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 98 Disposition versions

2012-09-01

98. A senior administrator who elects the option of reinstatement within the sector shall have the status of senior managerial advisor for a maximum duration of 36 months from the date of elimination of his position.

Subject to section 46.1, the employer shall maintain all the terms of employment of the senior administrator during the reinstatement period, provided that the senior administrator does not refuse, without valid reason, to provide the services required by the employer in duties that take into account the senior administrator’s training and experience and his reinstatement plan, if any.

During the reinstatement period, the senior administrator 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 senior administrator an amount equivalent to the accumulated annual vacation not taken.

During the reinstatement period, the senior administrator shall retain all 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.

Leaves under the Parental Rights Plan provided for in Chapter 4.1 are excluded from the reinstatement period.

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

Any period where the services of the senior administrator are loaned to another employer in the public or parapublic sector at the expense of this other employer 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 that is at the expense of this other employer.

Notwithstanding section 4, for the purposes of the eighth paragraph the term “employer” includes the employers referred to in section 87.30 and the second paragraph of section 118.

O.C. 1217-96, s. 98; T.B. 196313, s. 56; M.O. 2011-007, s. 12; M.O. 2011-018, s. 8.