180. The employer shall pay the worker who performs the work he temporarily assigns to him the salary or wages and benefits attaching to his employment and to which he would have been entitled if he had continued to carry on that employment.
Where the employer assigns work to the worker involving a number of hours that is less than the number usually performed for his employment, the employer shall indicate on the temporary assignment form which option he chooses, from among the following, for the payment of salary or wages to the worker:(1) the same salary or wages and the same benefits as those provided for in the first paragraph; or
(2) the salary or wages and benefits provided for in the first paragraph, but only for the working hours the temporary assignment involves.
The employer may apply to the Commission in writing to have it modify the option chosen under the second paragraph. However, the employer may avail itself of that possibility only once for the same temporary assignment. Such a modification takes effect on the date of the application.
Where the employer chooses the option set out in subparagraph 1 of the second paragraph, he may, within 90 days after the end of a pay period, send the Commission a statement of the number of hours worked by the worker in order to obtain a reimbursement corresponding to the net salary or wages paid for the hours paid but not worked, up to the amount of the income replacement indemnity to which the worker would have been entitled but for the assignment. That amount constitutes an income replacement indemnity to which the worker is entitled or a rehabilitation benefit if it is paid under section 167.2.
Where the employer chooses the option set out in subparagraph 2 of the second paragraph, the Commission shall pay the worker an income replacement indemnity to make up the difference between the amount of the income replacement indemnity to which the worker would have been entitled but for the assignment and the net salary or wages paid by the employer for that work. If that amount is paid under section 167.2, it constitutes a rehabilitation benefit.
For the purposes of this section, the net salary or wages paid to the worker is equal to the gross salary or wages paid to him less the deductions provided for in subparagraphs 1 to 4 of the first paragraph of section 62 and the other mandatory deductions, including the deductions provided for in a contract of employment or a collective agreement.
The time limit prescribed in the fourth paragraph may be extended only if the employer proves that it was impossible for him to act.
1985, c. 6, s. 180; 2021, c. 272021, c. 27, s. 471.