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 57.1 Disposition versions

2012-09-01

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.