Commission des normes, de l'équité, de la santé et de la sécurité du travail
Each parent of a newborn or newly adopted child is entitled to parental leave without pay of up to 52 weeks.
In the case of the mother, the parental leave is in addition to the maternity leave of 18 weeks. In the case of the father, it is in addition to the paternity leave of five weeks.
During parental leave, the parent does not receive any wages, but may receive Québec Parental Insurance Plan benefits for a certain number of weeks. It is important to note that termination of these benefits does not necessarily coincide with the end of the parental leave. A parent who receives his or her last benefit may still be entitled to several weeks of leave during which he or she receives no wages.
During parental leave and maternity or paternity leave, the employee must continue to participate in the group insurance and pension plans recognized at the workplace. Consequently, the employee must continue to make the contributions payable under those plans, and the employer must continue to make its usual contributions as well.
Beginning of parental leave In the case of a birth, parental leave may not begin before the week the child is born.
In the case of an adoption, parental leave may begin at the earliest
End of parental leave Parental leave ends not later than
However, under certain conditions prescribed by regulation, parental leave may end at the latest 104 weeks after the birth or, in the case of an adoption, 104 weeks after the child is entrusted to the employee (e.g., if the employee is on leave for an industrial accident).
An employee who does not report to work on the date stated in the notice provided to the employer is presumed to have resigned.
Return to work Under certain conditions, if a child is hospitalized during the parental leave, the parent and the employer may agree to suspend the leave or divide it into weeks, to allow the parent to return to work during the child's hospitalization.
At the end of the parental leave, the employer must reinstate the employee to his or her former position, with the same wages and benefits to which he or she would have been entitled had he or she remained at work.
If the position no longer exists, the employee retains the same rights and privileges to which he or she would have been entitled had he or she been at work when the position ceased to exist.
Parents of a newborn or newly adopted child subject to the Act respecting labour standards , as well as employees partially governed by the Act.
Legislation concerning parental leave came into effect on January 1, 1991.
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