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Guide Interpretation

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Part I - Act respecting labour standards

CHAPTER IV - Labour standards

Family or parental leave and absences

Sections
79.6.1
79.7
79.8
79.8.1
79.9
79.10
79.10.1
79.11
79.12
79.13
79.14
79.15
79.16
80
80.1
80.2
81
81.1
81.2
81.2.1
81.3
81.4
81.4.1
81.5
81.5.1
81.5.2
81.5.3
81.6
81.7
81.8
81.9
81.10
81.11
81.12
81.13
81.14
81.14.1
81.14.2
81.15
81.15.1
81.16
81.17
81.17.1
81.17.2
81.17.3
81.17.4
81.17.5
81.17.6

Section 79.7

Family responsabilities

An employee may be absent from work for 10 days per year to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of a relative or a person for whom the employee acts as a caregiver, as attested by a professional working in the health and social services sector governed by the Professional Code (chapter C-26).

Divided leave

The leave may be divided into days. A day may also be divided if the employer consents thereto.

If it is warranted, in particular due to the duration of the absence, the employer may request that the employee furnish a document attesting to the reasons for the absence.

Notice of employer

The employee must advise the employer of his absence as soon as possible and take the reasonable steps within his power to limit the leave and the duration of the leave.

The first two days taken annually are remunerated according to the method of calculation provided for in section 62 with the necessary adjustments in the case of a divided leave. This right to remunerated days applies when the employee justifies three months of continuous service, even if he was absent previously.

Interpretation

This section takes up in part the former section 81.2, which was replaced. It covers a greater number of family situations and permits a longer period of absence, now ten days per year. The first two days taken annually are remunerated according to the method provided for in section 62 ALS when the employee justifies three months of continuous service, even if he was absent previously.

The employee is required to notify the employer as soon as possible of the absence and to take the reasonable means at his disposal to limit the taking and the duration of the leave. When speaking of "as soon as possible", it is important to take into account the employee’s situation and the specific circumstances of each case. The employee has the right to divide this leave into days. With the employer’s consent, the days may also be divided.

The obligations referred to under this provision are those related to the care, health or education of his child or the child of his spouse. Unlike as had been the case prior to May 1, 2003, it is no longer necessary for the child to be a minor and the spouse’s child is now included. The employee may also be absent owing to the state of health of a relative or a person for whom the employee acts as a caregiver, as attested by a professional working in the health and social services sector governed by the Professional Code.

It should be noted that the absence authorized for a reason related to the state of health of the persons mentioned in this provision must be directly related to their state of health. For example, the employee’s father goes on a trip and his state of health requires that someone accompany him. The employee could not justify an absence to accompany him under section 79.7 of the Act, as under these circumstances, the reason for the absence is a "trip" and not an absence "because of the state of health". However, it is clear that this provision applies to an absence to accompany a close relative who must travel to receive care and who requires assistance.

 

2002, c. 80, s. 29.

 

 

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