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

Section 29.0.9.1 Disposition versions

2024-04-03

29.0.9.1. As of 1 April 2022, a senior officer is entitled, subject to the fourth paragraph, to the increased availability allowance referred to in the fifth paragraph, where that office requires the senior officer to be available on an increased basis outside that officer’s regular working hours at a frequency exceeding a period of 28 days, consecutive or nonconsecutive, in the same fiscal year, in order to ensure continuity in the delivery of health services or social services and avoid any break in the continuity of those services.

For the purposes of the first paragraph, a senior officer may be deemed available on an increased basis where one of the following criteria is met:

(1)  certain duties or responsibilities of the senior officer cannot be delegated, in particular pursuant to an Act;

(2)  the number of staff members available in the division or sector to which the senior officer reports is limited or insufficient; or

(3)  an event is likely to place a region or a health and social services institution in the region in a vulnerable position.

When a senior officer is deemed available on an increased basis, that officer must, at all times, be reachable by the employer and able to travel to the place of work rapidly, where applicable.

Where more than one senior officer works in the same division, the increased availability allowance may be granted to only one senior officer for a given period. Moreover, entitlement to the allowance is conditional on the financing granted by the Minister to the employer for that purpose.

The increased availability allowance corresponds to 10% of the senior officer’s salary, for a period not exceeding 8 weeks in the same fiscal year, but that surpasses the 28-day period provided for in the first paragraph.

The increased availability allowance is paid to the senior officer in the form of a lump sum in proportion to the time worked and according to the procedures of the employer’s pay system. A statutory holiday, a flexible leave, an annual leave and a personal leave are considered to be time worked.

The increased availability allowance may be combined with the availability allowance provided for in section 29.0.9.

This section does not apply to an officer physician referred to in section 8.1.

M.O. 2024-007, s. 15.