What the Act says

The Act respecting labour standards contains provisions concerning births or adoptions that protect the majority of Québec workers, whether they are full or part time.

Both parents may be absent from work for 5 days:

  • at the time of the birth or adoption of a child

    If the mother is already on maternity leave, she cannot profit from this leave.

The first two days are with pay if the employee is credited with 60 days of service.
The employee must take the leave in the 15 days following the child’s arrival at home. This leave may be divided into days if the employee requests it. These days may in turn be divided if the employer gives his consent.

In all cases, the employee must notify his employer of his absence as soon as possible.

Frequently asked questions

  1. Is an employee who adopts the child of his spouse entitled to the 5 days of leave?
    Yes. He has been entitled to these 5 days without pay since January 1, 2006, the first 2 days of which may be remunerated in the case of an employee credited with 60 days of uninterrupted service. Before that date, he was only entitled to 2 days of leave without pay.

  2. Is the length of the leave doubled if the employee gives birth to twins?
    No. The length of the leave is the same as if the employee had only one child.

  3. Are senior managerial personnel and employees subject to the construction decree entitled to the leave for birth, adoption or interruption of pregnancy?
    Yes. They are entitled to it, even though the major portion of the other provisions of the Act do not apply to them.

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