All of the standards concerning absences owing to sickness, organ or tissue donation for transplant, accident or criminal offence are covered in this section, which explicitly sets out an employee’s right to be absent for these reasons. As long as the employee has three months of uninterrupted service and is absent for at most 26 weeks in 12 months, owing to the recourse set out in paragraph 1 of section 122 of the ALS, an employee who is absent for one of these reasons is protected from dismissal, suspension, transfer, discriminatory measures, reprisals or any type of sanction thus imposed.
An employee may be absent from work for a period of not more than 26 weeks over a period of 12 months, owing to sickness, an organ or tissue donation for transplant or an accident.
However, an employee may be absent from work for a period of not more than 104 weeks if the employee suffers serious bodily injury during or resulting directly from a criminal offence that renders the employee unable to hold his regular position. In that case, the period of absence shall not begin before the date on which the criminal offence was committed, or before the expiry of the period provided for in the first paragraph, where applicable, and shall not end later than 104 weeks after the commission of the criminal offence.
However, this section does not apply in the case of an employment injury within the meaning of the Act respecting industrial accidents and occupational diseases (chapter A-3.001).
2002, c. 80, a. 27; 2007, c. 36, a. 5; 2010, c. 38, s. 7.
An employee may be absent from work owing to sickness, an organ or tissue donation for transplant or accident.. He may also be absent because he has suffered a serious bodily injury due to a criminal offence that renders the employee unable to hold his regular position.
The criminal offence to which reference is made is that meant by the expression “indictable offence” used in the Criminal Code (R.S.C.), c. 46 in sections 65, 76 to 78, 80, 81, 86, 153, 155, 180, 215, 218, 220, 221, 229, 234, 239, 244 to 248, 258(1) and (4), 262, 265 to 273, 279(1) and (2), 343, 423, 430(2), 433, 436 and 437 or as recognized by the Crime Victims Compensation Act (R.S.Q., c. 1-6) in its schedule. These sections of the Criminal Code refer to offences against the person and a few against property, such as robbery and arson.
It is important that the serious bodily injury have been suffered by the employee at the time of the commission of the criminal offence or that it result from such an offence. The bodily injury corresponds to both a serious physical and mental injury and also includes a pregnancy resulting from the commission of an offence or sexual assault.
The total absences owing to sickness or accident must not exceed 26 weeks over a 12-month period. This 12-month period is calculated starting from the first absence.
In the calculation of the maximum period of 26 weeks of absence, an absence owing to another cause, such as a maternity leave, must not be considered.