Chapter 21 : Disability

 
 

 

21.01   
“Disability” means, for the first thirty-two (32) months of disability, a state of incapacity resulting from an illness, an accident, a pregnancy or a therapeutic abortion for which medical care is being received and that prevents the employee from performing the usual duties of her or his occupation and subsequently prevents the postdoctoral fellow from holding any type of gainful employment for which she or he is reasonably fit by virtue of her or his education, training and experience.

21.02   
A postdoctoral fellow under contract is entitled to a maximum of thirty-five (35) weeks of paid disability leave over a period of one year (365 consecutive days).

21.03   
While on disability leave as provided under clause 21.02, a postdoctoral fellow shall receive full salary for all of the duties she or he had previously been assigned and shall enjoy, insofar as she or he would normally be entitled to them, the following benefits:

  • group insurance (the postdoctoral fellow must pay her or his contribution);
  • vacation;
  • employer contribution to the pension plan, if the postdoctoral fellow pays her or his contribution on her or his full salary.

21.04   
A second absence must be separated from the first by a period of work of at least thirty (30) days or must be due to a different ground of invalidity.

A postdoctoral fellow on a gradual return shall be considered to be disabled within the meaning of this chapter.

21.05   
If a postdoctoral fellow’s disability lasts for more than thirty-five (35) weeks, the long-term salary insurance plan shall provide benefits in accordance with the terms and conditions in effect if she or he is eligible.

21.06   
A postdoctoral fellow engaging in outside professional activities shall be entitled to disability leave only if she or he ceases or decreases the outside professional activities during her or his absence. If there are no outside activities, she or he shall receive 100% of her or his salary. If there is some outside activity, the percentage of the absence paid by the Employer shall be proportional to the percentage of the absence from outside professional activities owing to disability. In the latter instance, the postdoctoral fellow shall notify the Employer to that effect.

21.07   
A postdoctoral fellow who is off work because of disability or accident shall notify the researcher in charge of her or his situation as soon as possible and, to the extent possible, shall provide the latter with the necessary information so that the research activities she or he was responsible for can continue.

21.08   
A postdoctoral fellow must provide a detailed medical certificate as of the third (3rd) consecutive day of absence.

21.09   
The disability leave shall continue as long as it is justified by a medical certificate.

21.10   
At the end of a disability leave, the Employer shall reinstate a postdoctoral fellow in her or his usual position, with the same benefits, including the salary she or he would have been entitled to if she or he had remained at work. If the postdoctoral fellow’s usual employment no longer exists upon her or his return, the Employer shall recognize all of the rights and privileges the postdoctoral fellow would have had at the time when the position was eliminated if she or he had been at work at that time.

21.11   
The salary provided for in clause 21.03 shall be reduced by the amount of any disability benefits in lieu of salary payable by a public entity under the law, in particular the Automobile Insurance Act and the Act respecting the Québec Pension Plan.

21.12   
In the event of an accident suffered or an illness contracted as a result of or during the work, the Employer shall pay the postdoctoral fellow her or his full salary up to the date established by the Commission de la santé et de la sécurité du travail (CSST). The Employer shall subsequently pay the postdoctoral fellow the difference between her or his full salary and the benefits paid by the CSST, during the disability period or up to the expiry date of the period of thirty-five (35) weeks with pay set out in clause 21.02, whichever of the two (2) dates is sooner.