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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 79.8

Illness or accident

An employee may be absent from work for a period of not more than 12 weeks over a period of 12 months where he must stay with his child, spouse, the child of his spouse, his father, his mother, the spouse of his father or mother, his brother, his sister or one of his grandparents because of a serious illness or a serious accident.

Extension

However, if a minor child of the employee has a serious and potentially mortal illness, attested by a medical certificate, the employee is entitled to an extension of the absence, which shall end at the latest 104 weeks after the beginning thereof

2002, c. 80, s. 29; 2005, c. 13, s. 82; O.C. 984-2005; 2007, c. 36, s. 10.

Interpretation

Since May 1, 2003, an employee who is credited with three months of uninterrupted service may be absent for not more than 12 weeks over a 12-month period when his presence is required with certain members of his family owing to a serious illness or a serious accident. To benefit from this leave, the illness or the accident must affect one of the following members of the employee’s family: his child, his spouse, the child of his spouse, his father, his mother, the spouse of his father or mother, his brother, his sister or one of his grandparents. The 12-month period is calculated beginning from the first absence.

The permitted absences must be seen in terms of weeks. The employee is free to divide the 12-week period into weeks according to his needs. This leave is taken without pay.

It should be noted that sections 79.7 and 79.8 ALS concern different reasons for an absence. An employee could be absent 10 days under section 79.7 ALS without affecting his right to the leave stipulated in section 79.8 ALS.

Minor child having a serious illness that is potentially mortal

The legislator allows an employee to be absent beyond the 12-week period when his minor child has a serious illness that is potentially mortal. The total duration of the absence must not be more than 104 weeks (including the 12-week period), calculated from the first day of absence. The absence may be divided, but if such is the case, it must be taken within a maximum period of 104 weeks. To benefit from such an extension, the seriousness of the illness must be attested by medical certificate.

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