N-1.1 - Act respecting labour standards

Section 122.2 Disposition versions

2003-05-01

122.2. (Repealed).

1990, c. 73, s. 56; 2002, c. 80, s. 63.

1991-01-01

122.2. No employer or his agent may dismiss, suspend or transfer an employee who has three months of uninterrupted service on the ground that he was absent by reason of illness or accident for a period not exceeding 17 weeks in the preceding 12 months.

Nothing in the first paragraph shall prevent an employer or his agent from dismissing, suspending or transferring an employee if, in the circumstances, the consequences of the illness or accident or the repetitive nature of the absences constitute good and sufficient cause. In addition, at the end of an absence by reason of illness or accident which exceeds four consecutive weeks, the employer may, instead of reinstating the employee in his former position, assign him to comparable employment in the same establishment with a wage equal to or higher than that to which he would have been entitled had he remained at work, and with an equivalent pension and insurance plan, where applicable.

This section does not apply in the case of an industrial accident or occupational disease within the meaning of the Act respecting industrial accidents and occupational diseases (chapter A-3.001).

1990, c. 73, s. 56.