Part I - Act respecting labour standards
CHAPTER IV - Labour standards
An employee may be absent from work, without pay, for 10 days per year to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of the employee’s spouse, father, mother, brother, sister or one of the employee’s grandparents.
The leave may be divided into days. A day may also be divided if the employer consents thereto.
The employee must advise the employer of his absence as soon as possible and take the reasonable steps within his power to limit the leave and the duration of the leave.
2002, c. 80, s. 29.
This section takes up in part the former section 81.2, which was replaced. It covers a greater number of family situations and permits a longer period of absence, now ten days per year. The leave is taken without pay.
The employee is required to notify the employer as soon as possible of the absence and to take the reasonable means at his disposal to limit the taking and the duration of the leave. When speaking of "as soon as possible", it is important to take into account the employee’s situation and the specific circumstances of each case. The employee has the right to divide this leave into days. With the employer’s consent, the days may also be divided.
The obligations referred to under this provision are those related to the care, health or education of his child or the child of his spouse. Unlike as had been the case prior to May 1, 2003, it is no longer necessary for the child to be a minor and the spouse’s child is now included. The employee may also be absent owing to the state of health of other members of his family, namely his spouse, his father, his mother, his brother, his sister or one of his grandparents.
It should be noted that the absence authorized for a reason related to the state of health of the persons mentioned in this provision must be directly related to their state of heath. For example, the employee’s father goes on a trip and his state of health requires that someone accompany him. The employee could not justify an absence to accompany him under section 79.7 of the Act, as under these circumstances, the reason for the absence is a "trip" and not an absence "because of the state of heath". However, it is clear that this provision applies to an absence to accompany a close relative who must travel to receive care and who requires assistance.