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Guide Interpretation

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Part I - Act respecting labour standards

CHAPTER V - Recourses

Recourse against certain differences in treatment

Sections
121.1
121.2
121.3
121.4
121.5
121.6
121.7
121.8
122
122.1
122.2
123
123.1
123.2
123.3
123.4
123.5

Section 123.2

Presumption

The presumption resulting from the application of the second paragraph of section 123.4 shall continue to apply for not less than 20 weeks after the employee has returned to work at the end of a maternity or paternity leave or parental leave.

1990, c. 73, s. 58; 2002, c. 80, s. 66; O.C. 984-2005.

Interpretation

The presumption that an employer indulged in a forbidden practice with regard to an employee who took a maternity leave, paternity leave or parental leave continues to apply for at least 20 weeks after that employee has returned to work. Such employee may therefore take advantage of the recourse set out in section 122 ALS during the leave, upon returning to work and for at least 20 weeks following the employee’s return to work. The employee will be able to continue to benefit from presumption even beyond the 20th week if there is concomitance between the prohibited practice and the sanction imposed.

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