7.02. Regular A-01 employees accumulate in leave, for an absence due to sickness or accident, equal to 2% of their wages for hours worked, including the compensation for holidays but excluding premiums.
A regular A-01 employee who is absent because of a reason referred to in the first paragraph receives the equivalent in wages of the number of hours scheduled per day of absence up to the reserve accumulated the preceding year. Two days of absence for a reason provided for in section 79.7 or for any other reason provided for in section 79.1 of the Act respecting labour standards (chapter N-1.1) are taken from the amount accumulated in leave.
Despite the second paragraph, a regular A-01 employee must have accumulated the equivalent in wages of a full day for that day to be paid. If that is not the case, the Act respecting labour standards applies to the employee. The same applies to an employee who has not acquired the status of regular A-01.
On 31 October of each year, the employer establishes the dollar amount of the sick leave or accident accumulated the preceding year by each regular A-01 employee and informs each regular A‑01 employee thereof not later than the following 30 November.
To be entitled to the payment of the dollar amount of accumulated leave established by the employer on 31 October of each year, the regular A-01 employee must be in the employ of his or her employer on 31 October, except where there is a change in employer and the regular A-01 employee is hired on the same workplace by the new employer and the employee has performed an average of 30 hours of work between 1 November and the date of the end of employment. In that case, the dollar amount of leave accumulated in the preceding year and in the current year is paid by the former employer at the time of the employee’s departure. A regular A-01 employee who is still in the employ of his or her employer on 31 October is paid the dollar amount of leave accumulated in the preceding year not later than the following 10 December.
R.R.Q., 1981, c. D-2, r. 1, s. 7.02; O.C. 441-84, s. 16; O.C. 16-86, s. 7; O.C. 93-90, s. 28; O.C. 768-92, s. 1; O.C. 1247-94, s. 16; O.C. 1105-95, s. 8; O.C. 1566-98, s. 14; O.C. 799-2003, s. 16; 1165-2019O.C. 1165-2019, s. 111.