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 79 Disposition versions

2012-09-01

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.