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

Section 42 Disposition versions

2024-04-03

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, total 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; M.O. 2024-008, s. 5.

2012-09-01

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.