Act respecting labour standards Chapter IV - Larbour standards (Section 39.1 to 97)
Chapter IV - Larbour standards (Section 39.1 to 97)
Division V.1 - Family or parental leave and absences (Section 79.7 to 81.17.6)
79.2. Sections 79.9, 79.10, 79.11 and 79.12 apply if it may be inferred from the circumstances of the event that the serious bodily injury is probably the result of a criminal offence, the death is probably the result of such an offence or of a suicide, or the person who has disappeared is probably in danger.
However, an employee may not take advantage of these provisions if it may be inferred from the circumstances that the employee or, in the case of section 79.12, the deceased person was a party to the criminal offence or contributed to the injury by a gross fault.
2007, c. 36, s. 11; 2018, c. 21, s. 28.
Where there is reason to believe that it is possible or likely that:
- the serious bodily injury results from a criminal offence,
- the death results from a criminal offence,
- the death results from suicide or
- the minor child who has disappeared is in danger,
the reasons for absence mentioned in sections 79.9. 79.10, 79.11 and 79.12 ALS, namely:
- the employee’s presence is required to take care of the employee’s minor child having suffered a serious bodily injury due to a criminal offence
- the disappearance of the employee’s minor child,
- the suicide of the employee’s spouse, father, mother or child of full age, or
- the death of the employee’s spouse or child of full age due to a criminal offence
will apply, as the case may be.
Moreover, if the same circumstances tend to show that the employee or the victim (the spouse or child of full age, as the case may be) was a party to the criminal offence or that he contributed to the death or serious bodily injury through his gross fault, the employee will then not be able to benefit from any one of the absences stipulated in sections 79.9, 79.10. 79.11 and 79.12 ALS.