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)
A period of absence under sections 79.9 to 79.12 shall not begin before the date on which the criminal offence that caused the serious bodily injury was committed or before the date of the death or disappearance and shall not end later than 104 weeks after that date. However, during the period of absence, the employee may return to work intermittently or on a part-time basis if the employer consents to it.
If, during the same 104-week period, a new event occurs, affecting the same child and giving entitlement to a new period of absence, the maximum period of absence for the two events may not exceed 104 weeks, from the date of the first event.
2007, c. 36, s. 11 2018, c. 21, s. 29.
The period of absence relates to:
- the need for the employee to be present with the employee's minor child having suffered a serious bodily injury due to a criminal offence (s. 79.9 ALS);
- the disappearance of the employee’s minor child (s. 79.10 Section 79.11ALS)
- the death of the employee’s minor child (s. 79,10.1 ALS)
- the suicide of the employee’s spouse, father, mother or child of full age (s. 79.11 ALS)
- the death of the employee’s spouse, or child of full age due to a criminal offence (s. Section 79.10 79.12 ALS)
shall start not later than the date of the commission of the criminal offence, the death or the disappearance and shall end no later than 104 weeks after this date.
During the period of absence stipulated in sections 79.9 to 79.12 ALS, the employer may, at the employee’s request, allow him to resume work on a part-time or intermittent basis.
It is also stipulated that if, during such an absence, another event that would normally give entitlement to a second absence under sections 79.9 to 79.12 occurs, the maximum period of absence for the two events may not exceed 104 weeks from the date of the first event.
To clearly understand the situations in question, let’s take the following example. If the employee is absent for one of the reasons mentioned in sections 79.10 and 79.11 ALS and one of the events mentioned in sections 79.10 and 79.12 occurs, the employee will then be entitled to a maximum of 104 weeks from the date of the event giving entitlement to the absence stipulated in section 79.10 or 79.11 ALS.