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

Section 76.26 Disposition versions

2017-03-29

76.26. An officer may request to be temporarily assigned to another position or to other tasks corresponding to her training or experience in the following cases:

(1)  she is pregnant and the conditions of employment involve risks of infectious diseases or physical danger to her or her unborn child;

(2)  the conditions of employment are dangerous for the child she is breast-feeding.

The officer must submit a medical certificate to that effect as promptly as possible.

If the reassignment is not carried out immediately, the officer is entitled to a special leave beginning immediately. Unless a temporary reassignment is subsequently made terminating the special leave, the special leave ends, for an officer who is pregnant, on the date of delivery and, for an officer who is breast-feeding, at the end of the breast-feeding period.

However, for an officer who is eligible for benefits under the Act respecting parental insurance (chapter A-29.011), the special leave shall end as of the 4th week preceding the expected date of delivery.

During the special leave provided for in this section, the officer shall be governed, in respect of her allowance, by the provisions of the Act respecting occupational health and safety (chapter S-2.1) respecting preventive withdrawal of a pregnant worker or a worker who is breast-feeding.

Following a written request, however, the employer shall pay to the officer an advance on the allowance receivable from the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) on the basis of anticipated payments. If the CNESST pays the allowance, repayment of the advance shall be deducted therefrom. Otherwise, repayment is at the rate of 10% of the amount disbursed per pay period, until the debt is fully paid.

However, should the officer exercise her right to apply for review of the decision of the CNESST or to contest that decision before the Administrative Labour Tribunal, repayment may not be demanded before the administrative review of the decision of the CNESST or, as the case may be, before the decision of the Administrative Labour Tribunal is rendered. 

T.B. 193821, s. 7; M.O. 2011-019, s. 23; M.O. 2017-004, s. 20.

2012-09-01

76.26. An officer may request to be temporarily assigned to another position or to other tasks corresponding to her training or experience in the following cases:

(1)  she is pregnant and the conditions of employment involve risks of infectious diseases or physical danger to her or her unborn child;

(2)  the conditions of employment are dangerous for the child she is breast-feeding.

The officer must submit a medical certificate to that effect as promptly as possible.

If the reassignment is not carried out immediately, the officer is entitled to a special leave beginning immediately. Unless a temporary reassignment is subsequently made terminating the special leave, the special leave ends, for an officer who is pregnant, on the date of delivery and, for an officer who is breast-feeding, at the end of the breast-feeding period.

However, for an officer who is eligible for benefits under the Act respecting parental insurance (chapter A-29.011), the special leave shall end as of the 4th week preceding the expected date of delivery.

During the special leave provided for in this section, the officer shall be governed, in respect of her allowance, by the provisions of the Act respecting occupational health and safety (chapter S-2.1) respecting preventive withdrawal of a pregnant worker or a worker who is breast-feeding.

Following a written request, however, the employer shall pay to the officer an advance on the allowance receivable from the Commission de la santé et de la sécurité du travail on the basis of anticipated payments. If the Commission pays the allowance, repayment of the advance shall be deducted therefrom. Otherwise, repayment is at the rate of 10% of the amount disbursed per pay period, until the debt is fully paid.

T.B. 193821, s. 7; M.O. 2011-019, s. 23.