Act respecting labour standards Chapter IV - Larbour standards (Section 39.1 to 97)

Group insurance and pension plans

An employee’s participation in the group insurance and pension plans recognized in the employee’s place of employment shall not be affected by the absence from work, subject to regular payment of the contributions payable under those plans, the usual part of which is paid by the employer.

Advantages

The Government shall determine, by regulation, the other advantages available to an employee during a period of absence.

2002, c. 80, s. 27; 2007, c. 36, s. 8.

Interpretation

An employee retains his rights in group insurance and pension plans recognized in his workplace, despite his absence owing to sickness, organ or tissue donation for transplant, or accident. Since May 1, 2003, the Act no longer talks about equivalent plans but rather plans recognized in the workplace and in which the employer participates. The plan under which the employer assumes the entirety of the contributions is maintained. Indeed, no contribution is payable by the employee, but the employer must assume his usual share.
In the case of plans where the contributions are divided between the employee and the employer, the employee must continue to assume regularly his usual share of the contributions payable to maintain these plans during his absence. As soon as the employee assumes his share, the employer is required to pay his usual share.
The government may determine by regulation other advantages that an employee may enjoy during an absence owing to sickness, organ or tissue donation for transplant, accident or serious bodily injury suffered due to a criminal offence.