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

Section 30 Disposition versions

2012-09-01

30. In this chapter, unless the context indicates otherwise:

“benefits” means the benefits that an officer receives as short-term salary insurance or the benefits he would have received had he been eligible to the mandatory basic long-term salary insurance plan; (prestation)

“date of taking over duties” means the date on which a person is appointed to a position of officer; (date de l’entrée en fonction)

“disability” means the following: For the purposes of the short-term salary insurance plan, disability means a state of incapacity resulting from an illness, an accident, an organ or bone marrow donation without compensation, or serious complications of pregnancy of surgery related to birth planning requiring medical treatment and making the officer totally incapable of carrying out the normal tasks of his employment or of any other employment with similar remuneration that is offered to the officer by the employer. For the purposes of the long-term salary insurance plan, disability corresponds to the definition of total disability provided for in the management employees group insurance plans master policy; (invalidité)

“disability period” means the following: For the purposes of the short-term salary insurance plan, disability period means a continuous period of disability or successive periods of disability resulting from a single illness or accident, separated by less than 15 working days actually worked full-time or part-time according to the officer’s position. Annual vacations, statutory holidays, leaves without pay, parental leaves or any other absence, paid or not, are not included in the calculation of the 15 working days. A subsequent disability period which the officer declares to be due to an illness or accident which is totally unrelated to the previous disability is deemed to be a different disability period. A disability period resulting from an illness or injury caused voluntarily by the officer himself, from alcoholism or drug addiction, from service in the armed forces or from active participation in a riot, insurrection, violation or criminal action is not deemed to be a disability period. However, in the case of alcoholism or drug addiction, the period during which the officer receives medical care or treatment in view of his rehabilitation is deemed to be a disability period. For the purposes of the long-term salary insurance plan, disability period corresponds to the definition provided for in the management employees group insurance plans master policy; (période d’invalidité)

“insurer” means an insurance company having concluded a contract with the Québec Government for the purposes of insuring management employees in the public and parapublic sectors; (assureur)

“position” means a position that the officer is deemed reasonably able to hold based on his education, training and experience; this position may be the position he held before his disability, an officer position, or a position equivalent to the one he held before his appointment to a position of officer, unionizable non-member or union member; (poste)

“salary” means an officer’s regular salary or the salary to which the officer is entitled during a period of disability covered by the short-term salary insurance plan prescribed by Division 5 of this chapter, including:

(1)  remuneration paid for annual vacations, floating holidays and statutory holidays;

(2)  the lump sum resulting from the application of sections 17, 20 and 21 and sections 104.1 to 104.3;

(3)  the lump sum paid in the case of plurality of positions in accordance with section 22 and allowances for regional disparities paid in accordance with section 29.

O.C. 1218-96, s. 30; T.B. 196312, s. 28; M.O. 2011-019, s. 19.