General rule
A worker may take unpaid leave in the event of illness, accident or domestic, or sexual violence or to donate an organ or tissue. However, specific conditions apply depending on the situation.
Depending on the case, the worker may be absent from work without pay:
- For up to 26 weeks within a 12- month period in cases of illness, accident, domestic or sexual violence, or organ or tissue donation;
- For up to 104 weeks if the worker has suffered serious injury as the victim of a criminal act, or was injured during a lawful intervention to prevent a criminal act.
In any such case, the Act respecting labour standards (ALS) provides that at least two days per calendar year must be paid.
Conditions governing sick leave
Sick leave and family or parental leave share several common characteristics.
- To be eligible for the two paid days of leave per year, the worker must have completed three months of continuous service.
- These days cannot be carried forward to a later year or replaced by financial indemnity.
- The business’s collective agreement or internal policy may provide for a greater number of paid leave days than the minimum set out in the Act respecting labour standards (ALS).
- If the absence results from an occupational illness or a work-related accident, the worker is covered under the Occupational Health and Safety (OHS) regime administered by the CNESST. This means the illness or accident must not stem from a workplace injury incurred in the course of employment.
- Remuneration for paid sick days is calculated in the same manner as for statutory holidays.
- The worker is required to notify the employer as soon as possible, and
- the employment relationship remains protected throughout the absence.
Returning to work after sick leave
During an absence due to illness, accident, or domestic violence, the worker’s employment relationship remains protected. Furthermore, certain adjustments may be made to facilitate their return to work.
In principle, upon returning from leave, the worker has the right to resume their regular position under the same conditions as if they had remained at work. If their position no longer exists at the time of return, they nonetheless retain all associated rights and benefits.
If the absence resulted from a serious physical injury caused by a criminal act, the worker may return to work part-time or intermittently, with the employer’s agreement and for the duration originally allowed for the absence.
When may an employer require a medical
certificate?
There are two situations in which an employer may request proof of medical absence, such as a doctor’s note:
- From the fourth short-term absence (of three consecutive days or fewer) within a 12- month period;
- As soon as an absence exceeds three consecutive days, even if it is the first absence within those 12 months.
Conversely, for the first three short absences (each lasting up to three consecutive days) in any 12-month period, the employer may not require a medical certificate.
