10. (1) In this section, “employee” means, (a) a civil servant who is a member of the architectural, dental, engineering, medical or legal profession, who is entitled to practise his or her profession in Ontario, and who is employed in his or her profession by the Crown in a position in a class set out in Schedule 6, and (b) a civil servant who is not described in clause (a) and who is in a position in a class set out in Schedule 6 that is neither a class for which a salary range is determined through collective bargaining under the Crown Employees Collective Bargaining Act, 1993 nor a class that is in the excluded category.  R.R.O. 1990, Reg. 977, s. 10 (1); O. Reg. 168/96, s. 1. (2) An employee is entitled to accumulate compensation option credits in each year for the portion of the year during which he or she is an employee at the rate of, (a)  5/12 of one credit per month in the year, if the employee is a full-time employee, and (b) that portion of 5/12
of one credit per month in the year that is equal to the portion that the employee’s regularly scheduled hours of work bear to full employment, if the employee is a part-time employee.  R.R.O. 1990, Reg. 977, s. 10 (2). (3) The compensation option credits that an employee is entitled to accumulate in a year under subsection (2) shall be credited to the employee on the 1st day of January in the year or on the day in the year when the employee first becomes an employee, whichever is later.  R.R.O. 1990, Reg. 977, s. 10 (3). (4) From the compensation option credits credited to an employee in a year in accordance with subsections (2) and (3) there shall be deducted, to a maximum of the credits credited to the employee in the year, credits at the rate set out in clause (2) (a) or (b), as the case requires, for, (a) each whole month in the year throughout which the employee is on leave of absence without pay; (b) each whole month in the year throughout which the employee receives benefits under the Long Term Income Protection Plan; (c) each whole month in the year throughout which the employee receives benefits under an award made under the Workplace Safety and Insurance Act, 1997, if that month is after the first six months for which the employee received benefits under that award, and if the employee is not receiving payment for accumulated attendance credits or accumulated vacation credits in that month; (d) each whole month in the year after the month in which the employee ceases to be an employee; (e) each whole month in the year throughout which the employee is on leave of absence with pay under subsection 87 (3) or (6), and for the month in the year, if less than a whole month, in which the leave of absence with pay ends; and (f) any month wholly comprised of consecutive periods of less than a month for which credit would be deducted under clauses (a) to (e) if the periods were whole months.  R.R.O. 1990, Reg. 977, s. 10 (4); O. Reg. 399/01, s. 1. (5) With the approval of the employee’s deputy minister, an employee may take leave of absence with pay in respect of some or all of the employee’s accumulated compensation option credits at the rate of one day of leave of absence with pay for each compensation option credit to which the employee is entitled, and the employee’s accumulated compensation option credits shall be reduced by the leave of absence with pay taken.  R.R.O. 1990, Reg. 977, s. 10 (5). (6) If, after making any deduction required by subsection (4) or (5), an employee’s accumulated compensation option credits at the end of a year exceed twenty, the excess shall be deducted from the employee’s accumulated compensation option credits before compensation option credits for the next year are credited to the employee.  R.R.O. 1990, Reg. 977, s. 10 (6). (7) Each day or part thereof by which a leave of absence with pay taken by a person under subsection (5) exceeds the person’s accumulated compensation option credits after making any deduction required by subsection (4) or (6) shall be deducted from the person’s vacation credits, and the person shall repay to the Crown the salary paid to him or her for any day or part thereof of the leave of absence with pay that cannot be so deducted.  R.R.O. 1990, Reg. 977, s. 10 (7). (8) Any amount to be repaid under subsection (7) may be deducted from any payment the person is entitled to receive from the Crown in respect of salary or termination of employment or otherwise.  R.R.O. 1990, Reg. 977, s. 10 (8). (9) An employee is not entitled to be paid for any accumulated compensation option credits to which the employee remains entitled when the employee ceases to be an employee or when the employee commences a leave of absence with pay under subsection 87 (3) or (6).  R.R.O. 1990, Reg. 977, s. 10 (9). Compensation for Overtime