What the Act says

The Act respecting labour standards protects the majority of Québec workers, whether they are full or part time, in case of absence of family or parental obligations.

RELATIVE OF THE EMPLOYEE

“Relative” refers to the employee’s child, their spouse, father, mother, brother, sister and grandparents as well as those persons’ spouses, their children and their children’s spouses.

The following are also considered to be an employee’s relative:

  • a person having acted, or acting, as a foster family for the employee or the employee’s spouse
  • a child for whom the employee or the employee’s spouse has acted, or is acting, as a foster family
  • a tutor or curator of the employee or the employee’s spouse or a person under the tutorship or curatorship of the employee or the employee’s spouse
  • an incapable person having designated the employee or the employee’s spouse as mandatary
  • any other person in respect of whom the employee is entitled to benefits under an Act for the assistance and care the employee provides owing to the person’s state of health

SHORT-TERM ABSENCES

An employee may be absent from work for 10 days per year, without pay:

These leaves may be divided into days. Days may also be divided with the employer’s authorization.

The employee must notify his employer as soon possible and take all means to limit the taking and duration of these leaves. The employer may ask the employee for a document certifying the reasons for his absence, particularly regarding the length of the absence.

Paid absences

After 3 months of uninterrupted service, an employee may benefit from a total of 2 days of paid absence per year:

  • to take care of a relative or person with whom he or she acts as an informal caregiver,
  • in case of sickness,
  • for organ or tissue donation,
  • following an accident, domestic violence, sexual violence or a crime

EXTENDED ABSENCE

An absent from work, without pay, regardless of the length of his uninterrupted service:

  • 16 to weeks over a period of 12 months when his presence is required owing to an accident or serious illness involving a relative of the employee or a person for whom he acts as a natural caregiver, as must be certified by a professional working in the health and social services community.
  • up to 27 weeks over 12 months if the seriously ill person suffers from a potentially fatal illness, certified by a medical certificate, and up to 104 weeks if this person is the employee's minor child
  • up to 36 weeks over 12 months if the seriously ill person or accident victim is a minor child For other information related to absences for family reasons, see the Death, disappearance or suicide section or the Victim of a crime and his family circle section.

Is an employer required to pay sick days to an employee who is absent to fulfill a family or parental obligation?

Yes. The employer must pay a total of 2 days per year to the employee, after 3 months of uninterrupted service, if the employee is absent for the following reasons:

  • to take care of a relative or person with whom he or she acts as an informal caregiver,
  • in case of sickness,
  • for organ or tissue donation,
  • following an accident, domestic violence, sexual violence or a crime

PROFESSIONALS WHO CAN CERTIFY THAT A PERSON ACTS AS A NATURAL CAREGIVER

To obtain a natural caregiver certificate, the employee must address a professional working in the health and social services sector. Such a certificate may be obtained from the following professionals, in particular:

  • occupational therapist
  • nurse
  • physician
  • speech therapist
  • physiotherapist
  • psychologist
  • psychoeducator
  • midwife
  • marital or family therapist
  • physical rehabilitation specialist
  • social worker

These specialists may use the form Certificate of a person acting as a natural caregiver.

 

 

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