Paternity leave is offered to a biological father after the birth of his child. The law allows the father to take a maximum leave of 5 weeks.

Paternity leave can be taken before or after parental leave.

Paternity leave is established by An Act Respecting Labour Standards. Only workers governed by this law can take this leave. For more information consult the Infosheet entitled An Act Respecting Labour Standards.

It is entirely up to self-employed workers to decide whether or not they will stop working after their child’s birth or how long their leave will be. Since January 1st, 2006, self-employed workers also have the right to receive paternity benefits, if they meet certain requirements.

Yes. Parental leave is offered to both parents of a child, whether they are biological parents or adoptive parents. It lasts for a maximum of 52 weeks.

Paternity leave can only be taken by the biological father (not the adoptive father), and it lasts for a maximum of 5 weeks.

The earliest that you can begin your paternity leave is the week of your child’s birth. You can choose to take it later, but it must finish at the latest fifty two (52) weeks after the week of the birth.

Be careful not to mix up the right to paternity leave without pay in the Act respecting labour standards with the parental benefits under the Quebec Parental Insurance Plan, which offers income to a father who takes his paternity leave (See the question "Am I eligible for paternity benefits under the Quebec Parental Insurance Plan?").

The five (5) weeks (maximum) of parental leave must be taken consecutively. However, the new father can receive his paternity benefits whenever he wants to, so long as they are fully paid by the 52nd week after the birth, at the latest. For example, he could receive 3 weeks of benefits at the birth of the child and then stop receiving benefits until a later date, when he knows that he will have a greater need for the money (such as during the holidays).

The leave, as outlined in the Act respecting Labour Standards, is without pay. However, you can, in certain cases, receive benefits from the Quebec Parental Insurance Plan during your paternity leave.

There are two types of benefits: the basic plan and the special plan. If you choose the basic plan, you receive 70% of your gross weekly income over 5 weeks (up to a maximum insurable amount). If you choose the special plan, you receive 75% of your gross weekly income over 3 weeks (up to a maximum insurable amount).

These benefits are only for the father. They cannot be transferred to the mother if the father decides not to take advantage of them. Unlike the old regime, you do not have to wait two weeks to receive your benefits.

The parents should together choose the type of plan, as this choice also determines the plan for the maternity leave and the parental leave. Once the decision is made, the type of plan cannot be changed, even if the parents are no longer together.

In order to be eligible for paternity benefits, you have to meet certain requirements such as:

• paying premiums to the parental insurance plan;
  
• having stopped working or experiencing a reduction of at least 40% of your salary;
  
• having a child born on or after January 1st, 2006;

Self-employed workers are eligible to the same leave as employees although they must meet slightly different requirements.

For parents of children born before January 1st, 2006 or who were already receiving benefits before this date, the federal employment insurance regime will continue to apply.

Yes. Even if as senior management you cannot normally make claims under the Act respecting Labour Standards, in this case, you also have the right to 5 weeks of paternity leave without salary.

Yes, you can work during your paternity leave. However, all income over $50 per week (or 25% of the value of your benefits if they are of $200 or more per week) will be deducted from your paternity benefits.