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 87.53 Disposition versions

2012-09-01

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.