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 87.18 Disposition versions

2017-03-29

87.18. In the cases provided for by sections 87.14, 87.16 and 87.17:

(1)  no compensation may be paid during a vacation period during which a senior administrator receives her salary;

(2)  unless the salary is paid on a weekly basis, the allowance shall be paid at 2-week intervals, the first payment being due, in the case of a senior administrator eligible for benefits under the Québec Parental Insurance Plan or the Employment Insurance Plan, only 15 days after the employer obtains proof that she is receiving benefits under one of those plans. For the purposes of this paragraph, a statement of benefits, a payment stub or information provided, by means of an official statement, by the Ministère du Travail, de l’Emploi et de la Solidarité sociale or by Employment and Social Development Canada (ESDC) shall be accepted as proof;

(3)  service shall be calculated with all employers of the public and parapublic sectors (public service, education, health and social services), health and social service agencies, all agencies for which, by law, the employees’ employment conditions or standards and scales of remuneration are determined or approved by the government, the Office franco-québécois pour la jeunesse, the Société de gestion du réseau informatique des commissions scolaires (GRICS) or any other agency listed in Schedule C of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2).

Moreover, the requirement of 20 weeks of service under sections 87.14, 87.16 and 87.17 is deemed to have been met, if the senior administrator has satisfied this requirement with any employer mentioned in this paragraph;

(4)  the weekly salary of a part-time senior administrator is the average weekly salary of the last 20 weeks preceding her maternity leave.

If, during that period, a senior administrator received benefits established at a certain percentage of her regular salary, it shall be understood that, for the purpose of calculating her salary during her maternity leave, the salary referred to is that on the basis of which such benefits are determined.

Moreover, any period during which a senior administrator on special leave as provided for in section 87.25 did not receive an indemnity from the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), as well as the weeks during which the senior administrator was on annual leave or was absent without pay in accordance with the Regulation, are excluded for the purpose of calculating the average weekly salary.

If the period of 20 weeks preceding a part-time senior administrator’s maternity leave includes the date on which salaries are adjusted, the calculation of the weekly salary shall be made on the basis of the salary in force on that date. Moreover, if the maternity leave includes the date on which salaries are adjusted, the weekly salary shall change on that date in accordance with the adjustment formula applicable to her salary class.

The provisions of this paragraph constitute one of the express provisions covered by section 87.2.

T.B. 193820, s. 6; M.O. 2011-018, s. 7; M.O. 2017-005, ss. 5 and 12.

2016-01-01

87.18. In the cases provided for by sections 87.14, 87.16 and 87.17:

(1)  no compensation may be paid during a vacation period during which a senior administrator receives her salary;

(2)  unless the salary is paid on a weekly basis, the allowance shall be paid at 2-week intervals, the first payment being due, in the case of a senior administrator eligible for benefits under the Québec Parental Insurance Plan or the Employment Insurance Plan, only 15 days after the employer obtains proof that she is receiving benefits under one of those plans. For the purposes of this paragraph, a statement of benefits, a payment stub or information provided, by means of an official statement, by the Ministry of Employment and Social Solidarity or by Human Resources and Skills Development Canada (HRSDC) shall be accepted as proof;

(3)  service shall be calculated with all employers of the public and parapublic sectors (public service, education, health and social services), health and social service agencies, all agencies for which, by law, the employees’ employment conditions or standards and scales of remuneration are determined or approved by the government, the Office franco-québécois pour la jeunesse, the Société de gestion du réseau informatique des commissions scolaires (GRICS) or any other agency listed in Schedule C of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2).

Moreover, the requirement of 20 weeks of service under sections 87.14, 87.16 and 87.17 is deemed to have been met, if the senior administrator has satisfied this requirement with any employer mentioned in this paragraph;

(4)  the weekly salary of a part-time senior administrator is the average weekly salary of the last 20 weeks preceding her maternity leave.

If, during that period, a senior administrator received benefits established at a certain percentage of her regular salary, it shall be understood that, for the purpose of calculating her salary during her maternity leave, the salary referred to is that on the basis of which such benefits are determined.

Moreover, any period during which a senior administrator on special leave as provided for in section 87.25 did not receive an indemnity from the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), as well as the weeks during which the senior administrator was on annual leave or was absent without pay in accordance with the Regulation, are excluded for the purpose of calculating the average weekly salary.

If the period of 20 weeks preceding a part-time senior administrator’s maternity leave includes the date on which salaries are adjusted, the calculation of the weekly salary shall be made on the basis of the salary in force on that date. Moreover, if the maternity leave includes the date on which salaries are adjusted, the weekly salary shall change on that date in accordance with the adjustment formula applicable to her salary class.

The provisions of this paragraph constitute one of the express provisions covered by section 87.2.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.

2012-09-01

87.18. In the cases provided for by sections 87.14, 87.16 and 87.17:

(1)  no compensation may be paid during a vacation period during which a senior administrator receives her salary;

(2)  unless the salary is paid on a weekly basis, the allowance shall be paid at 2-week intervals, the first payment being due, in the case of a senior administrator eligible for benefits under the Québec Parental Insurance Plan or the Employment Insurance Plan, only 15 days after the employer obtains proof that she is receiving benefits under one of those plans. For the purposes of this paragraph, a statement of benefits, a payment stub or information provided, by means of an official statement, by the Ministry of Employment and Social Solidarity or by Human Resources and Skills Development Canada (HRSDC) shall be accepted as proof;

(3)  service shall be calculated with all employers of the public and parapublic sectors (public service, education, health and social services), health and social service agencies, all agencies for which, by law, the employees’ employment conditions or standards and scales of remuneration are determined or approved by the government, the Office franco-québécois pour la jeunesse, the Société de gestion du réseau informatique des commissions scolaires (GRICS) or any other agency listed in Schedule C of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2).

Moreover, the requirement of 20 weeks of service under sections 87.14, 87.16 and 87.17 is deemed to have been met, if the senior administrator has satisfied this requirement with any employer mentioned in this paragraph;

(4)  the weekly salary of a part-time senior administrator is the average weekly salary of the last 20 weeks preceding her maternity leave.

If, during that period, a senior administrator received benefits established at a certain percentage of her regular salary, it shall be understood that, for the purpose of calculating her salary during her maternity leave, the salary referred to is that on the basis of which such benefits are determined.

Moreover, any period during which a senior administrator on special leave as provided for in section 87.25 did not receive an indemnity from the Commission de la santé et de la sécurité du travail, as well as the weeks during which the senior administrator was on annual leave or was absent without pay in accordance with the Regulation, are excluded for the purpose of calculating the average weekly salary.

If the period of 20 weeks preceding a part-time senior administrator’s maternity leave includes the date on which salaries are adjusted, the calculation of the weekly salary shall be made on the basis of the salary in force on that date. Moreover, if the maternity leave includes the date on which salaries are adjusted, the weekly salary shall change on that date in accordance with the adjustment formula applicable to her salary class.

The provisions of this paragraph constitute one of the express provisions covered by section 87.2.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.