Leave for parental or family reasons
W W orkers may take leave for parental or family reasons, whether for short or extended periods, while maintaining their employment relationship.
In the case of short-term absences, workers are entitled to ten days of leave per year to fulfil responsibilities related to:
- The care, health and education of their child or their spouse’s child;
- The health of a family member or anyone for whom they act as a caregiver.
However, not all of these 10 days are paid.
After three months of continuous service, only two days’ absence per fiscal year are paid, calculated in the same manner as statutory holidays.
The remaining eight days are unpaid, unless the employer’s internal policy or a collective agreement provides for additional paid leave beyond the legal minimum provided for by the ALS.
These days may be divided into half-days, or even hours, at the employer’s discretion: some employers may accept this, while others may require workers to take a full day off.
When the employer authorizes the division of days into half-days or hours, the calculation is made in hours of wages.
If the employer does not agree to this division, the worker may take unpaid leave and then keep their two paid absence days in their bank. These days cannot be carried over to another fiscal year or replaced by an indemnity.
- 1 paid day
- In the event of the death of an immediate family member: 1 day of unpaid leave
5 days, including 2 paid
3 consecutive weeks
10 days, including 2 paid
5 days, including 2 paid
The right to 10 days’ absence for family or parental reasons is universal, and cannot vary according to employment status (full-time, part-time, on-call, etc.).
In the case of extended absences, the worker is entitled to be absent (over a 12-month period): •
- Up to 16 weeks to accompany a family member or the person for whom they are caring for, in the event of accident or serious illness.
- Up to 27 weeks if the same person has a life-threatening illness.
- Up to 36 weeks if their minor child suffers from a serious illness or a serious accident.
The absence may be extended up to 104 weeks if their minor child suffers from a life-threatening illness, supported by a medical certificate.
The worker must inform their employer of their absence as soon as possible, and minimize its duration. The employer may, for their part, request a document justifying the absence – other than a medical certificate.
- In principle: 16 weeks without pay over a 12-month period
- If the person is suffering from a serious illness: 27 weeks
- Minor child: 36 weeks
- Minor child suffering from a serious/fatal illness: 104 weeks
Maximum 104 weeks, without pay (return within 11 days of the day the child is found)
Maximum 104 weeks, without pay
Maximum 104 weeks, without pay
Leave related to the birth of a child
Parents listed on the birth certificate of a newborn (including a child born through surrogacy) and individuals adopting a child are entitled to unpaid parental leave of up to 65 weeks.
A five-day leave, of which two days are paid, is also provided for parents (biological, adoptive, or surrogate mothers) at the time of the birth of an adopted or surrogate child, or in the event of a pregnancy termination occurring after the 20th week.
Maternity leave is a right reserved for individuals who are pregnant or who have given birth, regardless of their length of continuous service. The employment relationship is protected during this period. It is unpaid, but the employer must continue to pay contributions if the worker does the same. This leave may begin up to 16 weeks before the expected delivery date, and extend up to 20 weeks after the birth, for a maximum duration of 18 consecutive weeks – even in cases involving multiple births or pregnancies. The parent may be eligible for benefits under the Quebec Parental Insurance Plan.
Paternity leave is intended for the parent who did not give birth to the child, regardless of the length of their continuous service. In the case of adoption or birth (including surrogacy), the parent is entitled to five consecutive weeks of unpaid leave. This leave cannot, under any circumstances, be transferred to or divided with the person who gave birth. As with maternity leave, the parent may be entitled to Quebec Parental Insurance Plan benefits, and the employer must continue to pay contributions if the worker does.
Parents of a newborn or adopted child are also entitled to unpaid parental leave of up to 65 weeks, regardless of the number of children concerned. The employer is required to grant this leave, and the employment relationship is maintained throughout its duration. Those on parental leave may also qualify for Quebec Parental Insurance Plan benefits.
If the health of the parent or child requires it, a parent may ask the employer to suspend, extend, or divide their parental leave into separate weeks.
Since this leave is unpaid from the employer’s standpoint, a public income support program—the Québec Parental Insurance Plan (QPIP)—exists for either parent who takes leave following the birth or adoption of a child.
The For a Safe Maternity Experience Program
When a pregnant or breastfeeding worker works in conditions that pose a risk to her health or that of her child, the For a Safe Maternity Experience (PMSD) program allows her to be reassigned to another position or set of duties—or, if reassignment is not possible, to take temporary preventive withdrawal from work.
Eligibility conditions apply, and certain categories of workers are excluded from the For a Safe Maternity Experience Program.
Returning to work after family or parental leave
Each category of leave has its own framework for returning to work following a birth or delivery. The employment relationship is protected throughout the absence.
At the end of maternity leave, the worker must be reinstated in her position, with the same salary and benefits as set out in her employment contract. If the position was abolished during the leave, the worker is entitled to the same treatment as if she had not been absent. Maternity leave is included in the calculation of annual vacation pay. If the worker does not return to work on the scheduled date, the employer may consider this as a resignation.
A return following paternity leave also preserves the employment relationship and includes the same provisions regarding the calculation of annual vacation pay.
In both cases, the duration of parental leave—which may follow maternity or paternity leave (excluding surrogate mothers)—is not included in the calculation of annual vacation pay.
