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

Section 94 Disposition versions

2015-03-23

94. If an officer cannot be reinstated during that period, the employer shall notify him in writing of the elimination of his position. The notice shall be received by the officer at least 30 days before the date on which the position is eliminated. A copy of the notice shall be sent to the agency and the concerned officers’ association, if any.

Upon receiving the notice, the officer shall choose in writing, before the date of elimination of his position, one of the 2 following options:

(1)  reinstatement within the sector as prescribed in Division 5 of this Chapter;

(2)  departure from the sector as prescribed in Division 6 of this Chapter.

The officer’s choice shall take effect from the date of elimination of his position.

An officer who has failed to communicate his choice to his employer by the date on which his position is eliminated is deemed to have chosen reinstatement in the sector.

The employer shall inform the agency concerned of the choice made by the officer in accordance with the second and fourth paragraphs.

The choice of an officer who is disabled, on parental leave, on leave without pay or on deferred salary leave shall be made and take effect from the date on which the period of disability or leave ends. An officer whose position is eliminated during a period of disability shall continue to receive his salary insurance benefits as long as he is disabled.

The cumulative period during which an officer shall benefit from the employment stability measures referred to in the second paragraph may not exceed 36 months.

O.C. 1218-96, s. 94; T.B. 196312, s. 60; M.O. 2015-003, s. 1; M.O. 2020-040, s. 1.

2012-09-01

94. If an officer cannot be reinstated during that period, the employer shall notify him in writing of the elimination of his position. This notice shall be received by the officer at least 30 days before the date on which the position is eliminated. A copy of the notice shall be sent to the agency and the concerned officers’ association, if any.

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

(1)  reinstatement within the sector as prescribed in Division 5 of this chapter;

(2)  departure from the sector as prescribed in Division 6 of this chapter.

The officer’s choice shall come into force on the date of elimination of his position.

An officer who has failed to communicate his choice to his employer by the date on which his position is eliminated is deemed to have chosen reinstatement in the sector.

The employer shall inform the agency concerned of the choice made by the officer in accordance with the second and fourth paragraphs.

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

O.C. 1218-96, s. 94; T.B. 196312, s. 60.