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

Section 104.1 Disposition versions

2012-09-01

104.1. An officer whose salary is reduced following reinstatement in a position in a lower salary class or with a lower salary scale, with no reduction in his weekly work load, shall receive the full difference between the salary he was receiving on the date of reinstatement and the salary paid to him in his new position, in the form of lump sum payments, up to the end of the 3-year period following the date on which his position was eliminated. If the officer’s reinstatement period is interrupted by disability, a service loan, parental leave, leave without pay or a trial period following reinstatement, as provided for in sections 95 and 100, and the staggered reinstatement period provided for in section 99, the end of the 3-year period following the date on which his position is eliminated shall be postponed accordingly, up to a maximum of six years after the date of elimination of the position. However, in the case of a disabled officer, the end of the period shall be postponed by a period equal to the period of disability.

During the period contemplated in the first paragraph, the total of the officer’s salary and lump sum payment shall not be less than the salary he would have received if he had remained in the reinstated position. For the first year following that period, the lump sum paid to the reinstated officer shall equal two-thirds of the difference between the salary he would have received at the end of the 3-year period had he not been reinstated, and the salary for the position in which he was reinstated. The same applies for the second year following the 3-year period, except that the lump sum shall equal one-third of the difference.

T.B. 196312, s. 65.