Article 26 - Leave without pay and part-time leave without pay

26.01

The following rules apply to leave without pay of more than thirty (30) days’ duration:

1) Seniority

Employees retain the seniority they have at the time the leave starts except in the following cases:

• employees retain and accumulate seniority during educational leave without pay for studies related to their profession for a maximum of twenty-four (24) months;
• employees retain and accumulate seniority during the first year of leave without pay to teach.

2) Experience

Employees retain the experience acquired at the time the leave starts except in the following cases:

• during leave without pay to teach for a school board, a general and vocational college (CÉGEP) or a university, the time spent with the school board, general and vocational college or university counts as experience for the purposes of salary, up to a maximum of twenty-four (24) months;
• employees accumulate experience for a maximum of twenty-four (24) months during educational leave without pay for studies if the studies are related to the field in which they work, providing they have at least two (2) years of service in the health and social services sector at the time they go on educational leave.

3) Sick leave

When employees terminate their employment or do not return to the Employer when the leave without pay expires, all the sick leave provided under clauses 30.30 and 30.31 may be cashed in at the rate prevailing at the start of their leave without pay and in accordance with the quantum and rules set out in the agreements in force at the time the person’s leave without pay started.

4) Group insurance

During leave without pay, employees are no longer entitled to coverage under the group insurance plan. Upon returning to work, they can be readmitted to the plan. Subject to the provisions of clause 30.16, participation in the basic health insurance plan is mandatory, however, and they must pay the full cost of all the necessary contributions and premiums on their own. Employees can continue to participate in the other insurance plans by paying the full cost of all the necessary contributions and premiums for this on their own, subject to the clauses and stipulations of the insurance policy in effect.

5) Exclusion

Except for the provisions of this clause and the other provisions set out in the matters negotiated locally, during their leave without pay, employees are not entitled to the benefits of the collective agreement in force in the institution, just as if they were not employed by the institution, subject to their right to claim previously acquired benefits.

26.02

Educational leave without pay
An employee who wishes to work part-time during such leave is then deemed to be a part-time employee, subject to 26.01 1).

26.03

Pre-election leave
During pre-election leave, an employee retains all their rights and privileges for a period of thirty (30) days.

26.04

Part-time leave without pay
A full-time employee who takes part-time leave without pay is deemed to be a part-time employee and is governed by the rules on part-time employees for the duration of the part-time leave without pay. The employee continues, however, to accumulate seniority and is entitled to the basic life insurance plan as if they were a full-time employee for a maximum of fifty-two (52) weeks.

26.05

Pension plan
The pension plan of employees on leave without pay is covered by the provisions of the Act respecting the Government and Public Employees Retirement Plan (RREGOP) (CQLR, c. R-10). In the case of part-time leave without pay representing more than twenty per cent (20%) of a full-time position, or leave without pay of more than thirty (30) days’ duration, employees may continue to participate in the pension plan providing that they pay all the required contributions.

26.06

Leave without pay to work in a northern institution
After agreement with their Employer, employees recruited to work in one (1) of the following institutions:

• Côte Nord (09): Centre intégré de santé et de services sociaux de la Côte-Nord – CLSC Naskapi
• Nord-du-Québec (10): Centre régional de santé et de services sociaux de la Baie-James
• Nunavik (17): Tulattavik Health Centre of Ungava – Centre de santé Inuulitsivik
• James Bay Cree Territories (18): Cree Board of Health and Social Services of James Bay

obtain up to twelve (12) months of leave without pay, upon written request made thirty (30) days in advance. After agreement with their original employer, this leave without pay may be extended for one or more periods totalling up to forty-eight (48) months.

26.07

The following rules apply to this leave without pay to work in a northern institution:

• a) Seniority and experience: Seniority and experience acquired by employees during this leave without pay are credited to them upon their return.
• b) Annual vacation leave: The Employer pays employees remuneration corresponding to the number of days of annual vacation leave accumulated up to the date on which they go on leave without pay.
• c) Sick leave: Sick leave accumulated at the time the leave without pay started is credited to the employee and cannot be cashed in, except that which is cashed in annually under the disability insurance plan. If, however, the employee terminates their employment or if, at the end of the leave without pay, they do not return to the Employer, all the sick leave may be cashed in at the rate in force at the time the employee’s leave without pay started, in accordance with the quantum and rules set out in the collective agreement in force at that time.
• d) Pension plan: During leave without pay, an employee’s pension plan is not adversely affected in any way if the employee returns to work within the authorized period.
• e) Group insurance: Employees are no longer entitled to participate in the group insurance plan during their leave without pay. They are nonetheless entitled to participate in the group insurance plan in force in the institution where they work, as of the time they started working there.
• f) Exclusion: During their leave without pay, employees are not entitled to the benefits of the collective agreement in force nor can they acquire or accumulate rights or benefits that may give them a benefit of any kind after they return, except insofar as expressly stipulated in this clause and subject to their right to claim benefits acquired previously.
• g) Return to work: Employees may return to their position with the original employer providing that they notify the Employer in writing at least thirty (30) days in advance. If, however, the position that they held when they went on leave without pay is no longer available, employees must use the bumping and/or layoff procedure set out in Article 14. If they fail to use these provisions when it is possible for them to do so, employees are deemed to have resigned.
• h) Right to apply: Employees may apply for and obtain a position in complying with the provisions of the collective agreement, providing they can begin work within thirty (30) days of being appointed.