What the Act says

The Act respecting labour standards contains provisions concerning terminations of pregnancy that protect the majority of Québec workers, whether they are full or part time.

Both parents may be absent from work for 5 days:

  • at the time of the birth or adoption of a child
  • If the mother is already on maternity leave, she cannot profit from this leave.

The first two days are with pay if the employee is credited with 60 days of service.

The first 2 days of leave are paid no matter the length of the employee's uninterrupted service. This leave must be taken within 15 days of the child's arrival at the employee's home. This leave may be divided into days if the employee requests it. These days may also be divided into hours if the employer agrees.

In all cases, the employee must notify his employer of his absence as soon as possible.

Frequently asked questions

  1. Is an employee who adopts the child of his spouse entitled to the 5 days of leave?
    Yes. The employee is entitled to 5 days of leave, with the first 2 days paid by the employer, no matter the length of the employee's uninterrupted service.

  2. Is the length of the leave doubled if the employee gives birth to twins?
    No. The length of the leave is the same as if the employee had only one child.

  3. Are senior managerial personnel and employees subject to the construction decree entitled to the leave for birth or adoption?
    Yes. They are entitled to it, even though the major portion of the other provisions of the Act do not apply to them.

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