Commission des normes, de l'équité, de la santé et de la sécurité du travail
An employee is entitled to five consecutive weeks of paternity leave without pay on the birth of his child. The leave cannot be transferred to the mother and cannot be divided between the parents.
Paternity leave may be taken at any time, but cannot begin before the week of the birth and must not end later than 52 weeks after the birth.
Under certain conditions, if a child is hospitalized during the paternity leave, the father and his employer may agree to suspend the leave or divide it into weeks, to allow the father to return to work during the child's hospitalization.
An employee who, before the end of his leave, provides his employer with a notice and a medical certificate attesting that the state of health of the child requires an extended leave, is entitled to an extension for the duration indicated on the medical certificate.
During paternity leave, the employee must continue to participate in the group insurance and pension plans recognized at the workplace. Consequently, he must continue to make the contributions payable under those plans, and the employer must continue to make its usual contributions as well.
Annual leave Absence for a paternity leave does not reduce an employee’s annual leave. The employee is entitled to an indemnity equal to, depending on the length of his uninterrupted service, two or three times the weekly average of the wages earned during the reference year.
Return to work after paternity leave At the end of a paternity leave, the employer must reinstate the employee to his former position, with the same wages and benefits to which he would have been entitled had he remained at work.
If his position no longer exists, the employee retains the same rights and privileges to which he would have been entitled had he been at work when the position ceased to exist.
Employees subject to the Act respecting labour standards, as well as certain employees partially governed by the Act.
An employee is entitled to Québec Parental Insurance Plan benefits during a paternity leave. These benefits replace those formerly available to new parents in Québec under the federal Employment Insurance Program.
The paternity leave came into effect on January 1, 2006.
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