Paternity leave


To make sure that you are applying the standard correctly, you must:

  • grant a paternity leave of 5 consecutive weeks to an eligible employee who requests it. This leave begins no earlier than the week of the child’s birth and ends no later than 52 weeks after it
  • when the employee returns to work, reinstate him in his former position and grant him all the advantages that he enjoyed before going on leave
  • recognize the rights that the employee had before the leave, even if the position no longer exists. If the position no longer exists due to permanent or temporary lay-offs, the employee has the same rights as the other employees in the same situation

If the employee continues to pay contributions to the various group insurance and retirement plans during his leave, you must do likewise. If you do not, you may be subject to legal proceedings under section 122 of the Act respecting labour standards.

To learn more, consult the Human Resource Management Guide.

In case of disagreement

Meet with your employee

Clarify the situation and, wherever possible, resolve the problem.

If the initiative comes from your employee, keep in mind that the Act prohibits you from exercising any form of reprisals against him.

Get informed

Get in touch with the Service des renseignements by telephone or e-mail, if necessary.

By acting promptly, you will limit the risks of having a complaint filed against you with the Commission des normes, de l'équité, de la santé et de la sécurité du travail. It is in your interest and that of your employee.

If the problem is not resolved, a complaint for a prohibited practice may be filed against you. In this case, a mediator will contact you. Failing agreement, the complaint will be heard by the Commission des relations travail.

When a complaint is filed

When a complaint is filed