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 94 Disposition versions

2012-09-01

94. If a senior administrator cannot be reinstated during that period, the employer shall notify him in writing of the elimination of his position. The notice shall be sent to the senior administrator at least 30 days before the date on which the position is to be eliminated. A copy of the notice stating the position is to be eliminated shall be sent to the agency and to the Association des directeurs généraux des services de santé et des services sociaux.

Upon receiving the notice, the senior administrator shall choose in writing, before the date of elimination of his position, one of the following options:

(1)  the maintenance of his employment contract for its remaining period as prescribed in Subdivision 1 of this division;

(2)  reinstatement within the sector as prescribed in Division 4 of this chapter;

(3)  departure from the sector as prescribed in Division 5 of this chapter.

The senior administrator’s choice shall come into force on the date of elimination of his position. This choice is final and may not be changed later.

A senior administrator who has failed to communicate his choice to his employer by the date of elimination of his position is deemed to have chosen reinstatement in the same sector.

The employer shall forward the choice made by the senior administrator under the second or fourth paragraph to the agency concerned.

The choice of a senior administrator who is disabled, on leave under the parental rights plan, on leave without pay or leave with pay or on deferred salary leave shall be made and come into force on the date on which the disability period or leave ends. A senior administrator whose position is eliminated during a disability period shall continue to receive his salary insurance benefits as long as he is disabled.

O.C. 1217-96, s. 94; T.B. 196313, s. 54; M.O. 2011-007, s. 9.