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:

  • when a termination of pregnancy occurs effective from the 20th week.
  • The first two days of this leave are paid, regardless of the length of uninterrupted service.

If the mother is already on maternity leave, she may not benefit from this leave.

Both parents must take this leave within 15 days of termination of pregnancy.

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 advises his/her employer of his/her absence as soon as possible.

Note

In the case of a termination of pregnancy beginning from the 20th week, a female employee is entitled to the 18 weeks of maternity leave. If the termination of her pregnancy occurs before the 20th week, the employee is entitled to the 3-week special maternity leave without pay.

Examples

TERMINATION OF PREGNANCY BEFORE THE START OF THE 20TH WEEK

Stéphanie is in the 15th week of her pregnancy when a termination of pregnancy occurs. She is entitled to a special maternity leave. This leave cannot exceed 3 weeks without pay unless her physician issues a medical certificate justifying a longer absence.

TERMINATION OF PREGNANCY STARTING FROM THE 20TH WEEK

Chloé is in the 24th week of her pregnancy when she delivers a stillborn. She is then entitled to a leave of 18 continuous weeks without pay, as if she had carried her pregnancy to term. Her spouse Alain can be absent from work for 5 days. The first two days of this leave must be paid by the employer, regardless of the length of uninterrupted service.

Frequently asked questions

  1. 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.

     

  2. Are senior managerial personnel and employees subject to the construction decree entitled to the leave for birth, adoption or interruption of pregnancy?
    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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