S-4.2, r. 5.1 - Regulation respecting certain terms of employment applicable to officers of agencies and health and social services institutions

Section 95 Disposition versions

2015-03-23

95. An officer who elects the option of reinstatement within the sector shall retain his status of officer for a reinstatement period of a duration that may not exceed 36 months from the date of elimination of his position.

During the reinstatement period, with the authorization of his employer and, where applicable, of the other employer, an officer whose position has been eliminated may replace an officer whose position has not been eliminated, either with his employer or with another employer. In such a case, the officer whose position has not been eliminated and who agrees to replace an officer whose position has been eliminated shall benefit from the remaining portion of the reinstatement period.

During the reinstatement period, the employer shall maintain the officer’s salary and, subject to section 34.1, all his terms of employment as an officer, provided the officer does not refuse, without valid reason, to provide the services required by the employer in duties that take into account the officer’s training and experience and his reinstatement plan, if any. A part-time officer shall receive a salary proportional to the hours actually worked in the 12 months preceding the date on which his position is eliminated. The salary paid to the officer cannot be less than the salary paid for the regular work load prescribed for his position.

During the reinstatement period, the officer shall take the vacation he accumulated during the previous reference period. On the date of the severance of the employment relationship, the original employer shall reimburse to the officer an amount equivalent to the accumulated annual vacation not taken.

During the reinstatement period, the officer shall retain the benefits of the group insurance plans prescribed in Chapter 4. Any disability period of more than 3 weeks shall be excluded from the reinstatement period.

Any parental leave and leave without pay of an officer being reinstated shall be excluded from the reinstatement period.

Any period during which the services of the officer are loaned to another employer in the public and parapublic sectors shall be included in the reinstatement period for a period not exceeding 36 months, for the equivalent in time of the portion of the service loan period that is at the expense of the other employer.

At the end of the reinstatement period, an officer who has not been reinstated shall be laid off by his employer. At the request of the officer, his name shall be entered in the bank of reinstatement officers or on the recall list and he shall remain eligible for selection competitions for the appointment of officers and senior administrators for a period of 24 months.

O.C. 1218-96, s. 95; T.B. 196312, s. 61; M.O. 2015-003, s. 2; M.O. 2020-040, s. 2.

2012-09-01

95. An officer who elects the option of reinstatement within the sector shall retain his status of officer for a reinstatement period not exceeding 36 months from the date of elimination of his position or for a period of reinstatement which is staggered in accordance with section 99.

During the reinstatement period, with the authorization of his employer and, where applicable, of the other employer, an officer whose position has been abolished may replace an officer whose position has not been abolished, either with his employer or with another employer. In such a case, the officer whose position has not been abolished and who agrees to replace an officer whose position has been abolished shall benefit from the remaining portion of the reinstatement period.

During the reinstatement period, the employer shall maintain the officer’s salary and, subject to section 34.1, all his terms of employment as an officer, provided the officer does not refuse, without valid reason, to provide the services required by the employer in duties that take into account the officer’s training and experience and his reinstatement plan, if any. A part-time officer shall receive a salary proportional to the hours actually worked in the twelve months preceding the date on which his position is abolished. The salary paid to the officer cannot be less than the salary paid for the regular work load prescribed for his position.

Where an officer’s reinstatement period is totally or partly staggered in accordance with section 99, the officier shall receive, for the overall period, a salary equivalent to a maximum of 36 months of his salary.

During the reinstatement period, the officer shall take the vacation he accumulated during the previous reference period. On the date of the severance of the employment relationship, the original employer shall reimburse to the officer an amount equivalent to the accumulated annual vacation not taken.

During the reinstatement period, the officer shall retain all the benefits of the group insurance plans prescribed in Chapter 4. Any disability period of more that 3 weeks shall be excluded from the reinstatement period.

Any parental leave and leave without pay of an officer being reinstated shall be excluded from the reinstatement period.

Any period during which the services of the officer are loaned to another employer in the public and parapublic sectors shall be excluded from the reinstatement period for a period not exceeding 36 months, for the equivalent in time of the portion of the service loan period that is at the expense of the other employer.

At the end of the reinstatement period, an officer who has not been reinstated shall be laid off by his employer. At the request of the officer, his name shall be entered in the bank of reinstatement officers or on the recall list and he shall remain eligible for selection competitions for the appointment of officers and officers for a period of 24 months.

O.C. 1218-96, s. 95; T.B. 196312, s. 61.