Chapter 22 : Disability

 
 

22.01   

Disability, for the first thirty-two (32) months of disability, means a disabled condition caused by illness or an accident that completely prevents a postdoctoral fellow from performing the usual duties of her or his position and requires ongoing medical care.

22.02

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).

22.03   

While on disability leave as provided under clause 22.02, 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.

22.04

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 article.

22.05    

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.

22.06

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.

22.07

The postdoctoral fellow shall be required to provide a detailed medical certificate including the diagnosis and the expected duration of the absence as of the third (3rd) consecutive day of absence.

22.08   

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

22.09

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.

22.10

The salary provided for in clause 22.03 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.

22.11

In the case of work-related accident or illness, the Employer shall pay the postdoctoral fellow their full salary until the date determined by the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST). The Employer shall subsequently pay the postdoctoral fellow the difference between her or his full salary and the benefits paid by the CNESST, during the disability period or up to the expiry date of the period of thirty-five (35) weeks with pay set out in clause 22.02, whichever of the two (2) dates is sooner.