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Éducaloi is a non-profit organization whose mission is to inform Quebecers of their rights and obligations by providing quality legal information in everyday language.
La loi vos droits
Clientele : Parents
Subject : Returning to Work after Parental, Maternity or Paternity Leave
Print date : February 7th, 2012
 Parents
You took a leave from work for a few months to spend time with your new baby. During your leave, your boss decided to restructure the office. He assigned you to a new task and, to make things worse, you have to take a substantial pay cut. What are your rights in this situation?
Whether you’re taking parental, maternity or paternity leave, the law protects your job and working conditions. In this Infosheet, Éducaloi explains the rights that parents have when returning from these leaves.   
If you fail to show up on the date in the written notice you gave to your employer before going on leave, your employer can presume that you have resigned.
If you want to come back before the scheduled date of your return, you must give your employer a written notice. This notice must be given to the employer at least 3 weeks before the new date of your return to work. 
Yes. It is legal for your employer to ask for a medical certificate stating that you are able to return to work so soon after the birth.
No. At the end of your leave, your employer must let you go back to the same position. He must pay you the same salary and give you the same benefits that you had before your leave.
Yes. You have a right to this salary increase and your employer must raise your wages starting on the day you return to work.
No. If your position was eliminated during your leave, your employer must treat you as though you were at work when it happened.
You’re the one who should be offered the similar position, not the person who replaced you during your leave. The employer’s actions may be considered illegal if it appears that you would have been offered the similar position had you not taken leave.
No. An employer cannot fire or punish people because they take a leave. If this happens, the law gives the employee a number of options. The employee has 45 days to file a complaint with the Commission des normes du travail (Labour Standards Commission).
Éducaloi does not provide any legal advice or counseling. The information contained in its website constitutes a general source of information and does not in any way replace the services of a lawyer or notary.
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