23. From the date determined by order of the Government, every employee who is absent from work or ceases to carry on his ordinary activities contrary to section 2 loses one year of seniority for each day or part of a day during which such absence or cessation continues.
If the number of years or of fractions of years of seniority acquired by an employee pursuant to the collective agreement governing him is smaller than the number of years resulting from the application of the first paragraph, the loss of seniority is equal to the number of years or fractions of years acquired.
The employer shall inform the employee of his loss of seniority within 45 days after his return to work.
An employee is entitled to recognition of the years or fractions of years of seniority he has lost by the effect of the application of this section if he complied with section 2 or he was prevented from complying therewith despite having taken every reasonable means to do so, and his failure to comply with section 2 was not part of any concerted action.
Every person to whom a decision taken by the employer pursuant to this section is referred for arbitration has authority only to confirm or quash it on the sole basis of the fourth paragraph.
The loss of seniority resulting from this section shall not have the effect of requiring any employee of an institution, a regional board, a regional council or the operator of an ambulance service who has completed his probationary period to undergo another probationary period.
1986, c. 74, s. 23; 1988, c. 40, s. 10; 1992, c. 21, s. 185.