Definitions

1 In this regulation:

"Act" means the Health and Social Services Delivery Improvement Act;

"assign" means requiring an employee to work for a period not exceeding 30 days at a worksite other than the worksite at and from which the employee ordinarily works or to work for another health sector employer;

"comparable" means that the regularly scheduled hours of work differ by no more than 20% from the regularly scheduled hours of an employee's current position;

"employee's geographic location" means an area within a radius of 50 kilometres of the worksite at or from which an employee ordinarily works;

"transfer" means a permanent transfer to a worksite other than the worksite at or from which an employee ordinarily works or to another health sector employer.

Transfer on reorganization

2 (1) An employee transferred under section 4 (3) of the Act

(a) must not be transferred outside of the employee's geographic location without his or her consent, and

(b) is entitled to reasonable relocation expenses in accordance with the policy of the health sector employer.

(2) If functions or services are reorganized under section 4 (1) or (2) of the Act and an employee

(a) is not transferred to a worksite or to work for another health sector employer within the employee's geographic location, or

(b) declines a transfer to a worksite or to work for another health sector employer outside of the employee's geographic location

the employee is entitled to layoff notice and to bump consistent with section 9 of the Act.

(3) An employee offered a transfer outside of the employee's geographic location has 30 days from the date on which the transfer is offered to accept or decline the transfer.

(4) If functions or services are reorganized under section 4 (1) or (2) of the Act and an employee who is transferred to a worksite within the employee's geographic location refuses the transfer, the employee is deemed to have resigned 30 days after the date on which the transfer is refused.

Assignment on reorganization or temporary assignment

3 (1) An employee assigned under section 5 (a) of the Act to work outside of the employee's geographic location is entitled to reasonable expenses for accommodation, meals and related expenses in accordance with his or her collective agreement or if the collective agreement is silent on the issue, with the policy of the health sector employer.

(2) No employee may be assigned to a worksite or to work for a health sector employer outside of the employee's geographic location for more than 30 days in any 4 month period.

(3) Except for the assignment, an employee continues to have all of the rights and benefits of the collective agreement as if the employee was working at the employee's ordinary worksite.

Specific limitation on the employer's right to assign or transfer

4 (1) In this section, "member of the association" means a member of the Denominational Health Care Facilities Association identified in Appendix A to the agreement between the government and the Denominational Health Care Facilities Association dated March 16, 1995.

(2) Despite any other provision of this regulation, a person employed in a facility owned by a member of the association may decline an assignment or transfer, pursuant to section 4 or 5 of the Act, to a health sector employer that is not a member of the association.

Time limitations with respect to bumping

5 (1) An employee exercising a right to bump another employee under section 9 (d) of the Act must

(a) advise the employee's health sector employer within 48 hours after receiving the seniority list referred to in subsection (2) of his or her intention to bump an employee at the same worksite, or

(b) advise the employee's health sector employer within 7 days after receiving the seniority list referred to in subsection (2) of his or her intention to bump an employee at a different worksite.

(2) An employee who has received a layoff notice must decide whether to bump another employee, within the time set out in subsection (1), after receiving from the employee's health sector employer a list of the positions on the same seniority list occupied by employees with fewer than 5 years' seniority.

(3) An employee with greater than 5 years' seniority making a decision under subsection (2) may bump an employee with fewer than 5 years' seniority who occupies a position in a classification that entails perfoming duties the bumping employee is qualified to perform and capable of performing.

(4) An employee with fewer than 5 years' seniority making a decision under subsection (2) may bump the most junior employee whose hours of work are comparable and who occupies a position in a classification that entails performing duties the bumping employee is qualified to perform and capable of performing.

(5) If an employee bumps another employee under subsection (3) or (4), the health sector employer may assign the employee to the new position within 7 days.

(6) An employee who fails to exercise his or her right to bump under this section may be laid off anytime after 7 days from the expiry of the day on which the employee received the seniority list refered to in subsection (2).

Acute care hospitals

6 The hospitals or parts of hospitals listed in the Schedule, other than the extended care units of those hospitals or parts of hospitals, are designated as acute care hospitals for the purpose of section 6 of the Act.

Health care professionals

7 The following are designated as designated health care professionals for the purpose of section 6 of the Act:

(a) pharmacists;

(b) physiotherapists;

(c) occupational therapists.

Schedule

[ Return to: Legislative Assembly Home Page ]

Copyright © 2002: Queen's Printer, Victoria, British Columbia, Canada