Common use of Special Pregnancy and Breastfeeding Leaves Temporary Assignment and Special Leave Clause in Contracts

Special Pregnancy and Breastfeeding Leaves Temporary Assignment and Special Leave. 5-4.22 An employee may request a temporary assignment to another position, permanently or temporarily vacant, in the same class of employment or, with her consent and subject to the provisions of the agreement, in another class of employment, in the following cases: a) she is pregnant and her working conditions involve risks of infectious disease or physical danger for her or her unborn child; b) her working conditions involve risks for the child whom she is breastfeeding; c) she works regularly at a cathode-ray screen. The employee must submit a medical certificate to that effect as soon as possible. The board, upon receiving a request for a preventive reassignment, shall inform the union immediately of the employee’s name and the reasons supporting the request for preventive reassignment. An employee assigned to another position shall retain the rights and benefits of her regular position. If the employee is not assigned immediately, she shall be entitled to special leave beginning immediately. Unless a temporary assignment occurs subsequently to put an end to the special leave, the special leave shall end, for the pregnant employee, on the date of delivery and, for the employee who is breastfeeding, at the end of the period of breastfeeding. However, for employees eligible for benefits payable under the Act respecting parental insurance (R.S.Q., c. A-29.011), the special leave shall end the fourth (4th) week prior to the expected date of delivery. During the special leave prescribed in this clause, compensation is governed by the provisions of the Act respecting occupational health and safety (R.S.Q., c. S-2.1) concerning preventive reassignment of the pregnant employee or the employee who is breastfeeding. However, upon a written request to that effect, the board shall pay the employee an advance on the forthcoming compensation, based on the payments that may be anticipated. If the Commission de la santé et de la sécurité du travail (CSST) pays the anticipated compensation, the reimbursement shall be made from that amount. If not, the reimbursement shall be made in accordance with the provisions of the agreement until the debt is fully paid. However, if the employee exercises her right to apply for a review of the CSST decision or to contest the decision before the Commission des lésions professionnelles (CLP), reimbursement shall be payable only once the administrative review decision of the CSST or that of the Commission des lésions professionnelles, as the case may be, is rendered. The employee who works regularly at a cathode-ray screen may request that her working time on the cathode-ray screen be reduced. The board must study the possibility of temporarily changing the duties, without losing any rights, of the employee working at a cathode-ray screen so as to reduce her working time at the cathode-ray screen to a maximum of two (2) hours per half day. If changes are possible, the board shall then assign her to other duties she is reasonably capable of performing for the remainder of her working time. An employee shall also be entitled to a special leave in the following cases: a) when a complication in the pregnancy or a risk of miscarriage requires a work stoppage for a period prescribed by a medical certificate; the special leave may not extend beyond the beginning of the fourth (4th) week before the expected date of delivery; b) upon presentation of a medical certificate prescribing the duration when a natural or induced miscarriage occurs before the beginning of the twentieth (20th) week prior to the expected date of delivery; c) for medical visits related to the pregnancy carried out by a health professional and attested to by a medical certificate or a written report signed by a midwife.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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Special Pregnancy and Breastfeeding Leaves Temporary Assignment and Special Leave. 5-4.22 An employee may request a temporary assignment to another position, permanently or temporarily vacant, in the same class of employment or, with her consent and subject to the provisions of the agreement, in another class of employment, in the following cases:4.22 a) she is pregnant and her working conditions involve risks of infectious disease diseases or physical danger dangers for her or her unborn child; b) her working conditions involve risks dangers for the child whom she is breastfeeding; c) she works regularly at a cathode-ray screen. The employee must submit a medical certificate to that effect as soon as possible. The board, upon receiving When the board receives a request for a preventive reassignment, it shall immediately inform the union immediately of the employee’s name of the employee and the reasons supporting the request for preventive reassignment. An employee assigned to another position shall retain the rights and benefits of related to her regular position. If she is not immediately reassigned, the employee is not assigned immediately, she shall be entitled to special leave beginning immediately. Unless a temporary assignment occurs subsequently to put an end to the special leave, the special leave shall endends, for the pregnant employeean employee who is pregnant, on the date of delivery and, for the an employee who is breastfeeding, at the end of the period of breastfeeding. However, for employees eligible for benefits payable under the Act respecting parental insurance (R.S.Q., c. A-29.011)insurance, the special leave shall end the fourth (4th) week prior to the expected date of delivery. This assignment occurs prior to the application of the sequences for filling temporarily vacant positions provided in clause 7-1.19, except for paragraphs A) and B), clause 7-1.37, except for paragraphs A) and B), clause 7-1.45, except for paragraphs A) and B) and the application of the priority for filling those positions granted to the employee laid off temporarily or periodically under clause 7-2.04. During the special leave prescribed in this clause, compensation is governed by the provisions of the Act respecting occupational health and safety (R.S.Q., c. S-2.1) concerning preventive reassignment of the pregnant employee or the employee who is breastfeedingbreastfeeding employees. However, upon a written request to that effect, the board shall pay the employee an advance on the forthcoming compensationallowance receivable, based calculated on the basis of payments that may be anticipated. If the Commission de la santé et de la sécurité du travail (CSST) pays the anticipated compensationallowance, the reimbursement shall be made deducted from that amount. If not, the reimbursement shall be made in accordance with the provisions of the agreement under clause 6-6.03 until the debt is fully paid. However, if the employee exercises her the right to apply for a review of the CSST decision or to contest the decision before the Commission des lésions professionnelles (CLP)professionnelles, reimbursement shall may not be payable only once claimed before the administrative review decision of the CSST or that or, where applicable, the decision of the Commission des lésions professionnellesprofessionnelles has been made. In addition to the preceding provisions, as at the case may beemployee's request, is rendered. The employee who works regularly at a cathode-ray screen may request that her working time on the cathode-ray screen be reduced. The board must study the possibility of temporarily changing the duties, without losing any rights, of the employee working at with a cathode-ray screen so as to reduce her working time at the cathode-ray screen to a maximum of two (2) hours per half day. If changes are possible, the board shall then assign (1/2) day and of assigning her to other duties she is reasonably capable of performing for the remainder of her working time. An employee shall is also be entitled to a special leave in the following cases: a) when a complication in the pregnancy or a risk of miscarriage requires a work stoppage for a period prescribed by a medical certificate; the special leave may not extend be extended beyond the beginning of the fourth (4th) week before the expected date of delivery; b) upon presentation of a medical certificate prescribing the duration when a natural or induced miscarriage occurs before the beginning of the twentieth (20th) week prior to preceding the expected date of delivery; c) for medical visits related to the pregnancy carried out by a health professional and attested to by a medical certificate or a written report signed by a midwife.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Special Pregnancy and Breastfeeding Leaves Temporary Assignment and Special Leave. 5-4.22 An employee may request a temporary assignment to another position, permanently or temporarily vacant, in the same class of employment or, with her consent and subject to the provisions of the agreement, in another class of employment, in the following cases:4.22 a) she is pregnant and her working conditions involve risks of infectious disease diseases or physical danger dangers for her or her unborn child; b) her working conditions involve risks dangers for the child whom she is breastfeeding; c) she works regularly at a cathode-ray screen. The employee bus driver must submit a medical certificate to that effect as soon as possible. The board, upon receiving When the board receives a request for a preventive reassignment, it shall immediately inform the union immediately of the employee’s name of the bus driver and the reasons supporting the request for preventive reassignment. An employee A bus driver assigned to another position shall retain the rights and benefits of related to her regular position. If the employee she is not assigned immediatelyimmediately reassigned, she shall be the bus driver is entitled to special leave beginning immediately. Unless a temporary assignment occurs subsequently to put an end to the special leave, the special leave shall endends, for the pregnant employeea bus driver who is pregnant, on the date of delivery and, for the employee a bus driver who is breastfeeding, at the end of the period of breastfeeding. However, for employees bus drivers eligible for benefits payable under the Act respecting parental insurance (R.S.Q.CQLR, c. chapter A-29.011), the special leave shall end the fourth (4th) week prior to the expected date of delivery. During the special leave prescribed in this clause, compensation is governed by the provisions of the Act respecting occupational health and safety (R.S.Q.CQLR, c. chapter S-2.1) concerning preventive reassignment of the pregnant employee or the employee who is breastfeedingbreastfeeding employees. However, upon a written request to that effect, the board shall pay the employee bus driver an advance on the forthcoming compensationallowance receivable, based calculated on the basis of the payments that may be anticipated. If the Commission de la santé et de la sécurité du travail (CSST) CNESST pays the anticipated compensationallowance, the reimbursement shall be made deducted from that amount. If not, the reimbursement shall be made in accordance with the provisions of the agreement under clause 6-3.03 until the debt is fully paid. However, if the employee bus driver exercises her the right to apply for a review of the CSST CNESST decision or to contest the decision before the Commission des lésions professionnelles (CLP)Tribunal administratif du travail, reimbursement shall may not be payable only once claimed before the administrative review of the CNESST or, where applicable, the decision of the CSST or that of Tribunal administratif du travail has been made. In addition to the Commission des lésions professionnellespreceding provisions, as at the case may bebus driver's request, is rendered. The employee who works regularly at a cathode-ray screen may request that her working time on the cathode-ray screen be reduced. The board must study the possibility of temporarily changing the duties, without losing any rights, of the employee bus driver working at with a cathode-ray screen so as to reduce her working time at the cathode-ray screen to a maximum of two (2) hours per half day. If changes are possible, the board shall then assign (1/2) day and of assigning her to other duties she is reasonably capable of performing for the remainder of her working time. An employee shall A bus driver is also be entitled to a special leave in the following cases: a) when a complication in the pregnancy or a risk of miscarriage requires a work stoppage for a period prescribed by a medical certificate; the special leave may not extend be extended beyond the beginning of the fourth (4th) week before the expected date of delivery; b) upon presentation of a medical certificate prescribing the duration when a natural or induced miscarriage occurs before the beginning of the twentieth (20th) week prior to preceding the expected date of delivery; c) for medical visits related to the pregnancy carried out by a health professional and attested to by a medical certificate or a written report signed by a midwife.

Appears in 1 contract

Samples: Collective Agreement

Special Pregnancy and Breastfeeding Leaves Temporary Assignment and Special Leave. 5-4.22 An employee may request a temporary assignment to another position, permanently or temporarily vacant, in the same class of employment or, with her consent and subject to the provisions of the agreement, in another class of employment, in the following cases:4.22 a) she is pregnant and her working conditions involve risks of infectious disease diseases or physical danger dangers for her or her unborn child; b) her working conditions involve risks dangers for the child whom she is breastfeeding; c) she works regularly at a cathode-ray screen. The employee bus driver must submit a medical certificate to that effect as soon as possible. The board, upon receiving When the board receives a request for a preventive reassignment, it shall immediately inform the union immediately of the employee’s name of the bus driver and the reasons supporting the request for preventive reassignment. An employee A bus driver assigned to another position shall retain the rights and benefits of related to her regular position. If the employee she is not assigned immediatelyimmediately reassigned, she shall be the bus driver is entitled to special leave beginning immediately. Unless a temporary assignment occurs subsequently to put an end to the special leave, the special leave shall endends, for the pregnant employeea bus driver who is pregnant, on the date of delivery and, for the employee a bus driver who is breastfeeding, at the end of the period of breastfeeding. However, for employees bus drivers eligible for benefits payable under the Act respecting parental insurance (R.S.Q., c. A-29.011), the special leave shall end the fourth (4th) week prior to the expected date of delivery. During the special leave prescribed in this clause, compensation is governed by the provisions of the Act respecting occupational health and safety (R.S.Q., c. S-2.1) concerning preventive reassignment of the pregnant employee or the employee who is breastfeedingbreastfeeding employees. However, upon a written request to that effect, the board shall pay the employee bus driver an advance on the forthcoming compensationallowance receivable, based calculated on the basis of the payments that may be anticipated. If the Commission de la santé et de la sécurité du travail (CSST) pays the anticipated compensationallowance, the reimbursement shall be made deducted from that amount. If not, the reimbursement shall be made in accordance with the provisions of the agreement under clause 6-6.03 until the debt is fully paid. However, if the employee bus driver exercises her the right to apply for a review of the CSST decision or to contest the decision before the Commission des lésions professionnelles (CLP)professionnelles, reimbursement shall may not be payable only once claimed before the administrative review decision of the CSST or that or, where applicable, the decision of the Commission des lésions professionnellesprofessionnelles has been made. In addition to the preceding provisions, as at the case may bebus driver's request, is rendered. The employee who works regularly at a cathode-ray screen may request that her working time on the cathode-ray screen be reduced. The board must study the possibility of temporarily changing the duties, without losing any rights, of the employee bus driver working at with a cathode-ray screen so as to reduce her working time at the cathode-ray screen to a maximum of two (2) hours per half day. If changes are possible, the board shall then assign (1/2) day and of assigning her to other duties she is reasonably capable of performing for the remainder of her working time. An employee shall A bus driver is also be entitled to a special leave in the following cases: a) when a complication in the pregnancy or a risk of miscarriage requires a work stoppage for a period prescribed by a medical certificate; the special leave may not extend be extended beyond the beginning of the fourth (4th) week before the expected date of delivery; b) upon presentation of a medical certificate prescribing the duration when a natural or induced miscarriage occurs before the beginning of the twentieth (20th) week prior to preceding the expected date of delivery; c) for medical visits related to the pregnancy carried out by a health professional and attested to by a medical certificate or a written report signed by a midwife.

Appears in 1 contract

Samples: Collective Agreement

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Special Pregnancy and Breastfeeding Leaves Temporary Assignment and Special Leave. 5-4.22 An employee may request a temporary assignment to another position, permanently or temporarily vacant, in the same class of employment or, with her consent and subject to the provisions of the agreement, in another class of employment, in the following cases:4.22 a) she is pregnant and her working conditions involve risks of infectious disease diseases or physical danger dangers for her or her unborn child; b) her working conditions involve risks dangers for the child whom she is breastfeeding; c) she works regularly at a cathode-ray screen. The employee must submit a medical certificate to that effect as soon as possible. The board, upon receiving When the board receives a request for a preventive reassignment, it shall immediately inform the union immediately of the employee’s name of the employee and the reasons supporting the request for preventive reassignment. An employee assigned to another position shall retain the rights and benefits of related to her regular position. If she is not immediately reassigned, the employee is not assigned immediately, she shall be entitled to special leave beginning immediately. Unless a temporary assignment occurs subsequently to put an end to the special leave, the special leave shall endends, for the pregnant employeean employee who is pregnant, on the date of delivery and, for the an employee who is breastfeeding, at the end of the period of breastfeeding. However, for employees eligible for benefits payable under the Act respecting parental insurance (R.S.Q.CQLR, c. chapter A-29.011), the special leave shall end the fourth (4th) week prior to the expected date of delivery. This assignment occurs prior to the application of the sequences for filling temporarily vacant positions provided in clause 7-1.19, except for paragraphs A) and B), clause 7-1.36, except for paragraphs A) and B), clause 7-1.43, except for paragraphs A) and B) and the application of the priority for filling those positions granted to the employee laid off temporarily or periodically under clause 7-2.04. During the special leave prescribed in this clause, compensation is governed by the provisions of the Act respecting occupational health and safety (R.S.Q.CQLR, c. chapter S-2.1) concerning preventive reassignment of the pregnant employee or the employee who is breastfeedingbreastfeeding employees. However, upon a written request to that effect, the board shall pay the employee an advance on the forthcoming compensationallowance receivable, based calculated on the basis of payments that may be anticipated. If the Commission de la santé et de la sécurité du travail (CSST) CNESST pays the anticipated compensationallowance, the reimbursement shall be made deducted from that amount. If not, the reimbursement shall be made in accordance with the provisions of the agreement under clause 6-6.03 until the debt is fully paid. However, if the employee exercises her the right to apply for a review of the CSST CNESST decision or to contest the decision before the Commission des lésions professionnelles (CLP)Tribunal administratif du travail, reimbursement shall may not be payable only once claimed before the administrative review of the CNESST or, where applicable, the decision of the CSST or that of Tribunal administratif du travail has been made. In addition to the Commission des lésions professionnellespreceding provisions, as at the case may beemployee's request, is rendered. The employee who works regularly at a cathode-ray screen may request that her working time on the cathode-ray screen be reduced. The board must study the possibility of temporarily changing the duties, without losing any rights, of the employee working at with a cathode-ray screen so as to reduce her working time at the cathode-ray screen to a maximum of two (2) hours per half day. If changes are possible, the board shall then assign (1/2) day and of assigning her to other duties she is reasonably capable of performing for the remainder of her working time. An employee shall is also be entitled to a special leave in the following cases: a) when a complication in the pregnancy or a risk of miscarriage requires a work stoppage for a period prescribed by a medical certificate; the special leave may not extend be extended beyond the beginning of the fourth (4th) week before the expected date of delivery; b) upon presentation of a medical certificate prescribing the duration when a natural or induced miscarriage occurs before the beginning of the twentieth (20th) week prior to preceding the expected date of delivery; c) for medical visits related to the pregnancy carried out by a health professional and attested to by a medical certificate or a written report signed by a midwife.

Appears in 1 contract

Samples: Collective Agreement

Special Pregnancy and Breastfeeding Leaves Temporary Assignment and Special Leave. 5-4.22 An employee may request a temporary assignment to another position, permanently or temporarily vacant, in the same class of employment or, with her consent and subject to the provisions of the agreement, in another class of employment, in the following cases:4.23 a) she is pregnant and her working conditions involve risks of infectious disease diseases or physical danger dangers for her or her unborn child; b) her working conditions involve risks dangers for the child whom she is breastfeeding; c) she works regularly at a cathode-ray screen. The employee must submit a medical certificate to that effect as soon as possible. The board, upon receiving When the board receives a request for a preventive reassignment, it shall immediately inform the union immediately of the employee’s name of the employee and the reasons supporting the request for preventive reassignment. An employee assigned to another position shall retain the rights and benefits of related to her regular position. Such an assignment shall occur prior to using a priority of employment list. If she is not immediately reassigned, the employee is not assigned immediately, she shall be entitled to special leave beginning immediately. Unless a temporary assignment occurs subsequently to put an end to the special leave, the special leave shall endends, for the pregnant employeean employee who is pregnant, on the date of delivery and, for the an employee who is breastfeeding, at the end of the period of breastfeeding. However, for employees eligible for benefits payable under the Act respecting parental insurance (R.S.Q., c. A-29.011)) whose special leave began on or after January 1, 2006, the special leave shall end the fourth (4th) week prior to the expected date of delivery. During the special leave prescribed in this clause, compensation is governed by the provisions of the Act respecting occupational health and safety (R.S.Q., c. S-2.1) concerning preventive reassignment of the pregnant employee or the employee who is breastfeedingbreastfeeding employees. However, upon a written request to that effect, the board shall pay the employee an advance on the forthcoming compensationallowance receivable, based calculated on the payments that may be basis of the payment anticipated. If the Commission de la santé et de la sécurité du travail (CSST) pays the anticipated compensationallowance, the reimbursement shall be made deducted from that amount. If not, the reimbursement shall be made in accordance with the provisions of the agreement until the debt is fully paidunder clause 6-7.03. However, if the employee exercises her the right to apply for a review of the CSST decision or to contest the decision before the Commission des lésions professionnelles (CLP)professionnelles, reimbursement shall may not be payable only once claimed before the administrative review decision of the CSST or that or, where applicable, the decision of the Commission des lésions professionnellesprofessionnelles has been made. In addition to the preceding provisions, as at the case may beemployee's request, is rendered. The employee who works regularly at a cathode-ray screen may request that her working time on the cathode-ray screen be reduced. The board must study the possibility of temporarily changing the duties, without losing any rights, of the employee working at with a cathode-ray screen so as to reduce her working time at the cathode-ray screen to a maximum of two (2) hours per half day. If changes are possible, the board shall then assign (1/2) day and of assigning her to other duties she is reasonably capable of performing for the remainder of her working time. An employee shall is also be entitled to a special leave in the following cases: a) when a complication in the pregnancy or a risk of miscarriage requires a work stoppage for a period prescribed by a medical certificate; the special leave may not extend be extended beyond the beginning of the fourth (4th) week before the expected date of delivery; b) upon presentation of a medical certificate prescribing the duration when a natural or induced miscarriage occurs before the beginning of the twentieth (20th) week prior to preceding the expected date of delivery; c) for medical visits related to the pregnancy carried out by a health professional and attested to by a medical certificate or a written report signed by a midwife.

Appears in 1 contract

Samples: Collective Agreement

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