        Evaluation
You found this Infosheet to be:
 |
 Parents
Congratulations! You’re a father! The next couple of weeks hold the promise of excitement (and exhaustion!). You don’t want to miss a single moment with Junior…except…you are not sure if you have the right to take time off.
In this Infosheet, Éducaloi explains to you the concept of paternity leave, who can take advantage of it, as well as what to expect in terms of paternity leave benefits under the Québec Parental Insurance Plan.   
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, or a leave for family events. To learn more about these leaves, consult our Infosheets Leaves for family events and Parental leave. 
No. Paternity leave is established by An Act Respecting Labour Standards. Only the workers covered by this law have a right to paternity leave. To learn if you are covered, consult our Infosheet Labour Standards in Quebec.
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 subscribe to the Québec Parental Insurance Plan.
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.
You must advise your employer at least 3 weeks before the date of your leave. If the baby decides to arrive early, the 3 week notice period can be shortened. In general, the leave is taken continuously for up to 5 weeks. Remember that it is a leave, and not an obligation. You can decide to shorten it, or not to take it at all. Nothing stops you from coming to an agreement with your employer to divide your leave and take it in several smaller blocks of time. 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 Québec Parental Insurance Plan, which offers income to a father who takes his paternity leave. See next question.
Your employer is not responsible to pay your salary during your paternity leave. However, you can, in certain cases, receive benefits from the Québec Parental Insurance Plan during your paternity leave. You must apply for these benefits.
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. 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.
You can start receiving paternity benefits, at the earliest, on the week on which your child is born. You could also choose to receive them on another date, so long as they are fully paid by the 52nd week after the birth, at the latest.
For example, a new father could receive 3 weeks of benefits during his leave 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).
In order to be eligible for paternity benefits, you have to meet certain requirements such as:
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, 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.
|
