What the Act says
The Act respecting labour standards contains provisions concerning births, adoptions or terminations of pregnancy 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
- when an interruption of pregnancy occurs starting from the 20th week.
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 or the termination of pregnancy.
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.
In the case of a termination of pregnancy beginning from the 20th week, a female employee is entitled to the 18 weeks of maternity leave stipulated in the Act. If the termination of her pregnancy occurs before the 20th week, the employee is entitled to the 3-week special maternity leave, without pay.
Sections of the Act applicable to this standard
Examples
Termination of pregnancy before the start of the 20th week
Stéphanie is in the 15th week of her pregnancy when a termination of pregnancy occurs. She is entitled to a special maternity leave. This leave cannot exceed 3 weeks without pay unless her physician issues a medical certificate justifying a longer absence.
Termination of pregnancy starting from the 20th week
Chloé is in the 24th week of her pregnancy when she delivers a stillborn. She is then entitled to a leave of 18 continuous weeks without pay. If she had carried her pregnancy to term, she would have benefitted from the same number of weeks for her maternity leave. As for her spouse Alain, he can be absent from work for 5 days. As he is credited with more than 60 days of service, the first two days are with pay.
How to calculate the indemnity
The calculation of the indemnity is different according to the employee’s remuneration method.
Calculation tools for the indemnity for an:
- employee at the general rate
- employee receiving tips
- employee on commission
- employee paid according to yield
You are an employee
You are an employer
Frequently asked questions
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.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.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.
- Indemnity
Sum of money paid to the employee either to compensate for prejudice or to compensate for a leave or certain disadvantages.
