What the Act says
The Act respecting labour standards contains provisions concerning leaves due to the death or funeral of a loved one that protect the majority of Québec workers, whether they are full or part time.
An employee may be absent from work for:
- 5 days, including 1 day with pay, in the case of the death or funeral:
- of his spouse
- of his child
- of the child of his spouse
- of his father or mother
- of his brother or sister.
- 1 day without pay in the case of the death or funeral:
- of his son-in-law or daughter-in-law
- of his grandparents
- of one of his grandchildren
- of the father or mother of his spouse
- of the brother or sister of his spouse.
An employee of the clothing industry may be absent from work for:
- 5 days, including 3 days with pay, in the case of the death or funeral:
- of his spouse
- of his child
- of the child of his spouse
- of his father or mother
- of his brother or sister.
- 1 day with pay in the case of the death or funeral:
- of his grandparents
- of the father or mother of his spouse.
- 1 day without pay in the case of the death or funeral:
- of his son-in-law or daughter-in-law
- of one of his grandchildren
- of the brother or sister of his spouse.
The employee must notify his employer of his absence as soon as possible.
The leave may be only be taken from the day of the person’s death up to that of his funeral.
Suicide
In the case of the suicide of the spouse or child of the employee, the latter is entitled to a maximum leave of 52 weeks, without pay.
Victim of a crime
If the spouse or child of the employee dies as the result of a crime, the employee may benefit from a leave without pay of up to 104 weeks. Consult section Victim of a crime for more details.
Sections of the Act applicable to this standard
Regulation of the Act applicable to this standard
Exceptions
An employee who is on vacation, on maternity, paternity or parental leave at the time of the death or funeral is not entitled to the days of leave granted for a death or a funeral.
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
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- Indemnity
Sum of money paid to the employee either to compensate for prejudice or to compensate for a leave or certain disadvantages.
