If the child is hospitalized during the maternity, paternity or parental leave, the leave may be suspended, following an agreement with the employer, to allow the employee to return to work during the hospitalization.
In addition, an employee who, before the expiry date of the leave, sends the employer a notice accompanied by a medical certificate attesting that the state of health of the child or, in the case of a maternity leave, that the state of health of the employee requires it, is entitled to an extension of the leave for the duration indicated in the medical certificate.
2005, c. 13, s. 86; O.C. 984-2005.
This provision concerns possible cases of suspension and extension of the maternity, paternity or parental leave that are in addition to those stipulated in sections 81.4 and 81.4.1 ALS.
This new section basically takes up the second and third paragraphs of section 81.5 ALS which already provided for the suspension and the extension of the maternity leave. Since January 1, 2006, the legislator also permits the suspension and extension of the paternity and parental leave.
Provision is made for the suspension of a leave to allow the employee to return to work if the child must be hospitalized for the duration of the leave. Suspension requires an agreement with the employer.
If an employee decides not to return to work during the hospitalization of his child, for example in the case where this hospitalization is of short duration, the employee will be able to avail himself of the division of the leave stipulated in section 81.14.1 ALS.
An extension of the maternity, paternity and parental leave is also possible if the health of the employee’s child requires it. In the case of the maternity leave only, the extension is possible if the mother’s state requires it.
In all cases, the employee must submit a medical certificate to his employer prior to the expiry of his leave. The length of the extension will be that indicated on this certificate.
See the interpretation of section 81.5 ALS.