Commission des normes, de l'équité, de la santé et de la sécurité du travail
The Act respecting labour standards grants an employee a certain number of leaves for family obligations, that are paid or not, depending on the case.
Medical examinations related to pregnancy An employee may be absent from work, without pay, for examinations related to her pregnancy.
Birth or adoption An employee may be absent from work for five days at the time of the birth of the employee’s child, or the adoption of a child, including the spouse’s child, or when there is a termination of pregnancy in or after the 20th week of pregnancy. If the pregnancy is interrupted before the 20th week, the employee is entitled to special maternity leave for three weeks without pay.
This leave may be divided into days at the employee’s request. It must be taken in the 15 days following the child’s arrival at the home or, if applicable, following the termination of the pregnancy.
Maternity leave Generally, an employee is entitled to maternity leave under the provisions of the Act respecting labour standards. This entails leave without pay of not more than 18 consecutive weeks.
Paternity leave An employee is entitled to paternity leave without pay of not more than five consecutive weeks.
Parental leave The father and mother of a newborn and a person who adopts a child are entitled to parental leave without pay of up to 52 consecutive weeks.
An employee who takes maternity, paternity or parental leave may receive benefits under the Québec Parental Insurance Plan, which came into effect on January 1, 2006.
Death or a funeral An employee may be absent from work for a certain number of days due to the death or funeral of a family member.
Marriage or civil union An employee may be absent from work
Leave for family obligations - short-term absences An employee may be absent from work, without pay, for 10 days per year to fulfil obligations related to the care, health or education of his or her child or the child of his or her spouse, or because of the state of health of the employee’s spouse, father, mother, brother, sister or grandparent.
The leave may be divided into days. A day may also be divided, with the employer’s consent.
Leave for family obligations - extended absences An employee with three months of continuous service may be absent from work, without pay, for an extended period if he or she must stay with his or her child, spouse, spouse’s child, father or mother, father’s or mother’s spouse, brother, sister or grandparent because of a serious accident or illness.
The absence from work, without pay, may not exceed 12 weeks over a 12-month period. It may be divided into weeks, according to the employee’s need. It cannot be for less than one week.
In addition, if the employee’s minor child has a serious and potentially mortal illness, attested by a medical certificate, the employee is entitled to extend the absence beyond 12 weeks, but the total absence cannot exceed 104 weeks.
Absences owing to a criminal offence An employee may be absent from work following a tragic event.
An employee whose minor child has disappeared may be absent from work, without pay, for up to 52 weeks.
Absence from work, without pay, may be for up to 104 weeks for the following persons:
Employees covered by the Act respecting labour standard.
The Act to amend the Act respecting labour standards with regard to absences and leave was assented to on December 18, 2007.
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