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D-2, r. 1 - Decree respecting security guards
Section 7.02
Disposition versions
7.02. Regular A-01 employees accumulate in leave, for an absence due to sickness or accident, an amount equal to 2% of their wages for hours worked during the reference year from 1 November to 31 October, including the compensation for holidays and P-4 and P-12 premiums. The employer must inform regular A-01 employees of the amount they have accumulated in leave, not later than the 30 November following the end of the reference year.
A regular A-01 employee who is absent during the year following the reference year for a reason provided for in the first paragraph receives the equivalent in wages of the number of hours scheduled for each day of absence up to the amount accumulated during the reference year. 2 days of absence for a reason provided for in section 79.1 or 79.7 of the Act respecting labour standards (chapter N-1.1) are taken from the amount accumulated in leave.
Despite the second paragraph, a regular A-01 employee must have accumulated the equivalent in wages of a full day for that day to be paid. If that is not the case, the Act respecting labour standards applies to the employee. The same applies to an employee who has not acquired the status of regular A-01.
The balance of the amount accumulated in leave, if any, is paid to a regular A-01 employee not later than 10 December of the year immediately following the end of the year where the employee could have taken a day of leave with pay.
A regular A-01 employee whose employment ends is entitled to payment of the balance of the amount accumulated that the employee could have taken as leave with pay during the current year, but is not entitled to the percentage of the wages earned during the current year where employment ends.
Despite the foregoing, where there is a change in employer and the regular A-01 employee is hired on the same workplace by the new employer and the employee has performed an average of 30 hours of work between 1 November and the date of the end of employment, the balance of the amount accumulated in leave, if any, that the employee could have taken during the current year, as well as the percentage of the wages earned during the current year where the change in employer occurs, is paid by the former employer at the time of the employee’s departure.
7.02. Regular A-01 employees accumulate in leave, for an absence due to sickness or accident, equal to 2% of their wages for hours worked, including the compensation for holidays but excluding premiums.
A regular A-01 employee who is absent because of a reason referred to in the first paragraph receives the equivalent in wages of the number of hours scheduled per day of absence up to the reserve accumulated the preceding year. Two days of absence for a reason provided for in section 79.7 or for any other reason provided for in section 79.1 of the Act respecting labour standards (chapter N-1.1) are taken from the amount accumulated in leave.
Despite the second paragraph, a regular A-01 employee must have accumulated the equivalent in wages of a full day for that day to be paid. If that is not the case, the Act respecting labour standards applies to the employee. The same applies to an employee who has not acquired the status of regular A-01.
On 31 October of each year, the employer establishes the dollar amount of the sick leave or accident accumulated the preceding year by each regular A-01 employee and informs each regular A‑01 employee thereof not later than the following 30 November.
To be entitled to the payment of the dollar amount of accumulated leave established by the employer on 31 October of each year, the regular A-01 employee must be in the employ of his or her employer on 31 October, except where there is a change in employer and the regular A-01 employee is hired on the same workplace by the new employer and the employee has performed an average of 30 hours of work between 1 November and the date of the end of employment. In that case, the dollar amount of leave accumulated in the preceding year and in the current year is paid by the former employer at the time of the employee’s departure. A regular A-01 employee who is still in the employ of his or her employer on 31 October is paid the dollar amount of leave accumulated in the preceding year not later than the following 10 December.
7.02. Regular A-01 employees accumulate sick leave or accident equal to 2% of their wages for hours worked, including the compensation for holidays but excluding premiums.
A regular A-01 employee who is absent because of sickness or an accident receives the equivalent in wages of the number of hours scheduled per day of absence up to the reserve accumulated under the first paragraph. The regular A-01 employee must have accumulated the equivalent in wages of a full day for that day of absence to be paid.
On 31 October of each year, the employer shall establish the dollar amount of the sick leave or accident accumulated by each regular A-01 employee and shall inform each regular A-01 employee thereof not later than the following 30 November.
To be entitled to the payment of his or her accumulated sick leave or accident, as established by the employer on 31 October of each year, the regular A-01 employee must be in the employ of his or her employer on 31 October; however, where there is a change in employer and the regular A-01 employee is hired on his or her workplace by the new employer, the accumulated sick leave or accident is paid by his or her former employer at the time of the employee’s departure. A regular A-01 employee who is still in the employ of his or her employer on 31 October is paid the amount accumulated no later than the following 10 December.
