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Employees - Labour standards

Leaves of Absence for Personal and Family Reasons

Julie has worked for a restaurant for 3 years. She just found out that her father was killed in a car accident last night. She would like to take time off to be with her mother and to take care of funeral arrangements. But her employer tells her that she better show up to work, or else he'll fire her – after everything she has been through already! Does he have the right to do this?

Life is full of family events that can force or, at least, encourage people to take time off from work: the birth or adoption of a child, the death of a family member, pregnancy-related appointments, a family member’s wedding, tragic events, etc. The law takes all of these constraints into account.

In this Infosheet, Éducaloi explains the time you're allowed to take off for such family events.

How much time can I take off from work if a relative dies?

You have the right to take 1 day off at your employer’s expense (paid leave) and 4 other days at your own expense (unpaid leave), if the person who died is a member of your immediate family (child, spouse, child of a spouse, father, mother, brother or sister).

You have the right to take 1 year of unpaid leave from your job if your child or your spouse committed suicide. You also have the right to take a 2-year leave from your job, without pay, if your child or your spouse died due to a criminal offence.

If the person who died is your son-in-law, daughter-in-law, grandparent, grandchild or your spouse’s father, mother, brother or sister, the law also allows you to take 1 day off from work, without pay.

The amount of time that you are allowed take off from work due to a death is different if you work in the clothing industry. For more information, consult the website of the Commission des normes du travail  (http://www.cnt.gouv.qc.ca/en/leaves-and-absences/family-events/death-suicide/index.html).

Can I take a day off from work to get married or to attend a relative’s wedding?

Yes. On the day of your wedding or civil union, you can take a paid day off.

You can also be absent for the wedding or civil union of one of your children, your father, mother, sister or brother, or of the child of your spouse. In these cases, you will not be paid for this day off.

For all of these events, don’t forget to notify your employer at least 1 week in advance.

How many days a year can I be absent from my job in order to fulfill obligations related to my children’s care, health, or education?

You can be absent from work, without pay, for 10 days a year to fulfill obligations related to the care, health, or education of your children or your spouse’s children, or due to the state of health of your spouse, father, mother, brother, sister, or grandparent.

For example, you can be absent from work if your child is ill and must see a doctor. If you only need 1/2 a day off, you can take just 1/2 a day off, as long as your employer agrees.

Moreover, you have the right to be absent from work for 12 weeks per year, without pay, when you need to be with your child, spouse, spouse’s child, father, mother, brother, sister or grandparent, due to a serious illness or a serious accident.

You can extend this leave for up to 104 weeks (unpaid) if the person suffering from a serious and potentially fatal illness is your minor child (less than 18 years old).

You are also entitled to take this leave of 104 weeks in order to care for your minor child who was seriously injured as a result of a crime.

Your employer cannot punish you for being absent for these reasons. For more information on this subject, read our Infosheet entitled Prohibited reasons for firing and imposing sanctions  (http://www.educaloi.qc.ca/en/loi/employees/326/).

How many days can I take off for pregnancy-related examinations, and will I be paid for those days?

You may take as many days off as needed for pregnancy-related examinations, whether they are to be conducted by a midwife or a physician. However, you will not be paid for these days.

Again, you must notify your employer as soon as possible. For more information, you can consult the Infosheet entitled Maternity leave  (http://www.educaloi.qc.ca/en/loi/parents/84/).

Upon the birth or adoption of my child, how many days can I take off?

At the birth or adoption of your child, you are entitled to be absent from work for 5 days. If a pregnancy terminates (through miscarriage or abortion) during or after the 20th week, the woman and her spouse can also take this leave.

The 2 first days are paid if the worker has been working for at least 60 consecutive days for the same employer. The other days are unpaid. If you have been working for the same employer for less than 60 days, you can also be absent from work for 5 days, but all 5 days will be unpaid.

To take leave, you need to notify your employer as soon as possible, and you have to take the leave in the 15 days following the event. You may separate the 5 days if you want to. To learn more, visit the website of the Commission des normes du travail  (http://www.cnt.gouv.qc.ca/en/leaves-and-absences/family-events/birth-adoption-or-termination-of-pregnancy/index.html).

There are also parental, paternity, and maternity leaves that may be added to, or replace, the above kinds of family leave. To find out more, read the Infosheets entitled Parental leave,  (http://www.educaloi.qc.ca/en/loi/parents/85/) Maternity leave  (http://www.educaloi.qc.ca/en/loi/parents/84/) and Paternity Leave  (http://www.educaloi.qc.ca/en/loi/parents/374/).

Would I be allowed to take time off if I were injured as a result of a criminal act?

Yes. You are allowed to take up to 2 years off from work if you are seriously injured in a crime against the person and, as a result, are unable to work normally.

The concept of “injury” includes physical and psychological injuries, as well as a pregnancy resulting from a sexual assault. This concept applies to the immediate victim of the crime as well as to the person who got injured while trying to help the victim, arrest the suspect, or help the police arrest the suspect.

You must alert your employer as soon as possible about your absence and its reasons. If you extend your absence, your employer has the right to ask for a document justifying your absence, such as a doctor’s note or a police report.

Am I allowed to take time off from work if my child is reported as missing?

Yes. You have the right to take an unpaid leave of 52 weeks (1 year) if your child is missing.

Useful Links :

1. Website of the Commission des normes du travail  [http://www.cnt.gouv.qc.ca]