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Remember
• The first 2 days of the leave are paid if you have been working for more than 60
days
• The leave must be taken in the 15 days following the child’s arrival at home
or the termination of pregnancy
• You must notify your employer of your absence as soon as possible
Paternity Leave
An employee is entitled to a leave without pay of five consecutive weeks at the birth
of his child. The parental leave may be added to the paternity leave.
This paternity leave may begin no earlier than the week of the birth of the child and end
no later than 52 weeks later. The employee must notify his employer in writing at least 3
weeks before the start of his leave by indicating the anticipated starting date of the leave
and the date of his return to work. This notice period may, however, be shorter if the
child arrives before the expected date of birth.
Under the Québec Parental Insurance Plan, benefits are paid to support the income of an
employee who is absent from work because he is a new father. To learn more, get in
touch with a representative of the Centre de service à la clientèle of the Ministère de
l’Emploi et de la Solidarité sociale at 1 888 610-7727.
In certain very specific cases, at the request of the employee, the leave may be
divided into weeks if his child is hospitalized or if the employee is absent because he
himself or one of his close relatives is sick, as stipulated in sections 79.1 and 79.8 of the
Act respecting labour standards.
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 as this constitutes a reprisal within the meaning of the
Act.
Example of Hugo
Last week, Hugo’s spouse gave birth to boy, their first child. Hugo had agreed with
his employer that he would begin his 5-week paternity leave when the child was
born.
Unfortunately, Hugo’s son has to be readmitted to hospital. While the leave must be
taken on a consecutive basis, Hugo asks his employer to return to work and to
resume his paternity leave when his child returns home. Because Hugo’s child is
hospitalized, the division of his paternity leave is permitted.
Return to work
At the end of the paternity leave, the employer must reinstate the employee in his former
position and give him the wages and the benefits to which he would have been entitled
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.
An employee who does not return to work on the stipulated date is considered to
have quit his job.
Annual leaves
An absence for a paternity leave during the reference year does not reduce the length of
an employee’s vacation. The employee is entitled to an indemnity that is equal,
depending on his length of uninterrupted service, to 2 or 3 times the weekly average of
the wages earned during the reference year. It should be noted that the employee does
not accumulate vacation pay while on parental leave (5 weeks).