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Act respecting labour standards
Section 81.5.1

Special maternity leave

Where there is a risk of termination of pregnancy or a risk to the health of the mother or the unborn child, caused by the pregnancy and requiring a work stoppage, the employee is entitled to a special maternity leave, without pay, for the duration indicated in the medical certificate attesting the existing risk and indicating the expected date of delivery.

Presumption

The leave is, where applicable, deemed to be the maternity leave provided for in section 81.4 from the beginning of the fourth week preceding the expected date of delivery.

2002, c. 80, s. 36.

Interpretation

This provision grants a special maternity leave without pay to the employee in the following two situations:

  1. where there is a risk to the health of the mother or her unborn child caused by the pregnancy;

    One must distinguish between the special maternity leave stipulated in the Act and the re-assignment stipulated in sections 40 and following of the Act respecting occupational health and safety (R.S.Q., c. S-2.1). This latter leave refers to cases where there is a danger related to the work of the employee, namely caused by the work that she performs.
  2. where there is a risk of termination of pregnancy.

    This leave applies in the case of a risk of termination of pregnancy and must not be confused with the case of actual termination of pregnancy provided for under section 81.5.2 ALS.

In both cases, the only obligation that the employee has is to give her employer a medical certificate indicating that there is a danger as well as the expected date of her delivery.

If the employee has not resumed work at the start of the fourth week preceding the expected date of delivery, her special maternity leave will become the maternity leave stipulated in section 81.4 ALS.