The Act says

The Act respecting labour standards contains provisions concerning leaves in cases of an organ or tissue donation for transplant that protect the majority of Québec workers, whether they are full or part time.

FOR THE EMPLOYEE

An employee may be absent from work:

  • for up to 26 weeks per 12-month period if he has effectuated an organ or tissue donation

In all cases of an extended absence, the employee must notify his employer as soon as possible of his absence and the reasons for it. The employer may ask the employee, notably concerning the length of the absence or its repetitive nature, for a document attesting to the reasons for his absence.

When the employee returns to work, the employer must reinstate him in his usual position and grant him the wages and the benefits that he would have been entitled to had he remained at work.

If his position has been abolished, the employee retains the same rights and privileges that he would have enjoyed had he remained at work.

However, these provisions must not give the employee an advantage that he would not have enjoyed had he remained at work.

If the employee continues to make contributions to the various group insurance and pension plans during his leave, the employer must do likewise. If the employer does not, he is liable to legal proceedings under section 122 of the Act respecting labour standards. Please note that the employee cannot benefit from these leaves if his absence is recognized as an employment injury within the meaning of the Act respecting industrial accidents and occupational diseases.

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, conjugal violence, sexual violence or a crime.

FOR THE EMPLOYEE'S LOVED ONES

SHORT-TERM ABSENCES

See the Family obligations section for more information.

Is an employer required to pay sick days to an employee who is absent?

Yes. 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, conjugal violence, sexual violence or a crime.

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