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 87.16 Disposition versions

2017-03-29

87.16. A senior administrator who has accumulated 20 weeks of service and who is eligible for the Employment Insurance Plan but who is not eligible for the Québec Parental Insurance Plan is entitled to receive, during the 20 weeks of her maternity leave, an allowance calculated as follows:

(1)  for each week of the waiting period prescribed under the Employment Insurance Plan, an allowance calculated by adding

(a)  the amount representing 100% of the senior administrator’s weekly salary up to $225; and

(b)  the amount representing 88% of the difference between the senior administrator’s weekly salary and the amount established in subparagraph a;

(2)  for each week following the weeks mentioned in subparagraph 1, an allowance calculated using the following formula:

(a)  by adding

i.  the amount representing 100% of the senior administrator’s weekly salary up to $225; and

ii.  the amount representing 88% of the difference between the senior administrator’s weekly salary and the amount established in subparagraph i; and

(b)  by subtracting from that sum the amount of maternity or parental benefits she receives under the Employment Insurance Plan or would receive after submitting an application for benefits.

The allowance is calculated on the basis of the employment insurance benefits that a senior administrator is entitled to receive, without taking into account the amounts subtracted from those benefits for repayment of benefits, interest, penalties and other amounts recoverable under the Employment Insurance Plan.

However, if a change is made to the amount of the benefit paid under the Employment Insurance Plan as the result of a change in the information provided by the employer, the employer shall correct the amount of the allowance accordingly.

A senior administrator who works for more than one employer shall receive an allowance from each of her employers. In such a case, the allowance is equal to the difference between the amount in subparagraph a of subparagraph 2 of the first paragraph and the amount of the Employment Insurance Plan that represents the weekly salary that it pays proportionate to the weekly salaries paid by all the employers. For that purpose, the senior administrator shall submit to each of her employers a statement of the weekly salary paid by each employer, together with the amount of the benefits payable to her under the Employment Insurance Act (S.C. 1996, c. 23). 

Moreover, if Employment and Social Development Canada (ESDC) reduces the number of weeks of employment insurance benefits to which a senior administrator would have otherwise been entitled had she not received employment insurance benefits before her maternity leave, the senior administrator shall continue to receive, for a period equivalent to the weeks subtracted by ESDC, the allowance provided for in subparagraph 2 of the first paragraph as if she had received employment insurance benefits during that period.

Section 87.15 applies, with the necessary modifications.

T.B. 193820, s. 6; M.O. 2011-018, s. 7; M.O. 2017-005, ss. 5 and 10.

2012-09-01

87.16. A senior administrator who has accumulated 20 weeks of service and who is eligible for the Employment Insurance Plan but is not eligible for the Québec Parental Insurance Plan is entitled to receive:

(1)  for each week of the waiting period prescribed under the Employment Insurance Plan, an allowance equal to 93% of her weekly salary;

(2)  for each week following the period mentioned in paragraph 1, compensation equal to the difference between 93% of her weekly salary and the maternity or parental benefit under the Employment Insurance Plan that she receives or could receive after submitting an application for benefits, up to the end of the 20th week of her maternity leave.

The allowance is calculated on the basis of the employment insurance benefits that a senior administrator is entitled to receive, without taking into account the amounts subtracted from those benefits for repayment of benefits, interest, penalties and other amounts recoverable under the Employment Insurance Plan.

However, if a change is made to the amount of the benefit paid under the Employment Insurance Plan as the result of a change in the information provided by the employer, the employer shall correct the amount of the allowance accordingly.

A senior administrator who works for more than one employer shall receive an allowance from each of her employers. In such a case, the allowance is equal to the difference between 93% of the weekly salary paid by the employer and the percentage of the employment insurance benefit that represents the weekly salary that it pays proportionate to the weekly salaries paid by all the employers. For that purpose, the senior administrator shall submit to each of her employers a statement of the weekly salary paid by each employer, along with the amount of the benefits payable to her under the Employment Insurance Act (chapter A-29.011).

Moreover, if Human Resources and Skills Development Canada (HRSDC) reduces the number of weeks of employment insurance benefits to which a senior administrator would have otherwise been entitled had she not received employment insurance benefits before her maternity leave, the senior administrator shall continue to receive, for a period equivalent to the weeks subtracted by HRSDC, the allowance provided for in this paragraph as if she had received employment insurance benefits during that period.

Section 87.15 applies, with the necessary modifications.

T.B. 193820, s. 6; M.O. 2011-018, s. 7.