 shall apply.

T.B. 193820, s. 6; M.O. 2011-007, s. 7.

87.87. Following the elimination of his position, where the senior administrator elects to leave the sector in accordance with Division 5 of Chapter 5, the agreement relating to his participation in the plan shall end and section 87.88 shall apply. Notwithstanding the foregoing, no reimbursement shall be required of him.

T.B. 193820, s. 6.

DIVISION 3 END OF PARTICIPATION MEASURES

T.B. 193820, s. 6.

§ 1 . — Resignation, retirement, withdrawal and other departures

T.B. 193820, s. 6.

87.88. Following a senior administrator’s resignation, pre-retirement or retirement, withdrawal from the plan in accordance with the provisions of this Chapter or the expiry of the 7-year time limit in accordance with section 87.64, participation in the plan shall end immediately and the following terms and conditions shall apply:

(1)  where a senior administrator has already taken the period of leave, he shall reimburse, without interest, the amounts he received during the period less the amounts already deducted from his salary during the period of work;

(2)  where a senior administrator has not yet taken the period of leave, the employer shall reimburse him, without interest, for the difference between the salary he would have received had he not participated in the plan and the salary he actually received since the beginning of his participation in the plan;

(3)  during the period of leave, the reimbursement by a senior administrator or the employer shall consist of the difference between the amounts received by the senior administrator during that period of leave and the total amounts already deducted from the salary he received during the period of work. Where the difference is a negative amount, the employer shall reimburse the senior administrator for it, without interest. Where the difference is a positive amount, the senior administrator shall reimburse the employer for that amount, without interest;

(4)  for the purposes of retirement plans, the recognized rights are the rights that would have applied had the senior administrator never participated in the plan. Where the period of leave has been taken, the contributions made during that period shall be used to compensate for the contributions that were not made to compensate for any lost pension; a senior administrator may, however, redeem lost years of service under the same conditions as those for leave without pay, in accordance with the provisions of the applicable retirement plan. In addition, where the period of leave has not been taken, the contributions are usually insufficient to have the total number of years worked recognized. They shall be subtracted from the reimbursement owed to the senior administrator.

T.B. 193820, s. 6.

§ 2 . — Dismissal, non-renewal of appointment, termination of employment

T.B. 193820, s. 6.

87.89. Upon the senior administrator’s dismissal, the non-renewal of his appointment or the termination of his employment, the agreement respecting his participation in the plan is terminated on the date one of the measures takes effect. Section 87.88 then applies.

T.B. 193820, s. 6.

§ 3 . — Death

T.B. 193820, s. 6.

87.90. The agreement respecting a senior administrator’s participation in the plan is terminated on the date of his death. The measures provided for in section 87.88 then apply, with the exception that no reimbursement of overpaid salary shall be required. Notwithstanding the foregoing, any part of the salary that was not paid shall be reimbursed to the senior administrator’s successor.

T.B. 193820, s. 6.

§ 4 . — Reimbursements

T.B. 193820, s. 6.

87.91. Where a senior administrator must reimburse amounts with respect to agreement termination measures respecting his participation in the plan, he shall carry out the reimbursement as of the termination of the plan and according to the terms and conditions of the agreement entered into by him and his employer.

Pursuant to the second paragraph of section 87.85 and the third paragraph of section 87.86, the employer with whom a senior administrator is reinstated shall collect the amount to be reimbursed and periodically remit it to the original employer for the purposes of the plan.

T.B. 193820, s. 6.

87.92. Where a senior administrator does not use his period of leave during his participation in the plan, the employer shall pay him the total amount of salary that was deferred, beginning in the first taxation year following the end of his participation in the plan.

T.B. 193820, s. 6.

CHAPTER 4.3 PROGRESSIVE PRE-RETIREMENT

T.B. 193820, s. 6.

DIVISION 1 GENERAL

T.B. 193820, s. 6.

§ 1 . — Main characteristics

T.B. 193820, s. 6.

87.93. Progressive pre-retirement enables a senior administrator to reduce his working hours, for a period of one to 5 years immediately preceding his retirement. The number of working hours in each calendar year or part thereof during which the progressive pre-retirement applies is not less than 40% or more than 80% of the hours worked by a full-time senior administrator.

For the purposes of this Chapter, a “part of a calendar year” means the portion of a calendar year in which a progressive pre-retirement begins or ends.

T.B. 193820, s. 6.

§ 2 . — Eligibility

T.B. 193820, s. 6.

87.94. To participate in the progressive pre-retirement plan, a senior administrator shall file a written application therefor with his employer. To grant it, the latter shall take into account the needs of the organization. Furthermore, a senior administrator shall meet the following conditions:

(1)  he participates in a retirement plan;

(2)  he holds a regular senior administrator’s position for more than 40% of full-time employment;

(3)  he holds and sends his employer, at the same time he files his application, an attestation from Retraite Québec to the effect that he will be entitled to a retirement pension on the date scheduled for the end of the agreement concluded in accordance with section 87.95;

(4)  he has concluded an agreement with his employer in accordance with Subdivision 3 of this Division;

(5)  he has not already benefited from a progressive pre-retirement plan; and

(6)  at the time of the signing of the agreement, he is not governed by the employment stability measures provided for in Chapter 5.

T.B. 193820, s. 6.

§ 3 . — Agreement

T.B. 193820, s. 6.

87.95. The written agreement concluded between the senior administrator and the employer shall comply with the provisions of this Chapter and contain the following information:

(1)  the duration of the progressive pre-retirement;

(2)  the proportion of time worked for each calendar year or part thereof during which the progressive pre-retirement applies in accordance with the first paragraph of section 87.93;

(3)  the work schedule;

(4)  an undertaking by the senior administrator to retire upon completion of the progressive pre-retirement, subject to Division 3 of this Chapter.

T.B. 193820, s. 6.

87.96. During progressive pre-retirement, the senior administrator and the employer may agree in writing to amend the agreement concluded under the provisions of this subdivision, provided that the amendments comply at all times with the other terms and conditions of application of the plan.

The amendments may concern the duration of the agreement, the percentage of the time worked for each of the years or parts thereof covered by the progressive pre-retirement or the work schedule. Any amendment to the dates of the beginning or end of the agreement must be agreed to beforehand by the CARRA.

T.B. 193820, s. 6.

87.97. Where the years of service or parts thereof credited to the senior administrator at the end of the agreement are less than those estimated by the CARRA, the agreement shall be extended to the date on which those years or parts of years correspond to the estimate made by the CARRA.

Where the senior administrator is not entitled to his pension at the end of the agreement, the agreement shall be extended to the date on which the senior administrator is entitled to it.

T.B. 193820, s. 6.

DIVISION 2 TERMS AND CONDITIONS OF APPLICATION

T.B. 193820, s. 6.

§ 1 . — Salary and other benefits

T.B. 193820, s. 6.

87.98. The salary of a senior administrator in progressive pre-retirement shall be paid for the entire calendar year or part thereof in proportion to the time worked as provided for each of the years or parts thereof covered by the agreement.

T.B. 193820, s. 6.

87.99. During the period of progressive pre-retirement, a senior administrator accumulates continuous service as though he had not availed himself of progressive pre-retirement.

T.B. 193820, s. 6.

87.100. Where an employer eliminates the position of a senior administrator in progressive pre-retirement, the agreement shall continue to apply. The senior administrator shall retain the status of senior administrator for the duration of the agreement, and the employment stability measures provided for in Chapter 5 shall not apply. Notwithstanding the foregoing, the employer shall establish, with the senior administrator, a plan of utilization based on the time worked as provided for in the agreement.

T.B. 193820, s. 6.

87.101. Subject to the provisions of this Chapter, a senior administrator in progressive pre-retirement shall benefit from the terms of employment provided for in this Regulation, which apply in proportion to the time worked as provided for in the agreement.

T.B. 193820, s. 6.

§ 2 . — Sick-leave fund

T.B. 193820, s. 6.

87.102. A senior administrator who benefits from progressive pre-retirement may agree with his employer to use his sick-leave fund to dispense himself from all or part of the working time provided for in the agreement. Each sick-leave day thus used is equal to one day worked, in accordance with paragraph 3 of section 86. The terms and conditions of such use must be provided for in the agreement concluded under section 87.95.

The remainder of the sick-leave fund has a monetary value and is payable in accordance with paragraph 4 of section 86.

T.B. 193820, s. 6.

§ 3 . — Group insurance plans

T.B. 193820, s. 6.

87.103. A senior administrator is entitled, for the duration of the agreement, to the coverage of his group insurance plans provided for in section 62 on the basis of the time worked before the beginning of the agreement.

A disabled senior administrator who benefits from the short-term salary insurance plan shall receive a benefit on the basis of the time worked as prescribed for each of the calendar years or parts thereof contemplated by the agreement but reduced, where applicable, by the sick-leave days to be used in accordance with section 87.102. The benefit shall be paid for the duration of the disability, but does not extend beyond the date of expiry of the agreement.

During the period of disability, a senior administrator may use, in whole or in part, his sick-leave fund to make up the difference between his short-term salary insurance benefit and his net salary, in accordance with paragraph 2 of section 86.

T.B. 193820, s. 6.

87.104. During a senior administrator’s progressive pre-retirement, the contribution of the employer and that of the senior administrator to the group insurance plans shall be maintained based on the time worked by the senior administrator before the agreement comes into effect. The same rule applies to health and accident insurance plans, but based on a senior administrator’s normal full-time schedule.

Where the duration of the agreement extends beyond 104 weeks, the contribution of the employer and that of the senior administrator to the mandatory long-term salary insurance plans shall be maintained, subject to the provisions of the master policy.

T.B. 193820, s. 6.

§ 4 . — Retirement plan

T.B. 193820, s. 6.

87.105. During a senior administrator’s progressive pre-retirement, the pensionable salary for the years or parts thereof covered by the agreement for the purposes of the retirement plan is the salary that the senior administrator would have received had he not availed himself of progressive pre-retirement or would have been entitled to receive for a period in which he receives salary insurance benefits. The service credited is the service that would have been credited to him had he not availed himself of progressive pre-retirement.

T.B. 193820, s. 6.

87.106. During the progressive pre-retirement, a senior administrator shall pay contributions to his retirement plan that are equal to the contributions that he would have made had he not availed himself of progressive pre-retirement.

If the senior administrator receives short-term salary insurance benefits, a disabled senior administrator’s exemption from making contributions to the retirement plan is the exemption to which he would have been entitled had he not availed himself of progressive pre-retirement. Such exemption shall not exceed the end date of the agreement.

If the senior administrator receives long-term salary insurance benefits, the insurer shall make the contributions to the retirement plan that would have been made by the senior administrator had he not availed himself of progressive pre-retirement until the end of the agreement.

T.B. 193820, s. 6.

DIVISION 3 END OF THE AGREEMENT

T.B. 193820, s. 6.

87.107. The agreement ends if a senior administrator holds a new position with another employer of the public or parapublic sector, unless the new employer agrees to continue the agreement and the CARRA approves such continuation.

T.B. 193820, s. 6.

87.108. Where the agreement becomes null or is terminated pursuant to section 87.107 or because of circumstances provided for in the regulations made under the Act respecting the Government and Public Employees Retirement Plan (chapter R-10), the Act respecting the Teachers Pension Plan (chapter R-11), the Act respecting the Civil Service Superannuation Plan (chapter R-12), the pensionable salary, the service credited and the contributions to the retirement plan shall be determined, for each of the circumstances, in the manner prescribed by those regulations as they read on the date on which they are applied.

T.B. 193820, s. 6.

CHAPTER 4.4 PROFESSIONAL DEVELOPMENT

T.B. 196313, s. 51.

87.109. The employer shall encourage senior administrators to maintain and develop their professional skills.

T.B. 196313, s. 51.

87.110. A senior administrator shall draw up an annual professional development plan and submit it to the employer for approval.

T.B. 196313, s. 51.

87.111. The development plan shall provide for activities intended to help the senior administrator meet the objectives of the organization and the objectives of his career plan. The plan may, in particular, provide for an on-going development program, participation in a reference group, leave with or without pay, a loan to another employer or a training period in another work environment. Where applicable, the senior administrator and the employer shall agree on the conditions on which leave is granted and governing the senior administrator’s return to work.

T.B. 196313, s. 51.

87.112. The employer shall provide for financial resources, annually, to allow the senior administrator to pursue the activities provided for in his professional development plan.

T.B. 196313, s. 51.

CHAPTER 5 EMPLOYMENT STABILITY MEASURES

DIVISION 1 GENERAL PROVISIONS

O.C. 1217-96, Div. 1; T.B. 196313, s. 52.

§ 1 . — Scope

T.B. 196313, s. 52.

88. Employment stability measures shall apply to a senior administrator whose position is eliminated.

O.C. 1217-96, s. 88; T.B. 196313, s. 52.

§ 2 . — Appeals

T.B. 196313, s. 52.

88.1. There shall be no appeal from a decision by an employer to eliminate a position following an administrative reorganization.

T.B. 196313, s. 52.

88.2. There shall be no appeal from the layoff of a senior administrator following a termination of the employment relationship resulting from a decision made by the employer pursuant to this Chapter.

T.B. 196313, s. 52.

DIVISION 2 PROFESSIONAL CAREER TRANSITION SERVICES

O.C. 1217-96, Div. 2; M.O. 2007-006, s. 3.

89. A senior administrator benefiting from employment stability measures and who has elected reinstatement has access to professional career transition services including among others reception, help and advice, and evaluation of his potential, as well as support in the setting-up of his reinstatement plan, in his search for employment and in orientating him towards available positions. These services are provided by a specialized resource that is external to the employer.

O.C. 1217-96, s. 89; M.O. 2007-006, s. 3.

90. The employer shall provide, to a senior administrator benefiting from employment stability measures and who has elected reinstatement, access to the professional career transition services described in section 89. The cost of these services shall be borne by the employer.

O.C. 1217-96, s. 90; M.O. 2007-006, s. 3.

91. The agency shall coordinate, in collaboration with the institutions, the setting-up and management of a bank of senior administrators on reserve and a bank of available positions to be filled with employers of the region.

O.C. 1217-96, s. 91; M.O. 2007-006, s. 3.

91.1. The Minister shall ensure that the senior administrators on reserve receive the professional career transition services to which they are entitled. In that connection, the Minister shall determine, in collaboration with the agencies, the terms and conditions for evaluating the career transition services, convey the information to the employers’ associations and to the Association des directeurs généraux des services de santé et des services sociaux du Québec and ensure that the appropriate follow-up actions are taken.

M.O. 2007-006, s. 3.

DIVISION 3 EMPLOYMENT STABILITY MEASURES

§ 1 . — Stability measures during the period preceding the elimination of a position

92. The employer shall notify in writing, at least 120 days in advance, the senior administrator concerned, the agency and the Association des directeurs généraux des services de santé et des services sociaux of its intention to carry out an administration reorganization that could result in the elimination of the senior administrator’s position.

O.C. 1217-96, s. 92.

93. During the period preceding the elimination of the senior administrator’s position, the employer shall consult with the senior administrator concerned on the measures to be taken to reorganize the employer’s staff, such as adaptation, training, promotion, transfer, demotion and departure from the sector.

The employer and the senior administrator may agree that before or at the end of that period, the senior administrator shall be reinstated in a position of senior administrator or officer, or in a union member or unionizable non-member position.

A senior administrator who is reinstated with his employer before the elimination of his position shall be entitled, from the date of his reinstatement, to the same advantages as a senior administrator whose position has been eliminated and who has been reinstated with the same employer.

A senior administrator who is reinstated with another employer before the date on which his position is eliminated shall be entitled, from the date of his reinstatement, to the same advantages as a senior administrator who has been reinstated with another employer after the elimination of his position.

Reinstatement of a senior administrator who is disabled, on leave under the parental rights plan, leave without pay or deferred salary leave shall come into force on the date of which the disability period or leave ends.

During that period, the employer shall ensure that a senior administrator who is not reinstated or covered by a reinstatement benefits from the professional career transition services pursuant to section 89. The employer shall reimburse to the senior administrator the travelling and living expenses incurred by his participation in such activities with the external resource retained by the employer to provide them and his authorized employment search activities.

O.C. 1217-96, s. 93; T.B. 196313, s. 53; M.O. 2007-006, s. 4; M.O. 2011-007, s. 8.

94. If a senior administrator cannot be reinstated during that period, the employer shall notify him in writing of the elimination of his position. The notice shall be sent to the senior administrator at least 30 days before the date on which the position is to be eliminated. A copy of the notice stating the position is to be eliminated shall be sent to the agency and to the Association des directeurs généraux des services de santé et des services sociaux.

Upon receiving the notice, the senior administrator shall choose in writing, before the date of elimination of his position, one of the following options:

(1)  the maintenance of his employment contract for its remaining period as prescribed in Subdivision 1 of this division;

(2)  reinstatement within the sector as prescribed in Division 4 of this chapter;

(3)  departure from the sector as prescribed in Division 5 of this chapter.

The senior administrator’s choice shall come into force on the date of elimination of his position. This choice is final and may not be changed later.

A senior administrator who has failed to communicate his choice to his employer by the date of elimination of his position is deemed to have chosen reinstatement in the same sector.

The employer shall forward the choice made by the senior administrator under the second or fourth paragraph to the agency concerned.

The choice of a senior administrator who is disabled, on leave under the parental rights plan, on leave without pay or leave with pay or on deferred salary leave shall be made and come into force on the date on which the disability period or leave ends. A senior administrator whose position is eliminated during a disability period shall continue to receive his salary insurance benefits as long as he is disabled.

O.C. 1217-96, s. 94; T.B. 196313, s. 54; M.O. 2011-007, s. 9.

§ 2 . — Maintenance of the employment contract

95. A senior administrator who opts for the maintenance of his employment contract shall have the status of senior managerial advisor for the remainder of the contract, from the date of elimination of his position. His salary and, subject to section 46.1, all his terms of employment as senior administrator shall be maintained. He shall enjoy the same benefits as a senior administrator who has opted for reinstatement in the same sector.

A senior administrator who opts for the maintenance of his employment contract shall be laid off at the end of the period of maintenance of the employment contract except if he is disabled on that date, in which case the layoff shall be postponed to the end of his period of disability.

O.C. 1217-96, s. 95; T.B. 196313, s. 55; M.O. 2011-007, s. 10.

96. During the remaining period of the contract, the employer shall ensure that the senior administrator who has elected the maintenance of his employment contract has access to professional career transition services pursuant to section 89.

The employer shall reimburse to the senior administrator the travelling and living expenses incurred by:

(1)  his or her participation in career transition activities with the external resource retained by the employer to provide them;

(2)  his or her authorized activities in search for employment.

O.C. 1217-96, s. 96; M.O. 2007-006, s. 5; M.O. 2011-007, s. 11.

97. Where the senior administrator’s employer decides to fill a position of senior administrator or officer, the employer shall invite in writing the senior administrator to apply for that position provided that the position and its usual requirements correspond to the training and experience of the senior administrator.

The senior administrator concerned may apply for that position and shall then accept it if the position is offered to him.

A senior administrator who elects the maintenance of him employment contract shall accept to provide services to his employer in duties that take into account the training and experience of the senior administrator and his reinstatement plan, if any.

The employer may put an end to a senior administrator’s employment stability measures if the senior administrator does not comply, without valid reason, to his obligations under this section.

O.C. 1217-96, s. 97.

DIVISION 4 REINSTATEMENT WITHIN THE SECTOR

§ 1 . — General

98. A senior administrator who elects the option of reinstatement within the sector shall have the status of senior managerial advisor for a maximum duration of 36 months from the date of elimination of his position.

Subject to section 46.1, the employer shall maintain all the terms of employment of the senior administrator during the reinstatement period, provided that the senior administrator does not refuse, without valid reason, to provide the services required by the employer in duties that take into account the senior administrator’s training and experience and his reinstatement plan, if any.

During the reinstatement period, the senior administrator shall take the vacation he accumulated during the previous reference period. On the date of the severance of the employment relationship, the original employer shall reimburse to the senior administrator an amount equivalent to the accumulated annual vacation not taken.

During the reinstatement period, the senior administrator shall retain all the benefits of the group insurance plans prescribed in Chapter 4. Any disability period of more than 3 weeks shall be excluded from the reinstatement period.

Leaves under the Parental Rights Plan provided for in Chapter 4.1 are excluded from the reinstatement period.

At the end of the reinstatement period, a senior administrator who has not been reinstated shall be laid off by his employer. At the request of the senior administrator, his name shall be entered in the bank of reinstatement senior administrators or on the recall list and he shall remain eligible for selection competitions for the appointment of senior administrators and officers for a period of 24 months.

Any period where the services of the senior administrator are loaned to another employer in the public or parapublic sector at the expense of this other employer shall be included in the reinstatement period for a period not exceeding 36 months, for the equivalent in time of the portion of the service loan that is at the expense of this other employer.

Notwithstanding section 4, for the purposes of the eighth paragraph the term “employer” includes the employers referred to in section 87.30 and the second paragraph of section 118.

O.C. 1217-96, s. 98; T.B. 196313, s. 56; M.O. 2011-007, s. 12; M.O. 2011-018, s. 8.

99. The employer shall facilitate the reinstatement of the senior administrator who has elected reinstatement, namely in determining the services required in accordance with the second paragraph of section 98.

For this purpose, the employer shall reimburse to the senior administrator the travelling and living expenses incurred by:

(1)  his or her participation in career transition activities with the external resource retained by the employer to provide them;

(2)  his or her authorized activities in search for employment.

O.C. 1217-96, s. 99; M.O. 2007-006, s. 6; M.O. 2011-007, s. 13.

100. A senior administrator who elects reinstatement shall:

(1)  (paragraph revoked);

(2)  elaborate within 3 months from the date on which his position is eliminated his reinstatement plan with the help, if needed, of the external resource retained by the employer to provide career transition services and submit it for approval to his employer who shall convey his decision to the senior administrator within 20 days following receipt of the reinstatement plan; the senior administrator may modify his reinstatement plan in agreement with the employer. If the employer fails to convey its decision before 30 days, the plan shall be automatically accepted unless the employer has notified the senior administrator that it is unable to make its decision and must extend the time for conveying its decision up to a maximum of 40 days. The notification shall be notified in writing and set out the reasons for the extension. A copy of the reinstatement plan shall be forwarded by the employer to the agency within 10 days following its acceptance;

(3)  commit to search for a position.

O.C. 1217-96, s. 100; T.B. 196313, s. 57; M.O. 2007-006, s. 7; I.N. 2016-01-01 (NCCP).

101. A reinstatement plan may, namely, be aimed at the principal potential employment fields within the sector and outside the sector and comprise training sessions, study sessions, development activities, assistance programmes and loans of service, as well as the activities to be undertaken by the senior administrator to find a new position for himself.

A loan of service shall take into account the training and experience of the senior administrator as well as his prospective reinstatement. A senior administrator may refuse a loan of service offered by his employer if the location where he is to perform the service is not located within 50 km by road from his home base and his residence.

O.C. 1217-96, s. 101.

102. (Revoked).

O.C. 1217-96, s. 102; M.O. 2011-007, s. 14.

103. A senior administrator who has chosen reinstatement within the sector may, upon authorization from his employer and in accordance with his reinstatement plan, obtain one or more leaves without pay. The employer may not refuse to grant such leave without pay without valid reason. The total duration of the leaves shall not exceed 36 months. Such leave without pay is included in the reinstatement period. During his leave without pay, the senior administrator may continue to participate in the group insurance plans in accordance with section 45.

O.C. 1217-96, s. 103; M.O. 2011-007, s. 15.

104. (Revoked).

O.C. 1217-96, s. 104; T.B. 196313, s. 58; M.O. 2011-007, s. 16.

105. The employer may, after having heard the senior administrator and, upon his request, his representative, put an end to the employment stability measures of a senior administrator who has chosen reinstatement within the sector when the senior administrator, without valid reason, refuse:

(1)  (subparagraph revoked);

(2)  to establish his reinstatement plan as prescribed in subsection 2 of section 100 or fails to adhere to it;

(3)  to provide services required by his employer as prescribed in the fourth paragraph of section 97 and the second paragraph of section 98;

(4)  a loan of service offered by his employer as prescribed in section 101;

(5)  to fill a position offered by his employer in accordance with the second paragraph of section 97 and the second paragraph of section 110;

(6)  to commit to the search for a position with another employer or to fill a position of senior administrator or officer with another employer that corresponds to his training and experience.

The employer who has put an end to the employment stability measures of a senior administrator in accordance with the first paragraph shall inform the agency concerned.

O.C. 1217-96, s. 105; T.B. 196313, s. 59.

§ 1.1 . — Remuneration of reinstated senior administrators

T.B. 196313, s. 60.

106. A senior administrator reinstated pursuant to sections 93, 97, 110 and 112 is governed by the terms of employment provided for his new position subject to section 44. His salary shall be determined according to the salary-related provisions applicable to the position in which he is reinstated.

O.C. 1217-96, s. 106; T.B. 196313, s. 60.

106.1. A senior administrator whose salary is reduced following reinstatement in a position in a lower salary class or with a lower salary scale, with no reduction in his weekly work load, shall receive the whole difference between the salary he received on the date of reinstatement and the salary paid to him in his new position, as a lump sum, until the end of the three-year period following the date of elimination of his position.

When this senior administrator’s period of reinstatement is interrupted because of a disability or a leave under the parental rights plan provided for in Chapter 4.1, it is extended for a period equal to the duration of such leaves.

During the period referred to in the first paragraph, the sum of the salary and the lump sum may not be less than the salary that the senior administrator would have received had he remained in his reinstated position. For the first year following that period, the lump sum paid to the reinstated senior administrator shall equal two-thirds of the difference between the salary he would have received at the end of the three-year period had he not been reinstated, and the salary for the position in which he was reinstated. The same applies for the second year following the three-year period, except that the lump sum shall equal one-third of the difference.

T.B. 196313, s. 60; M.O. 2011-007, s. 17.

106.2. A senior administrator who is reinstated in a position involving a lower weekly work load in a lower salary class or having a lower salary scale, shall receive the difference between the new salary and the salary he received on the date of reinstatement, reduced proportionally to the number of hours worked in the new position. The difference shall be paid in accordance with the terms and conditions set out in section 106.1.

T.B. 196313, s. 60.

106.3. If the reinstatement of the senior administrator results in a decrease in his salary solely because of a reduction in his weekly work load, the salary paid to him for the new position shall correspond to the number of hours worked in the new position.

T.B. 196313, s. 60.

§ 1.2 . — Miscellaneous provisions

T.B. 196313, s. 61.

107. A senior administrator who is reinstated in a position of union member or unionizable non-member

(1)  may continue to be entitled to the group insurance plans in accordance with section 44;

(2)  shall maintain his sick-leave fund and may use it according to the provisions prescribed in Division 8 of Chapter 4;

(3)  (paragraph revoked);

(4)  (paragraph revoked).

O.C. 1217-96, s. 107; T.B. 196313, s. 61; M.O. 2007-006, s. 8.

108. A senior administrator who is reinstated in a position located more than 50 km by road from his home base and his residence is entitled to the reimbursement, from his original employer, of his or her moving expenses and temporary moving-in expenses; these expenses are the same as those prescribed in the Directive concernant l’ensemble des conditions de travail (C.T. 208914, 2010-04-20), and its amendments for the public sector, with the necessary modifications.

O.C. 1217-96, s. 108; M.O. 2011-018, s. 9.

109. The employer shall determine and offer the adaptation activities which he deems necessary for the reinstated senior administrator.

O.C. 1217-96, s. 109.

§ 2 . — Reinstatement with the same employer

110. Where the employer has a position of senior administrator, officer, union member or unionizable non-member, the employer shall invite in writing the senior administrator who has chosen reinstatement within the sector, if the senior administrator has the adequate training and experience and meets the requirements of the position, to apply for that position.

The senior administrator may apply for that position and shall accept the position if it is offered to him.

The employer shall inform the agency concerned of the reinstatement of the senior administrator and the terms of the reinstatement.

O.C. 1217-96, s. 110; T.B. 196313, s. 62.

111. The employer may return to reinstatement a senior administrator who has been reinstated, in accordance with section 110, to a position of senior administrator or officer in a class higher than the class of the position which he held before his reinstatement if, during the period of 6 months following the reinstatement, the employer realizes that it is not expedient to retain the services of the senior administrator in that position. There shall be no appeal against this judgment of expediency under this Regulation.

O.C. 1217-96, s. 111; M.O. 2011-007, s. 18.

§ 3 . — Reinstatement with another employer

112. A senior administrator who has chosen the reinstatement option may find himself a job or be reinstated with another employer in a position of senior administrator, officer, union member or unionizable non-member that corresponds to his training and experience, taking into account the normal requirements of the position to be filled and the reinstatement plan if such a plan is available.

The employer shall inform the agency concerned of the reinstatement of the senior administrator and the terms of the reinstatement.

O.C. 1217-96, s. 112; T.B. 196313, s. 63.

113. A senior administrator who is reinstated with another employer shall undergo a trial period of not more than 12 months. During the trial period, he shall retain his employment relationship with his original employer.

A senior administrator who is reinstated in a position of union member or unionizable non-member shall retain his employment relationship with his original employer until he obtains job security in his new position or, where applicable, in another position of union member or unionizable non-member.

O.C. 1217-96, s. 113; T.B. 196313, s. 64.

114. Where, during the trial period, the new employer no longer considers it expedient to retain the services of the senior administrator, the original employer shall reinstate him and apply the salary and terms of employment to which the senior administrator was entitled before his reinstatement, until the expiry of the reinstatement period. There shall be no appeal under this Regulation against the decision made by the new employer.

O.C. 1217-96, s. 114; T.B. 196313, s. 65; M.O. 2011-007, s. 19.

115. The original employer shall dispose of the senior administrator’s sick-leave fund in accordance with sections 86.1 and 86.2 after the trial period has been completed with the new employer.

O.C. 1217-96, s. 115; T.B. 196313, s. 66.

116. A senior administrator who is reinstated with another employer located more than 150 km from his home base and his residence, during his reinstatement period, shall receive from his original employer a mobility bonus equivalent to 3 months of the salary he was receiving at the date of reinstatement. The senior administrator shall ask for payment of this bonus at the end of his trial period.

O.C. 1217-96, s. 116; T.B. 196313, s. 67.

DIVISION 5 DEPARTURE FROM THE SECTOR

§ 1 . — General

117. A senior administrator who has chosen the departure from the sector may elect one of the following measures:

(1)  an end-of-engagement indemnity;

(2)  a pre-retirement leave and retirement, if he is at least 50 years of age.

O.C. 1217-96, s. 117.

§ 2 . — End-of-engagement indemnity

118. A senior administrator who has chosen an end-of-engagement indemnity shall receive an indemnity equivalent to 4 months of salary per year of continuous service, including service as union member or unionizable non-member, with 1 or several employers in the public or parapublic sector. However, the maximum amount of that indemnity shall be 12 months salary. The indemnity shall be calculated based on the salary that the senior administrator was receiving at the date on which his position was eliminated. A part-time senior administrator shall benefit from the indemnity in proportion to the hours works during the 12 months prior to the date of elimination of his position. However, the indemnity cannot be less than the salary paid for the regular work load prescribed prescribed for his position.

Notwithstanding section 4, for the application of the first paragraph, the notion of parapublic sector includes the Department of Health and Social Services, the Comité patronal de négociation du secteur de la santé et des services général du secteur de la santé et des services sociaux and the associations of senior administrators, of officers and of institutions of the sector.

O.C. 1217-96, s. 118; T.B. 196313, s. 68; M.O. 2006-019, s. 17; M.O. 2007-006, s. 9; M.O. 2011-007, s. 20.

119. The end-of-engagement indemnity shall not include accumulated annual vacation nor the reimbursement of the senior administrator’s sick-leave fund.

O.C. 1217-96, s. 119.

120. Where a senior administrator has chosen the end-of-engagement indemnity, the employment relationship between the senior administrator and his employer shall be severed on the date on which the position is eliminated. The senior administrator shall then cease to contribute to his retirement plan and to be entitled to the group insurance plans.

O.C. 1217-96, s. 120; M.O. 2011-007, s. 21.

121. To be entitled to an end-of-employment indemnity, a senior administrator shall commit, in writing, not to hold a regular or temporary position, whether full-time or part-time, of senior administrator, officer, union member, unionizable non-member or fee-earning consultant in the public and parapublic sectors for a period twice as long as the duration to which corresponds the end-of-engagement received, starting from the date on which his or her position was eliminated.

The board of directors may, in certain special circumstances and with the approval of the Minister, release the senior administrator from the commitment prescribed in the first paragraph.

A senior administrator may not receive remuneration from the Régie de l’assurance maladie du Québec for a period twice as long to which corresponds the end-of-engagement, starting from the date on which his or her position was eliminated.

O.C. 1217-96, s. 121; M.O. 2011-007, s. 22.

122. The end-of-engagement indemnity shall be paid in the following ways and in the following order:

(1)  a retirement allowance corresponding to the maximum amount that may be transferred into a pension retirement instrument under the applicable tax legislation, and taking into account any sick days that qualify under this heading. The allowance is payable no later than 30 days after the senior administrator’s departure;

(2)  a mandatory contribution by the employer to the senior administrator’s pension plan to compensate for the actuarial reduction applicable to him when he becomes eligible for his retirement pension with such a reduction. If the employer’s contribution does not compensate fully for the actuarial reduction, the senior administrator may use the amount of the retirement allowance described in paragraph 1 as full or partial compensation. Such compensation is valid for as long as the pension plan provides therefor;

(3)  an additional retirement allowance, for the amount by which the end-of-engagement indemnity exceeds both the transferable retirement allowance and the employer’s contribution, payable to the senior administrator in 2 equal payments: the first in the 30 days following the senior administrator’s departure and the second on 15 January of the following year. However, the employer may agree with the senior administrator to pay the whole of the additional pension allowance no later than 30 days following his departure.

O.C. 1217-96, s. 122; O.C. 925-97, s. 9; T.B. 196313, s. 69.

§ 3 . — Pre-retirement leave and retirement

123. (Revoked).

O.C. 1217-96, s. 123; M.O. 2011-007, s. 23.

124. A senior administrator who has chosen pre-retirement leave, with in some cases an end-of-engagement indemnity at the moment of the retirement, shall commit, in writing, not to hold a regular or temporary position, whether full-time or part-time, of senior administrator, officer, union member, unionizable non-member or fee-earning consultant in the public and parapublic sectors during the 24 months following the date on which the retirement comes into force. If he does so, his or her pre-retirement leave shall come to an end.

The board of directors may, in certain special circumstances and with the approval of the Minister, release the senior administrator from the commitment prescribed in the first paragraph.

A senior administrator may not receive remuneration from the Régie de l’assurance maladie du Québec during the 24 months following the date on which the retirement comes into force.

O.C. 1217-96, s. 124; M.O. 2011-007, s. 24.

125. The pre-retirement leave shall begin on the date on which the senior administrator’s position is eliminated and shall end on the date on which his or her retirement comes into force in accordance with his retirement plan. The senior administrator shall choose the date of his or her retirement and, consequently, the duration of his pre-retirement leave.

O.C. 1217-96, s. 125; M.O. 2011-007, s. 25.

126. The total amount to be paid, that is the sum of the salary paid during his pre-retirement leave and the amount paid in end-of-engagement indemnity, at the time of the retirement, to the senior administrator who has chosen departure from the sector, shall be equivalent to 12 months of the salary he was receiving on the date on which his position was eliminated, adjusted if applicable. A part-time senior administrator shall benefit from the indemnity in proportion to the hours works during the 12 months prior to the date on which his position is eliminated. However, the amount paid may cannot be less than the salary paid for the regular work load prescribed for his position.

O.C. 1217-96, s. 126; O.C. 925-97, s. 10; T.B. 196313, s. 70; M.O. 2011-007, s. 26.

127. During the staggered pre-retirement leave, the senior administrator’s salary shall be established as follows:

                             the amount to which the
                             senior administrator is
                             entitled under section
the salary the senior     X  125 expressed in months
administrator was
receiving on the date on
which his position was       _________________________
eliminated, adjusted if      the duration in months of
such is the case             his pre-retirement leave    

This salary shall not be higher than the eventually adjusted salary which he was receiving at the time of elimination of his position.

Where the total amount to which the senior administrator is entitled is higher than the amount of adjusted salary paid to him during his pre-retirement leave, the difference shall be paid to the senior administrator as an end-of-engagement indemnity on the date of his retirement.

O.C. 1217-96, s. 127; M.O. 2011-018, s. 10.

128. A senior administrator who has chosen to stagger his pre-retirement leave shall be deemed to be on leave without pay for the portion of his pre-retirement leave that is not paid.

O.C. 1217-96, s. 128.

129. During his pre-retirement leave, a senior administrator shall continue to participate in the retirement plans and in the group insurance plans in accordance with Chapter 4 and with section 130.1, proportionally to the adjusted salary paid to him. For the portion of his leave without pay, the applicable provisions of the retirement plans and of the group insurance plans shall apply.

O.C. 1217-96, s. 129.

130. On the conditions prescribed in paragraph 3 of section 86, the sick-leave fund may be used to add to the amount of adjusted salary prescribed in section 127.

The balance of cashable leave days at the end of the pre-retirement leave, if any, shall be paid on the conditions prescribed in paragraph 4 of section 86.

O.C. 1217-96, s. 130.

130.1. A senior administrator to whom this subdivision applies shall not participate in the short-term salary insurance plan as prescribed in paragraph 3 of section 60, or in the mandatory basic long-term salary insurance plan or the additional mandatory long-term salary insurance plan.

O.C. 1217-96, s. 130.1; T.B. 196313, s. 71; M.O. 2011-007, s. 27.

CHAPTER 6 END-OF-ENGAGEMENT MEASURES

DIVISION 1 DISMISSAL, NON-RENEWAL, TERMINATION OF EMPLOYMENT

131. The decision to dismiss a senior administrator, not to renew his appointment or to terminate his engagement shall be made by the board of directors, by a resolution adopted by the affirmative vote of at least two thirds of its members during a special meeting called for that purpose.

The board of directors shall notify the senior administrator in writing, at least 20 days in advance, that it will place on the agenda of a special meeting the consideration of his dismissal, non-renewal or termination of employment. The employer shall enclose with this notice the appraisal of the senior administrator as well as the reasons supporting the consideration of his dismissal, non-renewal or termination of employment.

The senior administrator is entitled to be heard and to make representations through the association at the special meeting contemplated in the first paragraph.

O.C. 1217-96, s. 131.

132. The employer shall notify the senior administrator in writing of the decision of the board of directors and of the grounds that motivate the decision.

In the case of a decision of non-renewal or termination of employment, the notice must be sent to the senior administrator at least 90 days prior to the date of end of employment

O.C. 1217-96, s. 132; M.O. 2006-019, s. 18; M.O. 2011-018, s. 11.

132.1. Any draft severance agreement of a senior administrator that includes a notice of termination or non-renewal of employment, renunciation of his duties or of his position of senior administrator, a leave without pay, an appointment to a position of senior adviser to the office of the executive director, the payment of severance pay or any other measure shall be sent to the Minister for authorization.

The draft severance agreement authorized by the Minister and agreed upon with the senior administrator shall be the subject of a resolution of the board of directors of the employer.

Copies of that resolution and of the agreement shall be sent to the Minister and to the president and executive director of the agency.

In the event of a change to a severance agreement, the board of directors shall proceed in accordance with this section.

M.O. 2006-019, s. 19.

133. A senior administrator disabled since 1 April 1994 shall maintain his employment relationship with his employer for as long as he is disabled and shall not be subject to dismissal, non-renewal or termination of employment for the reason that he is disabled.

A senior administrator disabled before 1 April 1994, shall maintain his employment relationship with his employer for a period of at least 5 years from the beginning of a single disability period and shall not be subject to dismissal, non-renewal or termination of employment except for gross negligence.

O.C. 1217-96, s. 133.

DIVISION 2 SEVERANCE PAY

§ 1 . — Termination and non-renewal of appointment

134. An employer shall pay severance pay to a senior administrator in the case of termination of employment with severance of the contractual employment relationship or in the case of non-renewal of appointment, except in the case of gross negligence.

To be entitled to a severance pay, a senior administrator:

(1)  shall waive any claim;

(2)  shall not eligible, on the date of termination of his employment or non-renewal of his appointment, to a retirement pension equal to 70% or more of the pensionable average salary, as determined for the purposes of calculating the retirement pension, in accordance with the retirement plan applicable to the senior administrator;

(3)  shall not be subject to a forfeiture of office of the Superior Court for failure to comply with the rules respecting conflict of interest or exclusiveness of duties.

O.C. 1217-96, s. 134.

§ 2 . — Resignation

135. (Revoked).

O.C. 1217-96, s. 135; M.O. 2011-007, s. 28.

§ 3 . — Procedures respecting quantum and payment of severance pay

136. The severance pay shall be equal to 2 months of salary per year of continuous service as a senior administrator or officer with one or several employers of the public and parapublic sectors, in the Conférence des agences, or in an association of senior administrators, of officers, or of institutions. This severance pay shall be paid according to the procedures of the employer’s pay system or monthly. It shall in no case exceed 12 months of salary.

Notwithstanding the foregoing, the severance pay is reduced by the flat dollar amounts received as attraction and retention allowances provided for under sections 40.2 and 161.

The employer may not agree with the senior administrator on a severance pay other than the severance pay prescribed in the first paragraph, unless so authorized by the Minister.

O.C. 1217-96, s. 136; M.O. 2011-018, s. 12.

137. A senior administrator who holds another position in the public or parapublic sector immediately following his departure shall not receive severance pay and shall be subject, where applicable, to the provisions respecting the maintenance of income prescribed in the second paragraph of section 36.

O.C. 1217-96, s. 137.

138. Payment of the severance pay provided for in section 134 shall cease where the senior administrator holds another position in the public or parapublic sector with a salary which is equal or higher to the indemnity paid for the same period. It also ceases where the senior administrator receives from the Régie de l’assurance maladie du Québec a remuneration which is equal or higher to the indemnity paid for the same period.

Where a senior administrator holds a position in the public or parapublic sector before he has been paid the total amount of the severance pay provided for in section 134 and where that senior administrator receives a salary lower than the salary he was receiving on the date of his departure, the original employer shall, upon presentation of vouchers, pay periodically to the senior administrator the difference between the 2 salaries, up to the total amount of the severance pay, or until the senior administrator’s new salary has reached or exceeded the salary he was receiving on the date of his departure, whichever occurs first.

Where a senior administrator receives a remuneration from the Régie de l’assurance maladie du Québec before he has been paid the total amount of the severance pay provided for in section 134 and where that remuneration is lower than the salary he was receiving on the date of his departure, the original employer shall, upon presentation of vouchers, pay periodically to the senior administrator the difference between his salary and this remuneration, up to the total amount of the severance pay, or until the senior administrator’s new salary has reached or exceeded the salary he was receiving on the date of his departure, whichever occurs first.

O.C. 1217-96, s. 138; M.O. 2011-007, s. 29.

139. The severance pay provided for in section 134 shall be the subject of a resolution of the board of directors of the employer.

O.C. 1217-96, s. 139; T.B. 196313, s. 72; M.O. 2011-007, s. 30.

140. At the request of the senior administrator, the employer may provide access to career transition services to the senior administrator who benefits from a severance pay under section 134. These career transition services, the duration of which is determined by the employer, shall be of a minimum duration of 6 months and a maximum duration of 18 months.

O.C. 1217-96, s. 140; M.O. 2007-006, s. 10.

§ 4 . — Leave with pay

141. A senior administrator who receives severance pay under section 134 may choose to replace it with paid leave. The duration of the leave shall be the number of months obtained by applying the first paragraph of section 136. However, if the senior administrator has received flat dollar amounts as attraction and retention allowances provided for under sections 40.2 and 161, the duration of the leave with pay will be reduced proportionate to the flat dollar amounts received in this respect. The paid leave shall cease if the senior administrator obtains another position in the public or parapublic sector. In such a case, sections 134 and 138 shall apply.

During the paid leave, the senior administrator shall maintain his status as a senior managerial advisor. Vacation time accumulated during the paid leave is deemed to have been taken. The senior administrator shall not benefit from the salary insurance plans. If the senior administrator becomes disabled during this period, he shall continue to receive the salary corresponding to the severance pay to which he would have been entitled until it is exhausted.

A senior administrator is deemed to have resigned on the date on which his leave expires.

O.C. 1217-96, s. 141; T.B. 196313, s. 73; M.O. 2011-007, s. 31; M.O. 2011-018, s. 13.

CHAPTER 7 PROCEDURE OF APPEAL

DIVISION 1 RESOLUTION OF MISUNDERSTANDINGS

142. Where there is a misunderstanding between a senior administrator and his employer concerning the interpretation and application of the provisions of this Regulation, except for the provisions of Division 1 of Chapter 6, the senior administrator shall address a written notice of misunderstanding to his employer within 30 days of his becoming aware of the situation and within a period not exceeding 6 months of the occurrence of the fact which gives rise to the misunderstanding.

O.C. 1217-96, s. 142; T.B. 196313, s. 74.

143. The employer and the senior administrator shall meet together within 30 days following receipt of the notice of misunderstanding to discuss the misunderstanding and, where possible, come to an agreement. The senior administrator may be accompanied to this meeting by an association representative.

If the misunderstanding persists at the end of these 30 days, the senior administrator shall, within the following 20 days, notify the employer in writing that he intends to submit the misunderstanding to an arbitrator.

O.C. 1217-96, s. 143; T.B. 196313, s. 75.

144. Such arbitration request shall include the full particulars respecting the senior administrator’s position, the name of his representative, unless he elects to represent himself, the nature of the misunderstanding and supporting documents. A copy of the arbitration request must be forwarded to the Minister.

The employer shall provide the senior administrator with copies of the documents required by the senior administrator to submit his arbitration request and to ensure his defence, subject to the obligations and powers of public bodies set out in the Act respecting access to public documents and the protection of personal information (chapter A-2.1). An arbitration request shall not be invalidated solely because it fails to include all of the particulars requested.

Within 10 days of receiving the arbitration request, the employer shall provide the name of the employer’s representative in writing to the representative of the senior administrator.

After this deadline, the parties have 15 days in which to agree on the choice of an arbitrator from the list established under section 154.

Where the parties fail to agree on the choice of an arbitrator, either party shall apply in writing for the Minister to designate an arbitrator. This application shall include a copy of the senior administrator’s initial arbitration request, the name of his representative and the name of the employer’s representative.

Within 30 days of receiving the application, the Minister shall designate the arbitrator who shall hear the misunderstanding and so shall notify the parties in writing.

O.C. 1217-96, s. 144; T.B. 196313, s. 76.

145. The arbitrator shall establish the hearing procedure taking into account the recognized principles of natural justice and shall exercise the powers prescribed by Division III of Chapter IV of Title I of the Labour Code (chapter C-27) subject to this Chapter.

Notwithstanding section 100.6 of the Labour Code, the Minister may not be summoned to testify.

The arbitrator shall convene the parties at least 10 days prior to the date of the first hearing. Where the representative, duly summoned, of a party fails to be present, the arbitrator may proceed with the hearing.

The arbitrator shall ascertain that the arbitration request was filed within the prescribed period, verify whether the procedure followed by the employer in making the decision is consistent with the Act and with this Regulation, and assess the admissibility and the nature of the misunderstanding.

The arbitrator shall receive the observations of the parties and take the misunderstanding under advisement. The parties shall exchange copies of their respective written observations, if any.

O.C. 1217-96, s. 145; T.B. 196313, s. 77.

146. The arbitrator shall analyze the misunderstanding, verify the validity of the employer’s decision, and assess its consistency with the Act and this Regulation.

The arbitrator shall deliver a decision which is substantiated, written and signed within 30 days following the end of the hearings. This period may be extended upon agreement between the parties. The decision shall not be invalidated solely because it is delivered after that period.

The arbitrator shall end a copy of his decision to the parties and to the Minister.

Where the senior administrator ceases to claim that there is a misunderstanding, in particular when an agreement occurs prior to the arbitrator’s decision, the senior administrator shall so notify the employer and the arbitrator in writing.

Where the arbitrator finds the employer’s decision to be in compliance with the Act and this Regulation, he shall maintain that decision.

Where the arbitrator finds the employer’s decision to contravene the Act and this Regulation, he shall deliver his decision by exercising to do so the powers prescribed in the first paragraph of section 145.

The arbitrator’s decision shall in no case have the effect of changing, adding to or subtracting from the provisions of the Act and this Regulation.

O.C. 1217-96, s. 146; T.B. 196313, s. 78.

147. The arbitrator’s decision is final and enforceable and it binds the senior administrator and the employer.

O.C. 1217-96, s. 147.

DIVISION 2 PROCEDURE OF APPEAL RESPECTING THE APPLICATION OF DIVISION 1 OF CHAPTER 6 — END-OF-ENGAGEMENT MEASURES

148. Where a senior administrator contests his employer’s decision to dismiss him, not to renew his appointment or to terminate his employment, either because he considers that such decision is in violation of Division 1 of Chapter 6 or because he disagrees with its validity, he shall notify the employer, within 45 days of the date of dismissal, non-renewal or appointment or termination of employment, of his decision to submit the issue to an arbitrator. An arbitrator shall be designated in accordance with the procedure defined under section 144.

The arbitrator so designated shall proceed in accordance with section 145.

O.C. 1217-96, s. 148; T.B. 196313, s. 79.

149. The arbitrator shall verify whether the employer’s decision was made following a procedure which is in accordance with Section 1 of Chapter 6.

O.C. 1217-96, s. 149.

150. The arbitrator shall analyze the employer’s decision and assess whether it is just and reasonable. He shall deliver a decision which is substantiated, written and signed within 30 days following the date of the end of the hearings. This period may be extended upon written agreement between the parties. The decision shall not be invalidated solely because it is delivered after that period. The arbitrator shall send a copy of his decision to the parties and to the Minister.

Where the senior administrator withdraws his complaint or where an agreement occurs prior to the arbitrator’s decision, the arbitrator shall be so notified in writing.

O.C. 1217-96, s. 150.

151. The arbitrator’s decision is enforceable and without appeal. It binds the senior administrator and the employer. It is homologated by the Supreme Court upon application of the senior administrator or the employer, the whole at the employer’s expense.

Where the arbitrator finds the employer’s decision to be justified, he shall maintain that decision.

Where the arbitrator finds the employer’s decision to be unjustified or to contravene Division 1 of Chapter 6, he shall determine a compensation for any salary lost by the senior administrator. In computing the compensation, the arbitrator shall take into account in particular any salary or benefits received by the senior administrator in the public and parapublic sector since the end of his employment.

Moreover, the arbitrator shall order the employer to apply one of the following measures:

(1)  the payment to the senior administrator of a compensation equal to 12 months of his salary;

(2)  the application to the senior administrator of the employment stability measures prescribed in Chapter 5 of this Regulation.

The compensation and benefits granted to the senior administrator by decision of the arbitrator shall be paid by the employer concerned.

O.C. 1217-96, s. 151.

152. A senior administrator who contests his employer’s decision to dismiss him, not to renew his appointment or to terminate his employment shall maintain his participation in the uniform life insurance plan but may not benefit from the short-term salary insurance plan prescribed in Division 5 of Chapter 4. Also, he shall maintain his participation in the mandatory basic health-accident insurance plan by paying his premiums as well as the employer’s contribution in the plan. He may maintain his participation in the other insurance plans prescribed in subparagraphs 1 and 2 of section 62, except however for the long-term salary insurance plans, until the date on which the arbitrator’s decision is delivered or the date of the agreement prescribed in the second paragraph of section 150 and provided that he so applies to the concerned insurance company in accordance with the provisions of the master policy. The senior administrator who maintains his participation in these insurance plans shall also maintain his participation in the survivor’s pension plan in accordance with the provisions prescribed for this plan.

Where the arbitrator’s decision is in favour of the senior administrator, the employer shall reimburse to the senior administrator the portion of the contributions that the employer should have paid.

O.C. 1217-96, s. 152; O.C. 925-97, s. 11.

153. Any draft agreement to be entered into before the arbitrator delivers his decision shall be forwarded to the Minister for authorization.

The draft agreement authorized by the Minister and entered into with the senior administrator shall be the subject of a resolution of the board of directors of the employer.

Copies of that resolution and of the agreement shall be sent to the arbitrator, to the Minister and to the president and executive director of the agency within 15 days following the adoption of the resolution.

In the event of a change to such agreement, the board of directors shall proceed in accordance with this section.

Copies of that resolution and of the agreement shall be sent to the arbitrator within 15 days following the adoption of the resolution.

Such agreement shall include a clause withdrawing the complaint and the senior administrator’s waiver of any other claim. Any benefits granted under such agreement shall in no case exceed those prescribed in section 151.

O.C. 1217-96, s. 153; T.B. 196313, s. 80; M.O. 2006-019, s. 20.

DIVISION 3 LIST OF ARBITRATORS, EXPERT PHYSICIANS AND ARBITRATION FEES

O.C. 1217-96, Div. 3; T.B. 196313, s. 81.

154. A list of arbitrators and expert physicians shall be drawn up by the Minister, the employers’ associations and the association. The list may be updated on 1 April of each year at the request of one of the signatories. Any amendment made to the list of arbitrators shall be approved by all of the signatories.

O.C. 1217-96, s. 154; T.B. 196313, s. 82.

155. Each party shall pay for its own expenses. In cases contemplated in Division 1 of this chapter, the arbitrator’s fees and expenses shall be borne by the losing party or the party which withdraws. Where an agreement is reached before the arbitrator delivers his decision, such agreement shall prescribe the sharing of the arbitrator’s fees and expenses by the parties. Where the arbitrator considers his decision or his recommendation to be split, the arbitrator shall determine the proportion in which his fees and expenses shall be paid by each party. In cases contemplated under Division 2 of this chapter, the arbitrator’s fees and expenses shall be paid by the employer.

O.C. 1217-96, s. 155.

CHAPTER 8 TRANSITORY AND FINAL

156. This Regulation replaces:

(1)  The Regulation respecting certain terms of employment applicable to executive directors of regional boards and of public health and social services institutions (O.C. 1179-92, 92-08-12);

(2)  the Regulation respecting remuneration of directors general and senior and intermediate officers of regional councils, public establishments and private establishments referred to in sections 176 and 177 of the Act respecting health services and social services (O.C. 1572-90, 90-11-07), except where they apply to the territory of the Cree Board of Health and Social Services of James Bay;

(3)  the Regulation respecting the remuneration of executive directors of regional boards and public health and social services institutions (O.C. 1801-92, 92-12-09);

(4)  the Regulation respecting the remuneration of executive directors and senior and middle management personnel of regional boards and health and social services institutions (O.C. 572-93, 93-04-21).

O.C. 1217-96, s. 156; T.B. 196313, s. 83.

157. A senior administrator whose salary is higher than the new salary class for his position at 30 June 1996 following the application of the second paragraph of section 44 of the Regulation referred to in paragraph 2 of section 156 and of section 4.3 of the Regulation contemplated in paragraph 4 of section 156, shall continue to retain his salary.

O.C. 1217-96, s. 157; M.O. 2011-018, s. 14.

158. An executive director placed on reserve in accordance with the definition prescribed in Section 4 of Chapter 1 shall benefit, retroactively to the date on which his position is eliminated, from the provisions of Chapter 5 of this Regulation. In such case, the maximum amount that the senior administrator is entitled to receive may not be higher than the equivalent of 36 months of his adjusted salary, if applicable.

The senior administrator covered by subsection 2 of section 159 of the Regulation mentioned in paragraph 1 of section 156 of the Regulation is deemed to have chosen, retroactively to the date of the elimination of his position, the reinstatement option as prescribed in Division 4 of Chapter 5 of this Regulation.

Sections 32 and 33 of this Regulation shall come into force on 30 June 1996.

O.C. 1217-96, s. 158; O.C. 925-97, s. 12.

158.1. On 1 April 1997, a salary increase shall be granted to a senior administrator whose work performance during the period from 1 April 1996 to 31 March 1997 is deemed satisfactory. There shall be no appeal under this Regulation regarding the appraisal made by the employer to that effect. The rate of this increase shall represent 4%, of the salary of the senior administrator at 31 March 1997, provided that this increase does not make the salary of the senior administrator higher than the maximum of the salary class for his position.

The second, third, fourth and fifth paragraphs of section 30 apply to the increase for 1997-1998, by substituting the date “1 April” for the date “1 July” wherever it is found and by making the consequential changes in Schedule II.

O.C. 243-97, s. 1.

158.2. No later than 1 May 1997, the remuneration of a senior administrator shall be reduced by an amount equivalent to 1.3 days’ work. A 1.5-day leave without pay shall be granted to the senior administrator by the employer. The senior administrator has until 31 March 1998 to take that leave.

Where a senior administrator holds a part-time position, the reduction in remuneration and the corresponding leave without pay shall be determined in proportion to the time worked at his position.

The senior administrator’s contribution to his retirement plan shall nonetheless be computed on the basis of the remuneration that he would have received were it not for the reduction in remuneration provided for in the first paragraph and in the second paragraph for a part-time senior administrator.

O.C. 243-97, s. 1; O.C. 925-97, s. 13.

158.3. (Revoked).

T.B. 196313, s. 84; M.O. 2007-006, s. 11.

159. The provisions applying to the definition of disability, to the definition of a disability period, to the level of benefits and those prescribed in Subdivision 3 of Division 7 of Chapter 4 shall not apply to a senior administrator who is disabled on 31 March 1994. Such senior administrator shall continue to be subject to the provisions that were applicable to that effect at the beginning of his disability, until the end of this disability.

O.C. 1217-96, s. 159.

159.1. The expression “régimes d’assurance collective” is substituted for the expression “régimes collectifs d’assurance” wherever the latter expression occurs in the French version of this Regulation.

T.B. 196313, s. 85.

159.1.1. As of 29 July 2009, a person referred to in section 48.1 who is already employed with the employer and is participating at that time in group insurance plans provided for in Chapter 4 shall continue to benefit from those plans for a maximum of 90 days from that date. Upon expiration of that period, that person shall cease to be covered by those insurance plans and shall receive the monetary compensation provided for in the second paragraph of section 48.1.

However, the first paragraph does not apply if the person concerned is disabled and is already covered by the salary insurance plan provided for in Chapter 4. In such a case, that person shall continue to benefit from the provisions of that plan and from the other group insurance plans provided for in this Chapter until the expiry date of his salary insurance benefits or until the termination date of those benefits as provided for in section 60 or in the master policy. As of that date, that person shall receive the monetary compensation provided for in the second paragraph of section 48.1.

M.O. 2009-008, s. 2.

159.1.2. A senior administrator to whom section 159.1.1 applies and who, as of 30 March 2011, is receiving the 6% monetary compensation, may, notwithstanding the second paragraph of section 48.1, again be covered by management employees group insurance plans of the public and parapublic sectors in which the senior administrator was participating on 28 July 2009, if he or she satisfies the following conditions:

(a)  as of 30 March 2011, the senior administrator still holds the position that he or she held on 28 July 2009 or, if the senior administrator no longer holds that position, holds another management position with the same employer without interruption in the employment relationship between 28 July 2009 and 30 March 2011;

(b)  the senior administrator makes an application to the Minister of Health and Social Services no later than 45 days following 30 March 2011.

The senior administrator must enclose with the application a copy of the letter of appointment to the management position, together with a letter from the employer stating that the senior administrator satisfies the first condition above and that, as of 28 July 2009, he or she was covered by management employees group insurance plans of the public and parapublic sectors.

If applicable, the senior administrator shall again be covered by management employees group insurance plans of the public and parapublic sectors no later than 90 days following 30 March 2011 and shall no longer be entitled, as of the date on which he or she is covered again, to the monetary compensation provided for in the second paragraph of section 48.1.

M.O. 2011-002, s. 1.

159.2. (Revoked).

M.O. 2003-006, s. 3; M.O. 2006-019, s. 21.

159.3. (Revoked).

M.O. 2003-006, s. 3; M.O. 2006-019, s. 21.

159.4. (Revoked).

M.O. 2003-006, s. 3; M.O. 2006-019, s. 21.

159.5. (Revoked).

M.O. 2003-006, s. 3; M.O. 2006-019, s. 21.

160. (Omitted).

O.C. 1217-96, s. 160.

161. A senior administrator, other than a senior administrator benefiting from the employment stability measures provided for in Chapter 5 or end-of-engagement measures provided for in Chapter 6, who has reached 55 years of age and has accumulated 15 years of continuous service on or before 31 March 2011 may receive an attraction and retention allowance.

This attraction and retention allowance corresponds to 20% of the salary that is paid to the senior administrator. It is paid in the form of a lump sum in proportion to the time worked and according to the procedures of the employer’s pay system. It shall take effect on 30 March 2011. This amount is revised on 1 April of each year, taking into account changes in the salary paid to the senior administrator.

Whatever the changes in the senior administrator’s salary, the cumulative percentage of annual payments fixed at 20% per year may not, under any circumstances, exceed 100% during and at the end of the senior administrator’s career in the health and social services sector, and the allowance may not be paid for a period of more than 5 years.

In the event that the employment relationship is terminated before the senior administrator has reached the percentage of 100%, that is, before the end of the five-year period that starts on the day on which the senior administrator becomes eligible for the attraction and retention allowance, the senior administrator shall receive, at the time of the termination of the employment relationship, the difference between the cumulative percentages of 20% already received and 100%. The percentage that corresponds to this difference shall be applied to the senior administrator’s annual salary when employment is terminated.

To be entitled to the attraction and retention allowance, a senior administrator shall commit, in writing, starting with the first payment, not to hold a regular or temporary position, whether full-time or part-time, of senior administrator, officer, union member, unionizable non-member or fee-earning consultant in the public and parapublic sectors for a period of 2 years following his or her departure. If this commitment is not met, the senior administrator must reimburse all amounts received as an attraction and retention allowance.

The board of directors may, in certain special circumstances and with the approval of the Minister, release the senior administrator from the commitment prescribed in the fifth paragraph.

A senior administrator who does not meet the criteria of having reached 55 years of age and having accumulated 15 years of continuous service on or before 31 March 2011 may not benefit from the provisions of this section. However, he or she remains subject to the provisions of section 40.2.

This section does not apply to a senior administrator who receives a retirement pension from a pension plan managed by Retraite Québec, other than the Pension Plan of Elected Municipal Officers (PPEMO), the Retirement Plan for Mayors and Councillors of Municipalities (RPMCM) or the Pension Plan of the Members of the National Assembly (PPMNA).

M.O. 2011-007, s. 32; M.O. 2011-018, s. 15.

162. As of 30 March 2011, these amendments shall be considered to be an integral part of the senior administrator’s employment contract, and they replace the provisions of this contract that relate to severance pay.

However, the provisions governing employment stability measures and severance pay that applied before 30 March 2011 shall continue to apply to a senior administrator who was already covered by employment stability measures or to a senior administrator who was receiving severance pay or who was covered by a severance agreement that included payment of severance pay.

M.O. 2011-007, s. 32.

163. The rules for integrating senior administrators into a new classification plan are established by the Minister after consulting with the association.

However, a senior administrator who, on the date the classification plan comes into force, believes that his or her salary was not determined according to the rules established by the Minister may address a notice of misunderstanding to his or her employer in accordance with Chapter 7 of the Regulation.

M.O. 2011-007, s. 32.

164. Notwithstanding the provisions of the third paragraph of section 94, a senior administrator whose position has been eliminated pursuant to section 189 of the Act to modify the organization and governance of the health and social services network, in particular by abolishing the regional agencies (chapter O-7.2) and who has chosen maintenance of the contract or reinstatement within the sector may modify his initial choice and opt for departure from the sector, provided he so notifies the employer in writing before 1 May 2015.

M.O. 2015-004, s. 1.

165. A senior administrator who benefits from the provisions provided for in Chapter 4.1 before 29 March 2017 continues to benefit from the provisions of Chapter 4.1 in force on 28 March 2017.

M.O. 2017-005, s. 24.

SCHEDULE 1

SALARY CLASSES FOR SENIOR ADMINISTRATORS

(s. 28)

	CLASS	31 MARCH 2015 (1%)		1 APRIL 2016 (1.5%)		1 APRIL 2017 (1.75%)		1 APRIL 2018 (2%)
		Minimum	Maximum	Minimum	Maximum	Minimum	Maximum	Minimum	Maximum
	HC-01	$67,082	$92,311	$68,088	$93,696	$69,280	$95,336	$70,666	$97,243
	HC-02	$75,169	$103,440	$76,297	$104,992	$77,632	$106,829	$79,185	$108,966
	HC-03	$84,230	$115,911	$85,493	$117,650	$86,989	$119,709	$88,729	$122,103
	HC-04	$92,356	$127,095	$93,741	$129,001	$95,381	$131,259	$97,289	$133,884
	HC-05	$103,488	$142,418	$105,040	$144,554	$106,878	$147,084	$109,016	$150,026
	HC-06	$115,966	$159,585	$117,705	$161,979	$119,765	$164,814	$122,160	$168,110
	HC-07	$128,354	$176,627	$130,279	$179,276	$132,559	$182,413	$135,210	$186,061
	HC-08	$139,290	$191,644	$141,379	$194,519	$143,853	$197,923	$146,730	$201,881
	HC-09	$147,678	$203,203	$149,893	$206,251	$152,516	$209,860	$155,566	$214,057
	HC-10	$156,598	$215,480	$158,947	$218,712	$161,729	$222,539	$164,964	$226,990

These salary rates shall determine, for each of these salary classes, the minimum and maximum salary limits for the annual salary of a full-time senior administrator.

The conversion of the annual salary of a senior administrator into a weekly salary is obtained by dividing the annual salary by 52.18. The conversion of the annual salary of a senior administrator into a daily salary is obtained by dividing the annual salary by 260.9.

O.C. 1217-96, Sch. I; O.C. 925-97, ss. 14 and 15; T.B. 194783, s. 2; T.B. 196626, s. 2; M.O. 2003-006, s. 4; M.O. 2006-019, s. 22; M.O. 2011-007, s. 33; M.O. 2017-005, s. 25.

SCHEDULE I.1

(Replaced)

O.C. 925-97, s. 15; T.B. 194783, s. 2.

SCHEDULE II

(Replaced)

O.C. 1217-96, Sch. II; O.C. 925-97, s. 16; T.B. 194783, s. 2.

SCHEDULE I.A

ADJUSTMENT PERCENTAGES FOR SALARY CLASSES

(s. 28)

_________________________________________________________________

                        01-04-2001               01-04-2002
  Salary            Minimum   Maximum        Minimum   Maximum
 classes
_________________________________________________________________

    02               0.00       0.00          0.00      0.00
    03               0.00       0.00          0.00      0.00
    04               0.00       0.00          0.00      0.00
    05               0.00       0.00          0.00      0.00
    06               0.00       0.00          0.00      0.00
    07               1.39       1.39          0.00      0.00
    08               2.30       2.30          0.00      0.00
    09               3.00       3.00          0.29      0.29
    10               3.00       3.00          0.42      0.42
    11               3.00       3.00          0.03      0.03
    12               2.70       2.70          0.00      0.00
    13               2.66       2.66          0.00      0.00
    14               2.01       2.01          0.00      0.00
    15               2.64       2.64          0.00      0.00
    16               2.22       2.22          0.00      0.00
    17               2.42       2.42          0.00      0.00
    18               2.91       2.91          0.00      0.00
    19               3.00       3.00          0.48      0.48
    20               3.00       3.00          0.61      0.61
    21               3.00       3.00          0.93      0.93
    22               3.00       3.00          1.59      1.59
    23               3.00       3.00          2.55      2.55
    24               3.07       3.07          3.07      3.07
    25               4.56       4.56          4.56      4.56
    26               4.85       4.85          4.85      4.85
    27               5.21       5.21          5.21      5.21
    28               5.66       5.66          5.66      5.66
    29               6.10       6.10          6.10      6.10
    30               6.53       6.53          6.53      6.53
__________________________________________________________________

T.B. 196626, s. 2.

SCHEDULE III

SALARY CLASSES OF ASSISTANT EXECUTIVE DIRECTORS OF INTEGRATED HEALTH AND SOCIAL SERVICES CENTRES AND OF UNAMALGAMATED INSTITUTIONS

	CLASS	31 MARCH 2015 (1%)		1 APRIL 2016 (1.5%)		1 APRIL 2017 (1.75%)		1 APRIL 2018 (2%)
		Minimum	Maximum	Minimum	Maximum	Minimum	Maximum	Minimum	Maximum
	DGA-1	$158,462	$206,000	$160,839	$209,090	$163,654	$212,749	$166,927	$217,004
	DGA-2	$146,724	$190,741	$148,925	$193,602	$151,531	$196,990	$154,562	$200,930
	DGA-3	$135,855	$176,612	$137,893	$179,261	$140,306	$182,398	$143,112	$186,046
	DGA-4	$125,792	$163,529	$127,679	$165,982	$129,913	$168,887	$132,511	$172,265
	DGA-5	$116,474	$151,416	$118,221	$153,687	$120,290	$156,377	$122,696	$159,505

M.O. 2015-007, s. 2; M.O. 2017-005, s. 26.

REFERENCES

O.C. 1217-96, 1996 G.O. 2, 4173

O.C. 243-97, 1997 G.O. 2, 955

O.C. 925-97, 1997 G.O. 2, 4172

T.B. 193820, 1999 G.O. 2, 3645

T.B. 194783, 2000 G.O. 2, 2247

T.B. 196313, 2001 G.O. 2, 2092

T.B. 196626, 2001 G.O. 2, 3653

M.O. 2003-006, 2003 G.O. 2, 1499

S.Q. 2005, c. 32, s. 309

M.O. 2006-019, 2006 G.O. 2, 2841

M.O. 2007-006, 2007 G.O. 2, 2253

M.O. 2009-008, 2009 G.O. 2, 2232

M.O. 2011-002, 2011 G.O. 2, 979

M.O. 2011-007, 2011 G.O. 2, 981

M.O. 2011-018, 2011 G.O. 2, 351

M.O. 2015-004, 2015 G.O. 2, 457

M.O. 2015-007, 2015 G.O. 2,548

S.Q. 2015, c. 15, s. 237

S.Q. 2015, c. 20, s. 61

M.O. 2017-005, 2017 G.O. 2, 909