Common use of Salary Insurance Plan 5-3 Clause in Contracts

Salary Insurance Plan 5-3. 31 A) Subject to the provisions of the agreement, an employee shall be entitled, for every period of disability during which he or she is absent from work, to: i) up to the lesser of the number of sick-leave days accumulated to his or her credit or of five (5) working days1: the payment of a benefit equal to the salary he or she would have received had he or she been at work; ii) upon termination of the payment of the benefit provided for in paragraph i), if applicable, but in no event before the expiry of a waiting period of five (5) working days1 from the beginning of the period of disability and for a period of up to fifty-two (52) weeks from the beginning of the period of disability: the payment of a benefit equal to eighty-five percent (85%) of his or her salary; iii) upon the expiry of the above-mentioned period of fifty-two (52) weeks and for a further period of up to fifty-two (52) weeks: the payment of a benefit equal to sixty-six and two thirds percent (66 2/3%) of his or her salary. For the purpose of computing the benefits, the employee’s salary is the salary rate he or she would receive if he or she were at work in accordance with Chapter 6-0.00. B) During the disability period, the board and a regular employee who has a full-time position, and who is absent for at least twelve (12) weeks, may agree to a return to work on a gradual basis. The period of disability already begun shall then continue without extending the maximum period of one hundred and four (104) weeks of benefits. In this case: 1) The employee’s request shall include a medical certificate from his or her physician attesting that he or she may return to work on a gradual basis; the board shall forward a copy of the request to the union as soon as it receives it. 2) The medical certificate must not contain any restriction as regards the performance of duties related to the position. 3) The board and the employee shall agree on the period of gradual return to work and its schedule; such period cannot exceed twelve (12) consecutive weeks. 4) The gradual return to work shall apply to the position held by the employee. 5) During the period of gradual return to work, the employee shall be entitled to his or her salary for the proportion of time worked and to the benefit payable to him or her for the proportion of time not worked. 6) At the end of the period of gradual return to work agreed to, the employee shall resume his or her work on a full-time basis.

Salary Insurance Plan 5-3. 31 Aa) Subject to the provisions of the agreementherein, an every employee shall be entitled, for every period of disability during which he or she is absent from work, to: i1) up to the lesser of the number of sick-leave days accumulated to his or her credit or of five seven (57) working days1days: the payment of a benefit equal to the salary he or she would have received had he or she been at work; ii2) upon termination of the payment of the benefit provided for prescribed in paragraph isubparagraph 1), if applicable, but in no event before the expiry of a waiting period of five seven (57) working days1 days from the beginning of the period of disability and for a period of up to fifty-two three (523) weeks months from the beginning expiry of the period of disabilitywaiting period: the payment of a benefit equal to eighty-five eighty percent (8580%) of his the salary he or her salaryshe would have received had he or she been at work; iii3) upon the expiry of the above-mentioned abovementioned period of fifty-two three (523) weeks and for a further period of months up to fiftytwenty-two four (5224) weeksmonths from the beginning of the disability period: the payment of a benefit equal to sixty-six and two thirds seventy percent (66 2/370%) of the salary he or she would have received had he or she been at work; 4) upon the expiry of the abovementioned period of twenty-four (24) months, the employee becomes an insured person under the long-term salary insurance plan and shall be entitled to payment of a benefit equal to seventy percent (70%) of his or her salary until the age of sixty-five (65). An insurer or a government agency shall pay the benefits prescribed in subparagraph 4) of paragraph a) of this clause and the premiums due under the long-term salary insurance plan shall not be payable by the employee, even if he or she is on a leave without salary or on a sabbatical leave with deferred salary, notwithstanding any provision to the contrary in the agreement. For the purpose of computing calculating the benefitsbenefit prescribed in subparagraphs 1), 2) and 3) of paragraph a) of this clause, the employee’s salary is shall be based on the salary rate he or she would receive be receiving if he or she were at work in accordance with the provisions of Chapter 6-0.00. B) During the disability period, the board and a regular employee who has a full-time position, and who is absent for at least twelve (12) weeks, may agree to a return to work on a gradual basis. The period of disability already begun shall then continue without extending the maximum period of one hundred and four (104) weeks of benefits. In this case: 1) The employee’s request shall include a medical certificate from his or her physician attesting that he or she may return to work on a gradual basis; the board shall forward a copy of the request to the union as soon as it receives it. 2) The medical certificate must not contain any restriction as regards the performance of duties related to the position. 3) The board and the employee shall agree on the period of gradual return to work and its schedule; such period cannot exceed twelve (12) consecutive weeks. 4) The gradual return to work shall apply to the position held by the employee. 5) During the period of gradual return to work, the employee shall be entitled to his or her salary for the proportion of time worked and to the benefit payable to him or her for the proportion of time not worked. 6) At the end of the period prescribed in subparagraph 3) of gradual return to work agreed toparagraph a) of this clause, the employee salary applicable for the purpose of establishing the benefit prescribed in subparagraph 4) of paragraph a) of this clause is that prescribed in clause 1-2.31 of the agreement. The benefit shall resume his or her work be indexed, where applicable, on January 1 of each year according to the indexation rate determined under the Act respecting the Québec Pension Plan (CQLR, chapter R-9) to a full-time basismaximum of five percent (5%).

Salary Insurance Plan 5-3. 3134 A) Subject to the provisions of the agreementherein, an every employee shall be entitled, for every period of disability during which he or she is absent from work, to: ia) up to the lesser of the number of sick-leave days accumulated to his or her credit or of five seven (57) working days1days: the payment of a benefit equal to the salary he or she would have received had he or she been at work; iib) upon termination of the payment of the benefit provided for prescribed in paragraph isubparagraph a), if where applicable, but in no event before the expiry of a waiting period of five seven (57) working days1 days from the beginning of the period of disability and for a period of up to fifty-two three (523) weeks months from the beginning expiry of the period of disabilitywaiting period: the payment of a benefit equal to eighty-five eighty percent (8580%) of his the salary he or her salaryshe would have received had he or she been at work; iiic) upon the expiry of the above-mentioned abovementioned period of fifty-two three (523) weeks and for a further period of months up to fiftytwenty-two four (5224) weeksmonths from the beginning of the disability period: the payment of a benefit equal to sixty-six and two thirds seventy percent (66 2/370%) of the salary he or she would have received had he or she been at work; d) upon the expiry of the abovementioned period of twenty-four (24) months, the employee becomes an insured person under the long-term salary insurance plan and shall be entitled to the payment of a benefit equal to seventy percent (70%) of his or her salarysalary until the age of sixty-five (65). An insurer or a government agency shall pay the benefits prescribed in subparagraph d) of paragraph A) of this clause and the premiums due under the long-term salary insurance plan shall not be payable by the employee, even when he or she is on an unpaid leave, notwithstanding any provision to the contrary in the agreement. For the purpose of computing calculating the benefitsbenefit prescribed in subparagraphs a), the b) and c) of paragraph A) of this clause, an employee’s salary is the salary rate he or she would receive be receiving if he or she were at work including the premiums for regional disparities (isolation, remoteness, retention) in accordance with the provisions of Chapter 6-0.00. However, in the case of an employee working in a day care service, the salary rate is replaced by the average basic weekly salary of the last twenty (20) weeks preceding the disability, excluding any layoff. At the end of the period prescribed in subparagraph c) of paragraph A) of this clause, the salary applicable for the purpose of establishing the benefit prescribed in subparagraph d) of paragraph A) of this clause is that prescribed in clause 1-2.34 of the agreement. The benefit shall be indexed, where applicable, on January 1 of each year, according to the indexation rate determined under the Act respecting the Québec Pension Plan (CQLR, chapter R-9) to a maximum of five percent (5%). The waiting period of an employee who holds a part-time position shall be calculated on the basis of his or her working days only, without extending the maximum period of twenty-four (24) months of benefits. B) During the Du ret ring a disability period, the board and a regular employee who has a full-time positionemployee, and who is absent for at least twelve (12) weeksweeks1, may agree to a return urn to work on a gradual basis. The period of disability already begun shall then continue without extending basis with the maximum period of one hundred and four (104) weeks of benefitsboard’s consent. In this case: 1a) The employee’s request shall include a medical certificate from his or her physician attesting that he or she may return to work on a gradual basis; the board shall forward a copy of the request to the union as soon as it receives it. 2) The medical certificate must not contain any restriction as regards the performance of duties related to the position. 3b) The board and the employee employee, accompanied, if he or she so desires, by his or her union delegate or representative, shall agree on the period of gradual return to work and its schedule; such the period of gradual return to work cannot exceed twelve (12) consecutive weeks. 4c) During that period, the employee is still considered on a disability leave, even if he or she is working. d) While at work, the employee must be able to perform all of his or her usual duties and functions. e) The period of gradual return to work shall apply must be immediately followed by a return to work for the position held by duration of the employee’s regular workweek. 5f) The preceding provisions shall not have the effect of extending the maximum number of weeks entitling him or her to salary insurance benefits. During the period of gradual return to work, the employee shall be entitled to his or her salary for in proportion to the proportion of time worked and to the benefit payable to him or her for the proportion of time not worked. 6) At . The proportions shall be calculated on the end basis of the employee’s regular workweek. 1 In exceptional cases, the board and the employee may agree on a gradual return to work prior to the thirteenth (13th) week. If, upon the expiry of the period initially set for the gradual return to work, the employee is unable to return to work for the duration of his or her regular workweek, the board and the employee may agree on another period of gradual return to work agreed towork, while complying with the other conditions prescribed in this clause. Failing agreement, the employee shall resume his or her work permanently for the duration of his or her regular workweek or continue his or her disability period. A disabled employee who is receiving salary insurance benefits on a full-time basisthe date of the coming into force of the agreement may benefit from the provisions regarding gradual return to work.

Salary Insurance Plan 5-3. 3134 A) Subject to the provisions of the agreementherein, an every employee shall be entitled, for every period of disability during which he or she is absent from work, to: ia) up to the lesser of the number of sick-leave days accumulated to his or her credit or of five seven (57) working days1days: the payment of a benefit equal to the salary he or she would have received had he or she been at work; iib) upon termination of the payment of the benefit provided for prescribed in paragraph isubparagraph a), if where applicable, but in no event before the expiry of a waiting period of five seven (57) working days1 days from the beginning of the period of disability and for a period of up to fifty-two three (523) weeks months from the beginning expiry of the period of disabilitywaiting period: the payment of a benefit equal to eighty-five eighty percent (8580%) of his the salary he or her salaryshe would have received had he or she been at work; iiic) upon the expiry of the above-mentioned abovementioned period of fifty-two three (523) weeks and for a further period of months up to fiftytwenty-two four (5224) weeksmonths from the beginning of the disability period: the payment of a benefit equal to sixty-six and two thirds seventy percent (66 2/370%) of the salary he or she would have received had he or she been at work; d) upon the expiry of the abovementioned period of twenty-four (24) months, the employee becomes an insured person under the long-term salary insurance plan and shall be entitled to the payment of a benefit equal to seventy percent (70%) of his or her salarysalary until the age of sixty-five (65). An insurer or a government agency shall pay the benefits prescribed in subparagraph d) of paragraph A) of this clause and the premiums due under the long-term salary insurance plan shall not be payable by the employee, even when he or she is on an unpaid leave, notwithstanding any provision to the contrary in the agreement. For the purpose of computing calculating the benefitsbenefit prescribed in subparagraphs a), the b) and c) of paragraph A) of this clause, an employee’s salary is the salary rate he or she would receive be receiving if he or she were at work including the premiums for regional disparities (isolation, remoteness, retention) in accordance with the provisions of Chapter 6-0.00. However, in the case of an employee working in a day care service, the salary rate is replaced by the average basic weekly salary of the last twenty (20) weeks preceding the disability, excluding any layoff. At the end of the period prescribed in subparagraph c) of paragraph A) of this clause, the salary applicable for the purpose of establishing the benefit prescribed in subparagraph d) of paragraph A) of this clause is that prescribed in clause 1-2.34 of the agreement. The benefit shall be indexed, where applicable, on January 1 of each year, according to the indexation rate determined under the Act respecting the Québec Pension Plan (CQLR, chapter R-9) to a maximum of five percent (5%). The waiting period of an employee who holds a part-time position shall be calculated on the basis of his or her working days only, without extending the maximum period of twenty-four (24) months of benefits. B) During the a disability period, the board and a regular employee who has a full-time positionemployee, and who is absent for at least twelve (12) weeksweeks1, may agree to a return to work on a gradual basis. The period of disability already begun shall then continue without extending basis with the maximum period of one hundred and four (104) weeks of benefitsboard’s consent. In this case: 1a) The employee’s request shall include a medical certificate from his or her physician attesting that he or she may return to work on a gradual basis; the board shall forward a copy of the request to the union as soon as it receives it. 2) The medical certificate must not contain any restriction as regards the performance of duties related to the position. 3b) The board and the employee employee, accompanied, if he or she so desires, by his or her union delegate or representative, shall agree on the period of gradual return to work and its schedule; such the period of gradual return to work cannot exceed twelve (12) consecutive weeks. 4c) During that period, the employee is still considered on a disability leave, even if he or she is working. d) While at work, the employee must be able to perform all of his or her usual duties and functions. e) The period of gradual return to work shall apply must be immediately followed by a return to work for the position held by duration of the employee’s regular workweek. 5f) The preceding provisions shall not have the effect of extending the maximum number of weeks entitling him or her to salary insurance benefits. During the period of gradual return to work, the employee shall be entitled to his or her salary for in proportion to the proportion of time worked and to the benefit payable to him or her for the proportion of time not worked. 6) At . The proportions shall be calculated on the end basis of the employee’s regular workweek. 1 In exceptional cases, the board and the employee may agree on a gradual return to work prior to the thirteenth (13th) week. If, upon the expiry of the period initially set for the gradual return to work, the employee is unable to return to work for the duration of his or her regular workweek, the board and the employee may agree on another period of gradual return to work agreed towork, while complying with the other conditions prescribed in this clause. Failing agreement, the employee shall resume his or her work permanently for the duration of his or her regular workweek or continue his or her disability period. A disabled employee who is receiving salary insurance benefits on a full-time basisthe date of the coming into force of the agreement may benefit from the provisions regarding gradual return to work.