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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 81.1

Absence for birth or adoption

An employee may be absent from work for five days at the birth of his child, the adoption of a child or where there is a termination of pregnancy in or after the twentieth week of pregnancy. The first two days of absence shall be remunerated if the employee is credited with sixty days of uninterrupted service.

Division of leave

This leave may be divided into days at the request of the employee. It may not be taken more than fifteen days after the child arrives at the residence of its father or mother or after the termination of pregnancy.

Notification

The employee must advise his employer of his absence as soon as possible.

1990, c. 73, s. 34; 2002, c. 80, s. 31; 2005, c. 13, s. 83; O.C. 984-2005.

 

 

Interpretation

The leave is for five days, two of which are remunerated, if the employee is credited with 60 days of uninterrupted service within the meaning of paragraph 12 of section 1 ALS. An employee who is not credited with 60 days of uninterrupted service will be entitled to five days of leave, but without pay.

Starting from  January 1, 2006, the employee who adopts the child of his spouse can also benefit from this leave. In the past, such an employee was only entitled to two days of leave, without pay.

At the request of the employee, this leave may be divided into days during a period of fifteen days following the  arrival of the child at the residence or termination of pregnancy.

The employee is under the obligation to notify his employer of his absence as soon as possible. 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.

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