jswizzle3737/ontario_laws_and_regs huggingface dataset:
87. (1) An employee may receive only one termination payment for a given period of continuous service.  R.R.O. 1990, Reg. 977, s. 87 (1). (2) An employee whose total period of service is interrupted by a hiatus in service may, at the employee’s option, repay any termination payment received as a result of that absence to the Minister of Finance, and thereby restore termination pay entitlements for the period of continuous service for which the payment had been made.  R.R.O. 1990, Reg. 977, s. 87 (2). (2.1) Subsections (1) and (2) do not apply to a term classified employee.  O. Reg. 40/02, s. 27. (3) An employee who intends to terminate his or her employment and who would, upon the termination of employment, be entitled to a termination payment under section 79, 80, 81 or 83 may elect, in lieu of the payment provided for in those sections, to take a leave of absence with pay of not more than the lesser of, (a) the length of time determined under those sections for computing the termination payment to which the employee would be entitled; and (b) the length of time between the commencement of the leave of absence with pay and the end of the month in which the employee will attain sixty-five years of age.  R.R.O. 1990, Reg. 977, s. 87 (3). (4) The employment of an employee who has elected under subsection (3) to take a leave of absence with pay continues until the end of the leave of absence.  R.R.O. 1990, Reg. 977, s. 87 (4). (5) Subject to subsection (6), an employee’s entitlement to a termination payment under section 79, 80, 81 or 83 shall be reduced to reflect the time taken by the employee under subsection (3) as a leave of absence with pay.  R.R.O. 1990, Reg. 977, s. 87 (5). (6) Where a leave of absence with pay under section 69 has been granted to an employee, (a) in consequence of the employee’s intended termination of employment and election to take a leave of absence with pay under subsection (3); and (b) for a period of time equal to the leave of absence with pay taken by the employee under subsection (3), the employee’s entitlement to a termination payment under section 79, 80, 81 or 83 shall be reduced to reflect one-half of the time taken by the employee under subsection (3) as a leave of absence with pay, and one-half of each day of the total number of days of leave granted under section 69 and of leave taken under subsection (3) shall be allocated to each of the leaves of absence.  R.R.O. 1990, Reg. 977, s. 87 (6). (7) Subsections (3) to (6) apply despite section 79, 80, 81 or 83.  R.R.O. 1990, Reg. 977, s. 87 (7). Death Payment
88. (1) Where a full-time employee who has served for more than six months dies, there shall be paid to the employee’s personal representative or if there is no personal representative to such person as the Commission determines, the sum of one-twelfth of the employee’s annual salary.  R.R.O. 1990, Reg. 977, s. 88 (1). (2) Any severance pay to which a full-time employee other than a term classified employee is entitled under this Part shall be reduced by an amount equal to any entitlement under subsection (1).  R.R.O. 1990, Reg. 977, s. 88 (2); O. Reg. 40/02, s. 28.
88.1 (1) If a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner is killed in the line of duty, his or her surviving spouse or dependents are entitled to be reimbursed for the funeral and burial expenses, up to a maximum amount of $12,000.  O. Reg. 674/00, s. 2; O. Reg. 280/04, s. 4 (2). (2) This section applies with respect to an officer who is killed on or after December 31, 1999.  O. Reg. 674/00, s. 2. Other Benefits
88.2 (1) Every full-time commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner who is required to provide and wear ordinary clothing as part of his or her duties is entitled to be reimbursed for expenses incurred to buy the clothing, up to a maximum of $1,125 for the year.  O. Reg. 674/00, s. 2; O. Reg. 1/04, s. 22 (1); O. Reg. 571/06, s. 3 (1). (2) Every part-time commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner who is required to provide and wear ordinary clothing as part of his or her duties is entitled to be reimbursed for expenses incurred to buy the clothing, up to a maximum for a year of the amount calculated using the formula, $1,125 × A/B in which, “A” is the number of the officer’s weekly hours of work, and “B” is the number of weekly hours of work of a full-time officer. O. Reg. 674/00, s. 2; O. Reg. 1/04, s. 22 (2); O. Reg. 571/06, s. 3 (2). (3) Despite subsections (1) and (2), if the officer is required to provide and wear ordinary clothing as part of his or her duties for less than the entire year but more than 30 days in the year, the amount of the reimbursement to which the officer is entitled is calculated using the formula, $1,125 × [(C × 1.4) ÷ 8] ÷ 365 in which, “C” is the number of hours during the year when the officer is required to wear ordinary clothing as part of his or her duties. O. Reg. 674/00, s. 2; O. Reg. 1/04, s. 22 (2); O. Reg. 571/06, s. 3 (3). (4) Despite subsections (1) and (2), an officer who is required to provide and wear ordinary clothing as part of his or her duties for 30 days or less in a year is not entitled to be reimbursed for expenses incurred to buy the clothing.  O. Reg. 674/00, s. 2. (5) An officer who is entitled to be reimbursed under this section shall submit one claim in January for the preceding year and the claim must be accompanied by receipts for all of the expenses claimed.  O. Reg. 674/00, s. 2. part vii   benefits — unclassified mcp employees, full work week Application and Interpretation
88.3 This Part applies to every public servant who regularly works 36¼ or 40 hours per week in a ministry of the Government of Ontario but it does not apply to, (a) a public servant to whom Part VI , VIII or IX applies; (b) a public servant who is within a unit of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993; (c) a public servant whose duties are similar to those performed by a civil servant within a unit of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993; (d) a person on a temporary work assignment arranged by the Commission in accordance with its program for providing temporary help; (e) a student employed during the student’s regular vacation period or on a co-operative educational training program; (f) an executive assistant to a minister; or (g) a psychiatrist employed in a professional capacity.  O. Reg. 1/04, s. 24.
89. In this Part, “Civic Holiday” means the first Monday in August; “employee” means a public servant to whom this Part applies by virtue of section 88.3; “employer” means the Crown.  R.R.O. 1990, Reg. 977, s. 89; O. Reg. 168/96, s. 8; O. Reg. 1/04, s. 26. Holidays
90. (1) An employee is entitled to a holiday in each year on each of the following days: 1. New Year’s Day 2. Good Friday 3. Easter Monday 4. Victoria Day 5. Canada Day 6. Civic Holiday 7. Labour Day 8. Thanksgiving Day 9. Remembrance Day 10. Christmas Day 11. Boxing Day 12. Any special holiday proclaimed by the Governor General or the Lieutenant Governor.  R.R.O. 1990, Reg. 977, s. 90 (1). (2) Special holidays granted during vacation leave of absence shall be computed as part thereof, but no other holidays shall be computed therein.  R.R.O. 1990, Reg. 977, s. 90 (2). (3) An employee required to work on any holiday specified in subsection (1) is entitled to a compensating day as a holiday in lieu thereof.  R.R.O. 1990, Reg. 977, s. 90 (3). (4) When a holiday specified in subsection (1) falls on a Saturday or Sunday, or when any two of them fall on a successive Saturday and Sunday the regular working day or days next following is a holiday or are holidays, as the case may be, in lieu thereof, but when such next following regular working day is also a holiday the next regular working day thereafter is in lieu thereof a holiday.  R.R.O. 1990, Reg. 977, s. 90 (4). (5) Subsection (4) does not apply to New Year’s Day, Canada Day, Remembrance Day, Christmas Day and Boxing Day in respect of an employee whose work schedule is subject to rotating work weeks that include scheduled weekend work on a regular or recurring basis.  R.R.O. 1990, Reg. 977, s. 90 (5). Vacation Entitlements
91. (1) An employee is entitled to vacation credits at the rate of 1¼ days for each full month in which he or she is at work or is on vacation leave of absence or leave of absence with pay.  R.R.O. 1990, Reg. 977, s. 91 (1). (2) An employee who leaves the public service prior to the completion of six months service is entitled to vacation pay at the rate of 4 per cent of the earnings of the employee during the period of his or her employment.  R.R.O. 1990, Reg. 977, s. 91 (2). (3) An employee who has completed six or more months of continuous service in the public service shall be paid for any unused vacation standing to his or her credit at the date he or she ceases to be an employee.  R.R.O. 1990, Reg. 977, s. 91 (3). (4) An employee may take vacation leave of absence only to the limit of his or her earned vacation credits, may not take vacation leave of absence during the first six months of employment and his or her accumulated vacation credits shall be reduced by the vacation leave of absence taken.  R.R.O. 1990, Reg. 977, s. 91 (4). Attendance Credits and Sick Leave
92. (1) An employee is entitled to an attendance credit of 1¼ days for each full month in which he or she is at work or is on vacation leave of absence or leave of absence with pay.  R.R.O. 1990, Reg. 977, s. 92 (1). (2) An employee who is unable to attend to his or her duties in the public service due to sickness or injury is entitled to leave of absence with pay at the rate of one working day for each day of accumulated attendance credits and his or her accumulated attendance credits shall be reduced by the leave taken.  R.R.O. 1990, Reg. 977, s. 92 (2). (3) Where a person who is an employee is appointed to the classified service, attendance credits accumulated by the person under this Part in respect of the period of time after the date of the coming into force of the short term sickness plan in respect of the position to which the person is appointed in the classified service cease to stand to the credit of the person.  R.R.O. 1990, Reg. 977, s. 92 (3). (4) In this section, “short term sickness plan” means the short term sickness plan described in section 60.  R.R.O. 1990, Reg. 977, s. 92 (4).
93. (1) After five days absence caused by sickness, no leave with pay shall be allowed unless a certificate of a legally qualified medical practitioner or of such other person as may be approved by the deputy minister is forwarded to the deputy minister of the ministry, certifying that the employee is unable to attend to his or her official duties.  R.R.O. 1990, Reg. 977, s. 93 (1). (2) Despite subsection (1), the deputy minister or a person designated by the deputy minister for the purpose of this section may require an employee to submit the medical certificate required by subsection (1) for a period of absence of less than five days.  R.R.O. 1990, Reg. 977, s. 93 (2). Bereavement Leave
94. (1) An employee who otherwise would be at work is entitled, (a) in the case of the death of his or her spouse, mother, father, mother-in-law, father-in-law, son, daughter, brother, sister, ward or guardian, to not more than three days leave of absence with pay; or (b) in the case of the death of his or her brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent or grandchild, to one day leave of absence with pay.  R.R.O. 1990, Reg. 977, s. 94; O. Reg. 71/00, s. 5; O. Reg. 280/04, s. 4 (2). (2) This section does not apply to an employee represented by the Association of Law Officers of the Crown or by the Crown Attorneys’ Association who is in a class of position of Crown Counsel 1, 3 or 4, in respect of a person’s death on or after April 5, 2006.  O. Reg. 454/06, s. 7.
94.1 (1) This section applies to employees represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who are in a class of position of Crown Counsel 1, 3 or 4.  O. Reg. 454/06, s. 8. (2) An employee who would otherwise be at work is entitled to not more than three days’ leave of absence with pay in the event of the death on or after April 5, 2006 of the employee’s spouse, parent, step-parent, mother-in-law, father-in-law, child, stepchild, sibling, stepsibling, ward, foster parent or guardian.  O. Reg. 454/06, s. 8. (3) An employee who would otherwise be at work is entitled to one day’s leave of absence with pay in the event of the death on or after April 5, 2006 of the employee’s sister-in-law, brother-in-law, daughter-in-law, son-in-law, grandparent, stepgrandparent, grandchild or stepgrandchild.  O. Reg. 454/06, s. 8. Jury or Witness Duty Leave
95. Where an employee is absent by reason of a summons to serve as a juror or to attend as a witness, the employee may at his or her option, (a) treat the absence as leave without pay and retain any fee he or she receives as a juror or as a witness; (b) deduct the period of absence from his or her vacation credits or overtime credits or both and retain any fee he or she receives as a juror or as a witness; or (c) treat the absence as leave with pay and pay to the Minister of Finance any fee he or she has received as a juror or as a witness.  R.R.O. 1990, Reg. 977, s. 95. Pay in Lieu of Group Insurance
95.1 (1) Every employee who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 6 per cent of his or her salary as a payment in lieu of group insurance benefits in respect of periods of employment on and after January 1, 2004.  O. Reg. 454/06, s. 9. (2) Despite subsection (1), the following employees are not entitled to a cash benefit under this section: 1. A commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner. 2. An employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who is employed in a class of position of Crown Counsel 1, 3 or 4. 3. An employee who is employed in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5.  O. Reg. 454/06, s. 9.
95.1.1 (1) Each of the following employees who complete one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 6 per cent of his or her salary as a payment in lieu of group insurance in respect of periods of employment on and after July 26, 2002 and before April 5, 2006: 1. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and who is employed in a class of position of Crown Counsel 1, 3 or 4. 2. An employee who is employed in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5.  O. Reg. 454/06, s. 9. (2) Despite subsection (1), the following employees are not entitled to a cash benefit under this section: 1. An employee who is employed in a class of position of Crown Counsel 1 or Crown Counsel 1 (Excluded) and who is at any of steps 1 to 8 of the applicable salary schedule established by Order-in-Council for the class of position. 2. An employee who was employed on or before July 25, 2002 in a class of position of Crown Counsel 1, 2, 3, 4 or 5 or Crown Counsel 1, 2, 3 or 4 (Excluded) and, i. who was employed on July 25, 2002 in a class of position of Crown Counsel 2, 3, 4 or 5 or Crown Counsel 2, 3 or 4 (Excluded) and has continued to be so employed since that date but for a break in service of less than 13 weeks, or ii. who was not employed on July 25, 2002 but whose employment in a class of position of Crown Counsel 2, 3, 4 or 5 or Crown Counsel 2, 3 or 4 (Excluded) after July 25, 2002 began on a date less than 13 weeks from the last day of employment before July 25, 2002, and has been continuous since then but for a break in service of less than 13 weeks. 3. An employee who is employed in a class of position of Crown Counsel 2, 3, 4 or 5 or Crown Counsel 2, 3 or 4 (Excluded) as the result of an offer of employment made on or before July 25, 2002 but whose employment commenced after July 25, 2002, and whose employment since commencing the employment has been continuous but for a break in service of less than 13 weeks.  O. Reg. 454/06, s. 9. (3) A pregnancy leave or parental leave under the Employment Standards Act, 2000
is not a break in service for the purposes of paragraphs 2 and 3 of subsection (2).  O. Reg. 454/06, s. 9. (4) For the purposes of subparagraph 2 ii of subsection (2), an employee who is employed after July 25, 2002 shall be deemed to have begun employment within 13 weeks from the last date of employment prior to July 25, 2002 where the break in service was the result of a pregnancy leave or parental leave under the Employment Standards Act, 2000.  O. Reg. 454/06, s. 9.
95.1.2 Each of the following employees who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 6 per cent of his or her salary as payment in lieu of group insurance in respect of periods of employment on and after April 5, 2006: 1. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and who is employed in a class of position of Crown Counsel 1 as a result of an offer of employment made before April 5, 2006. 2. An employee who is employed in a class of position of Crown Counsel 1 (Excluded) as a result of an offer of employment made before April 5, 2006. 3. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who is employed in a class of position of Crown Counsel 3 as a result of an offer of employment made on or after July 26, 2002 and before April 5, 2006. 4. An employee who is employed in a class of position of Crown Counsel 3 (Excluded)  or Crown Counsel 5 as a result of an offer of employment made on or after July 26, 2002 and before April 5, 2006.  O. Reg. 454/06, s. 9.
95.1.3 Each of the following employees who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 4 per cent of his or her salary as payment in lieu of group insurance in respect of periods of employment on and after April 5, 2006: 1. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and who is employed in a class of position of Crown Counsel 1 or 3 as a result of an offer of employment made on or after April 5, 2006. 2. An employee who is employed in a class of position of Crown Counsel 1 or 3 (Excluded) or Crown Counsel 5 as a result of an offer of employment made on or after April 5, 2006.  O. Reg. 454/06, s. 9. part viii   benefits — other unclassified mcp employees and unclassified excluded employees Application and Interpretation
95.2 This Part applies to every public servant other than, (a) a public servant to whom Part VI, VII or IX applies; (b) a public servant who is within a unit of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993; (c) a person on a temporary work assignment arranged by the Commission in accordance with its program for providing temporary help; (d) a student employed during the student’s regular vacation period or on a co-operative educational training program; (e) an executive assistant to a minister; or (f) a psychiatrist employed in a professional capacity.  O. Reg. 1/04, s. 29.
96. (1) In this Part, “Civic Holiday” means the first Monday in August; “employee” means a public servant to whom this Part applies by virtue of section 95.2; “employer” means the Crown; “holiday” means, (a) New Year’s Day, (b) Good Friday, (c) Easter Monday, (d) Victoria Day, (e) Canada Day, (f) Civic Holiday, (g) Labour Day, (h) Thanksgiving Day, (i) Remembrance Day, (j) Christmas Day, (k) Boxing Day, or (l) any special holiday proclaimed by the Governor General or the Lieutenant Governor.  R.R.O. 1990, Reg. 977, s. 96 (1); O. Reg. 168/96, s. 9; O. Reg. 1/04, s. 30. (2) Despite the definition of “holiday” in subsection (1), when a holiday falls on a Saturday or Sunday, or when any two of them fall on a successive Saturday and Sunday, “holiday” means the regular working day or days, as the case may be, next following or, if the next following regular working day is also a holiday, the next regular working day thereafter.  R.R.O. 1990, Reg. 977, s. 96 (2). (3) Subsection (2) does not apply to New Year’s Day, Canada Day, Remembrance Day, Christmas Day and Boxing Day in respect of an employee whose work schedule is subject to rotating work weeks that include scheduled weekend work on a regular or recurring basis.  R.R.O. 1990, Reg. 977, s. 96 (3). Holidays
97. Every employee is entitled as holiday compensation to additional pay equal to 4 per cent of total earnings other than vacation compensation.  R.R.O. 1990, Reg. 977, s. 97. Vacation Pay
98. Every employee is entitled to an additional amount equal to 4 per cent of total earnings as vacation compensation.  R.R.O. 1990, Reg. 977, s. 98. Attendance Credits and Sick Leave
99. (1) An employee who regularly works 36¼ or 40 hours per week is entitled to an attendance credit of 1¼ days for each full month in which he or she is at work or on leave of absence with pay.  R.R.O. 1990, Reg. 977, s. 99 (1). (2) An employee who is unable to attend to his or her duties in the public service due to sickness or injury is entitled to leave of absence with pay at the rate of one working day for each day of accumulated attendance credits and his or her accumulated attendance credits shall be reduced by the leave taken.  R.R.O. 1990, Reg. 977, s. 99 (2). (3) Where a person who is an employee is appointed to the classified service, attendance credits accumulated under this Part in respect of the period of time after the date of the coming into force of the short term sickness plan in respect of the position to which the person is appointed in the classified service cease to stand to the credit of the person.  R.R.O. 1990, Reg. 977, s. 99 (3). (4) In this section, “short term sickness plan” means the plan described in section 60.  R.R.O. 1990, Reg. 977, s. 99 (4).
100. (1) After five days absence caused by sickness, no leave with pay shall be allowed unless a certificate of a legally qualified medical practitioner or of such other person as may be approved by the deputy minister is forwarded to the deputy minister of the ministry, certifying that the employee is unable to attend to his or her official duties.  R.R.O. 1990, Reg. 977, s. 100 (1). (2) Despite subsection (1), the deputy minister or a person designated by the deputy minister for the purpose of this section may require an employee to submit the medical certificate required by subsection (1) for a period of absence of less than five days.  R.R.O. 1990, Reg. 977, s. 100 (2). Bereavement Leave
101. (1) An employee who regularly works more than twenty-four hours per week and who otherwise would be at work is entitled, (a) in the case of the death of his or her spouse, mother, father, mother-in-law, father-in-law, son, daughter, brother, sister, ward or guardian, to not more than three days leave of absence with pay; or (b) in the case of death of his or her brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent or grandchild, to one day of leave of absence with pay.  R.R.O. 1990, Reg. 977, s. 101; O. Reg. 71/00, s. 6; O. Reg. 280/04, s. 4 (2). (2) This section does not apply to an employee represented by the Association of Law Officers of the Crown or by the Crown Attorneys’ Association who is in a class of position of Crown Counsel 1, 3 or 4 with respect to a person’s death on or after April 5, 2006.  O. Reg. 454/06, s. 10.
101.1 (1) This section applies to employees represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who are in a class of position of Crown Counsel 1, 3 or 4.  O. Reg. 454/06, s. 11. (2) An employee who regularly works more than 24 hours per week and who would otherwise be at work is entitled to not more than three days’ leave of absence with pay in the event of the death on or after April 5, 2006 of the employee’s spouse, parent, step-parent, mother-in-law, father-in-law, child, stepchild, sibling, stepsibling, ward, foster parent or guardian.  O. Reg. 454/06, s. 11. (3) An employee who regularly works more than 24 hours per week and who would otherwise be at work is entitled to one day’s leave of absence with pay in the event of the death on or after April 5, 2006 of the employee’s sister-in-law, brother-in-law, daughter-in-law, son-in-law, grandparent, stepgrandparent, grandchild or stepgrandchild.  O. Reg. 454/06, s. 11. Jury or Witness Duty Leave
102. Where an employee is absent by reason of a summons to serve as a juror or to attend as a witness, the employee may at his or her option, (a) treat the absence as leave without pay and retain any fee he or she receives as a juror or as a witness; or (b) treat the absence as leave with pay and pay to the Minister of Finance any fee he or she has received as a juror or as a witness.  R.R.O. 1990, Reg. 977, s. 102. Pay in Lieu of Group Insurance
103. (1) Each of the following employees who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 6 per cent of his or her salary as a payment in lieu of group insurance benefits in respect of periods of employment on and after January 1, 2004: 1. An employee who regularly works 36 1/4 or 40 hours per week and who is a public servant described in clause 88.3 (c).  O. Reg. 454/06, s. 12. (2) Despite subsection (1), the following employees are not entitled to a cash benefit under this section: 1. An employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who is employed in a class of position of Crown Counsel 1, 3 or 4. 2. An employee who is employed in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5.  O. Reg. 454/06, s. 12.
103.1 (1) Each of the following employees who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 6 per cent of his or her salary as a payment in lieu of group insurance in respect of periods of employment on and after July 26, 2002 and before April 5, 2006: 1. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and who is employed in a class of position of Crown Counsel 1, 3 or 4. 2. An employee who is employed in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5.  O. Reg. 454/06, s. 12. (2) Despite subsection (1), the following employees are not entitled to a cash benefit under this section: 1. An employee who is employed in a class of position of Crown Counsel 1 or Crown Counsel 1 (Excluded) and who is at any of steps 1 to 8 of the applicable salary schedule established by Order-in-Council for the class of position. 2. An employee who was employed on or before July 25, 2002 in a class of position of Crown Counsel 1, 2, 3, 4 or 5 or Crown Counsel 1, 2, 3 or 4 (Excluded) and, i. who was employed on July 25, 2002 in a class of position of Crown Counsel 2, 3, 4 or 5 or Crown Counsel 2, 3 or 4 (Excluded) and has continued to be so employed since that date but for a break in service of less than 13 weeks, or ii. who was not employed on July 25, 2002 but whose employment in a class of position of Crown Counsel 2, 3, 4 or 5 or Crown Counsel 2, 3 or 4 (Excluded) after July 25, 2002 began on a date less than 13 weeks from the last day of employment before July 25, 2002, and has been continuous since then but for a break in service of less than 13 weeks. 3. An employee who is employed in a class of position of Crown Counsel 2, 3, 4 or 5 or Crown Counsel 2, 3 or 4 (Excluded) as the result of an offer of employment made on or before July 25, 2002 but whose employment commenced after July 25, 2002, and whose employment since commencing the employment has been continuous but for a break in service of less than 13 weeks.  O. Reg. 454/06, s. 12. (3) A pregnancy leave or parental leave under the Employment Standards Act, 2000
is not a break in service for the purposes of paragraphs 2 and 3 of subsection (2).  O. Reg. 454/06, s. 12. (4) For the purposes of subparagraph 2 ii of subsection (2), an employee who is employed after July 25, 2002 shall be deemed to have begun employment within 13 weeks from the last date of employment prior to July 25, 2002 where the break in service was the result of a pregnancy leave or parental leave under the Employment Standards Act, 2000.  O. Reg. 454/06, s. 12.
103.2 Each of the following employees who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 6 per cent of his or her salary as payment in lieu of group insurance in respect of periods of employment on and after April 5, 2006: 1. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and who is employed in a class of position of Crown Counsel 1 as a result of an offer of employment made before April 5, 2006. 2. An employee who is employed in a class of position of Crown Counsel 1 (Excluded) as a result of an offer of employment made before April 5, 2006. 3. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who is employed in a class of position of Crown Counsel 3 as a result of an offer of employment made on or after July 26, 2002 and before April 5, 2006. 4. An employee who is employed in a class of position of Crown Counsel 3 (Excluded) or Crown Counsel 5 as a result of an offer of employment made on or after July 26, 2002 and before April 5, 2006.  O. Reg. 454/06, s. 12.
103.3 Each of the following employees who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 4 per cent of his or her salary as payment in lieu of group insurance in respect of periods of employment on and after April 5, 2006: 1. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and who is employed in a class of position of Crown Counsel 1 or 3 as a result of an offer of employment made on or after April 5, 2006. 2. An employee who is employed in a class of position of Crown Counsel 1 or 3 (Excluded) or Crown Counsel 5 as a result of an offer of employment made on or after April 5, 2006.  O. Reg. 454/06, s. 12. part ix   benefits — unclassified smg employees Application and Interpretation
104. This Part applies to every Crown employee who is a member of the Senior Management Group and who is not a civil servant.  O. Reg. 1/04, s. 32.
105. In this Part, “employee” means a Crown employee to whom this Part applies by virtue of section 104.  O. Reg. 1/04, s. 32. Holidays
106. (1) An employee is entitled to a holiday in each year on each of the holidays listed in subsection 58 (1).  O. Reg. 1/04, s. 32. (2) Special holidays granted during vacation leave of absence shall be computed as part thereof, but no other holidays shall be computed therein.  O. Reg. 1/04, s. 32. (3) An employee required to work on any holiday specified in subsection (1) is entitled to a compensating day as a holiday in lieu thereof.  O. Reg. 1/04, s. 32. (4) When a holiday specified in subsection (1) falls on a Saturday or Sunday, or when any two of them fall on a successive Saturday and Sunday, the regular working day or days next following is a holiday or are holidays, as the case may be, in lieu thereof, but when such next following regular working day is also a holiday, the next regular working day thereafter is in lieu thereof a holiday.  O. Reg. 1/04, s. 32. (5) Subsection (4) does not apply to New Year’s Day, Canada Day, Remembrance Day, Christmas Day and Boxing Day in respect of an employee whose work schedule is subject to rotating work weeks that include scheduled weekend work on a regular or recurring basis.  O. Reg. 1/04, s. 32. Vacation Entitlements
107. (1) An employee is entitled to vacation credits at the rate of 1¼ days for each full month in which he or she is at work or is on vacation leave of absence or leave of absence with pay.  O. Reg. 1/04, s. 32. (2) An employee who leaves the public service prior to the completion of six months service is entitled to vacation pay at the rate of 4 per cent of the earnings of the employee during the period of his or her employment.  O. Reg. 1/04, s. 32. (3) An employee who has completed six or more months of continuous service in the public service shall be paid for any unused vacation standing to his or her credit at the date he or she ceases to be an employee.  O. Reg. 1/04, s. 32. (4) An employee may take vacation leave of absence only to the limit of his or her earned vacation credits, may not take vacation leave of absence during the first six months of employment and his or her accumulated vacation credits shall be reduced by the vacation leave of absence taken.  O. Reg. 1/04, s. 32. Attendance Credits and Sick Leave
108. (1) An employee is entitled to an attendance credit of 1¼ days for each full month in which he or she is at work or is on vacation leave of absence or leave of absence with pay.  O. Reg. 1/04, s. 32. (2) An employee who is unable to attend to his or her duties in the public service due to sickness or injury is entitled to leave of absence with pay at the rate of one working day for each day of accumulated attendance credits and his or her accumulated attendance credits shall be reduced by the leave taken.  O. Reg. 1/04, s. 32. (3) Where a person who is an employee is appointed to the classified service, attendance credits accumulated by the person under this Part cease to stand to the credit of the person.  O. Reg. 1/04, s. 32.
109. (1) After five days absence caused by sickness, no leave with pay shall be allowed unless a certificate of a legally qualified medical practitioner or of such other person as may be approved by the deputy minister is forwarded to the deputy minister of the ministry, certifying that the employee is unable to attend to his or her official duties.  O. Reg. 1/04, s. 32. (2) Despite subsection (1), the deputy minister or a person designated by the deputy minister for the purpose of this section may require an employee to submit the medical certificate required by subsection (1) for a period of absence of less than five days.  O. Reg. 1/04, s. 32. Bereavement Leave
110. An employee who otherwise would be at work is entitled, (a) in the case of the death of his or her spouse, mother, father, mother-in-law, father-in-law, son, daughter, brother, sister, ward or guardian, to not more than three days leave of absence with pay; or (b) in the case of the death of his or her brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent or grandchild, to one day leave of absence with pay.  O. Reg. 1/04, s. 32; O. Reg. 280/04, s. 4 (2). Jury or Witness Duty Leave
111. Where an employee is absent by reason of a summons to serve as a juror or to attend as a witness, the employee may at his or her option, (a) treat the absence as leave without pay and retain any fee he or she receives as a juror or as a witness; (b) deduct the period of absence from his or her vacation credits or overtime credits or both and retain any fee he or she receives as a juror or as a witness; or (c) treat the absence as leave with pay and pay to the Minister of Finance any fee he or she has received as a juror or as a witness.  O. Reg. 1/04, s. 32. Pay in Lieu of Group Insurance
112. (1) Every full-time employee who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 6 per cent of his or her salary as a payment in lieu of group insurance benefits.  O. Reg. 1/04, s. 32. (2) The cash benefit described in subsection (1) is payable in respect of any period of employment under an employment contract that is entered into or renewed on or after January 19, 2004.  O. Reg. 1/04, s. 32. (3) With the consent of his or her supervisor, an employee may elect to receive the group insurance benefits described in sections 113 to 121 instead of receiving the annual cash benefit described in subsection (1).  O. Reg. 1/04, s. 32. (4) The employee is required to make the election in writing when he or she enters into or renews the contract of employment and the election is irrevocable during the term of the contract.  O. Reg. 1/04, s. 32. Group Insurance Plans
113. The group insurance benefits described in sections 114 to 121 apply only in respect of employees who made the election described in subsection 112 (3) in accordance with subsection 112 (4).  O. Reg. 1/04, s. 32.
114. (1) The Crown may enter into agreements with insurance underwriters for the purpose of providing the following group insurance coverages for employees: 1. A Basic Life Insurance Plan. 2. A Supplementary Life Insurance Plan. 3. A Dependents’ Life Insurance Plan. 4. A Long-Term Income Protection Plan. 5. A Supplementary Health and Hospital Insurance Plan. 6. A Dental Insurance Plan. 7. A Basic Accidental Death and Dismemberment Plan. 8. A Supplementary Accidental Death and Dismemberment Plan. 9. A Critical Illness Insurance Plan.  O. Reg. 1/04, s. 32. (2) The group insurance coverage referred to in subsection (1) shall not be provided for an employee during a leave of absence without pay except to the extent that the employee arranges through the payroll or personnel branch of his or her ministry to pay the amount of the full premium for any of the coverages that the employee chooses to have continued during the leave and pays the amount at least one week before the first of each month of the leave of absence.  O. Reg. 1/04, s. 32. (3) Within a reasonable time after granting a leave of absence without pay to an employee, the employer shall inform the employee that group insurance coverages during the leave of absence will continue only in accordance with subsection (2).  O. Reg. 1/04, s. 32. (4) Except as stated in this Part, the benefits provided to employees under the group insurance coverages shall be those set out in the agreements made with the insurance underwriters.  O. Reg. 1/04, s. 32. (5) Each of sections 115 to 124 applies only where the Crown has entered into an agreement with an underwriter to provide the type of group insurance coverage referred to in that section.  O. Reg. 1/04, s. 32.
115. (1) The Basic Life Insurance Plan shall provide life insurance coverage equal to 100 per cent of the annual salary of every employee, and such coverage shall not be less than $10,000 for a full-time employee and $5,000 for a part-time employee.  O. Reg. 1/04, s. 32. (2) The premium for the Basic Life Insurance Plan coverage shall be paid by the employer.  O. Reg. 1/04, s. 32.
116. (1) The Supplementary Life Insurance Plan shall provide additional group life insurance coverage equal to the annual salary, twice the annual salary or three times the annual salary, at the choice of the employee, for those employees who choose to participate in the Plan.  O. Reg. 1/04, s. 32. (2) An employee who participates in the Supplementary Life Insurance Plan shall pay the premium for his or her insurance coverage in the Plan.  O. Reg. 1/04, s. 32.
117. (1) The Dependents’ Life Insurance Plan shall provide, in respect of each employee who chooses to participate in the Plan, life insurance coverage chosen by the employee as follows: 1. A multiple of $10,000 to a maximum of $200,000 for the spouse of the employee. 2. $1,000, $5,000, $7,500 or $10,000 for each child of the employee. 3. If the employee chooses to insure any of his or her children in an amount set out in paragraph 2, the employee shall insure all of his or her children in the same amount.  O. Reg. 280/04, s. 5. (2) In this section, “child” means, (a) an unmarried child who is under 21 years of age, (b) a child who is 21 years of age or older but not yet 25 years of age and in full time attendance at an educational institution or on vacation therefrom, or (c) a child who is 21 years of age or older and who is mentally or physically infirm and dependent on the employee.  O. Reg. 1/04, s. 32. (3) An employee who participates in the Dependents’ Life Insurance Plan shall pay the premiums for the insurance coverage provided to the employee in the Plan.  O. Reg. 1/04, s. 32.
118. (1) The Long-Term Income Protection Plan shall provide the benefit described in subsection (4) to an employee who participates in the Plan and who is totally disabled, is under the care of or is receiving treatment from a legally qualified medical practitioner and is not, except for the purpose of rehabilitation, engaged in any occupation or employment for which he or she receives a wage or profit.  O. Reg. 1/04, s. 32. (2) For the purposes of this section, an employee is totally disabled if, during the qualifying period and during the period in respect of which benefits may be paid, the employee is continuously unable, as a result of sickness or injury, to perform the essential duties of the employee’s normal occupation.  O. Reg. 1/04, s. 32. (3) The employee is entitled to receive the benefit beginning immediately after a qualifying period of six continuous months of total disability and continuing until the earliest of, (a) 24 months after the employee becomes entitled to receive the benefit; (b) termination of the total disability; (c) death; (d) the end of the month in which the employee reaches 65 years of age; or (e) the expiry of his or her appointment.  O. Reg. 1/04, s. 32. (4) The amount of the annual benefit payable during a calendar year (the “payment year”) to an employee is calculated using the formula, A – (B + C) in which, “A” is, (a) for the first payment year in which the benefit is paid, 66⅔ per cent of the employee’s regular salary immediately before the beginning of the qualifying period, (b) for each subsequent payment year, the amount of “A” for the previous year, increased by the average annual increase, expressed as a percentage, in the Ontario Consumer Price Index as published by Statistics Canada in January of the payment year, to a maximum of 2 per cent, “B” is the total amount of the other disability and retirement benefits, if any, payable for the year to the employee under any other plans to which the employee contributes, other than payments under the Workplace Safety and Insurance Act, 1997
for an unrelated disability, and “C” is 50 per cent of any rehabilitation earnings of the employee for the year. O. Reg. 1/04, s. 32. (5) The employer shall pay 85 per cent of the premium costs for every employee who participates in the Long-Term Income Protection Plan and the employee shall pay the balance of the premium costs through payroll deduction.  O. Reg. 1/04, s. 32. (6) In this section, “rehabilitation earnings” means earnings for employment following directly after a period of total disability during which the employee is not fully recovered from the disability; “total disability” means, with respect to an employee, a disability that renders the employee totally disabled as described in subsection (2).  O. Reg. 1/04, s. 32.
119. Where the employer is paying all or part of the premiums for an employee who participates in one or more of the plans referred to in subsection 114 (1) and the employee receives benefits under the Long-Term Income Protection Plan, the employer shall continue the premium payments for the period in respect of which the employee is receiving the benefits.  O. Reg. 1/04, s. 32.
122. (1) The Basic Accidental Death and Dismemberment Insurance Plan shall provide accidental death and dismemberment insurance coverage of up to $50,000 in the case of a full-time employee and up to $25,000 in the case of a part-time employee.  O. Reg. 1/04, s. 32. (2) The premium for the Basic Accidental Death and Dismemberment Insurance Plan shall be paid by the employer.  O. Reg. 1/04, s. 32.
123. (1) The Supplementary Accidental Death and Dismemberment Plan shall provide additional accidental death and dismemberment insurance coverage in such amounts as are specified in the Plan for those employees who choose to participate in the Plan.  O. Reg. 1/04, s. 32. (2) An employee who participates in the Supplementary Accidental Death and Dismemberment Plan shall pay the premium for his or her participation.  O. Reg. 1/04, s. 32.
124. (1) The Critical Illness Insurance Plan shall provide critical illness insurance coverage in such amounts as are specified in the Plan for those employees who choose to participate in the Plan.  O. Reg. 1/04, s. 32. (2) An employee who participates in the Critical Illness Insurance Plan shall pay the premium for his or her participation.  O. Reg. 1/04, s. 32. schedule 1 part 1 interpretation
1. In this Schedule, “Management Compensation Plan” means the classifications of positions of persons employed by the Crown in managerial, administrative, professional, technical, clerical, operational or confidential capacities other than the classifications of positions of persons in, (a) units of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993, (b) the deputy minister class, and (c) the Senior Management Group; “Senior Management Group” means the classes, other than the deputy minister class, of positions of persons employed by the Crown in senior management capacities and classified as positions within the Senior Management Group on or after the 1st day of January, 1991. Part II For Each Ministry Including Agencies, Boards and Commissions Reporting to the Ministry
1. Positions that are classified as being within the Senior Management Group.
2. Positions of persons who are members of the legal profession entitled to practise in Ontario, employed in a professional capacity by the Crown in positions whose classifications come within the Management Compensation Plan.
3. Branch directors.
1. Assistant Deputy Attorney General, Criminal Law Division (Ministry of the Attorney General).
2. Assistant Deputy Attorney General, Legal Services Division (Ministry of the Attorney General).
3. Chief Legislative Counsel (Office of Legislative Counsel, Ministry of the Attorney General).
4. Children’s Lawyer (Office of the Children’s Lawyer, Ministry of the Attorney General). O. Reg. 136/02, s. 10. Schedule 9 Revoked:  O. Reg. 136/02, s. 11 (2).