Act respecting labour standards Chapter IV - Larbour standards (Section 39.1 to 97)

Section 79.2, the first paragraph of section 79.3 and sections 79.4, 79.5 and 79.6 apply to periods of absence under sections 79.8 to 79.12, with the necessary modifications.

The right provided for in the fifth paragraph of section 79.7 applies in the same manner to absences authorized under section 79.1. However, the employer is not required to pay remuneration for more than two days of absence within the same year when the employee is absent from work for one of the reasons provided for in these two sections.

2007, c. 36, s. 11; 2018, c. 21, s. 30.

Interpretation

The maximum absence of:

• 16 weeks or 104 weeks provided for in section 79.8 ALS;
• 27 weeks in section 79.8.1 ALS;
• 104 weeks in sections 79.9 and 79.12 ALS;
• 104 weeks in sections 79.10 and 79.11 ALS

is subject to the following rights and conditions for the employee:

• having notified his employer as soon as possible of his absence and having provided his employee with the reasons therefor;
• providing his employer, upon request, with a document justifying his absence;
• having the right to continue participating in the insurance and pension plans provided for in the first paragraph of section 79.3 ALS;
• having his rights recognized with respect to his position at work, as provided for in section 79.4 ALS;
• having his rights recognized in situations of dismissal or layoff during his absence, as provided for in section 79.5 ALS;
• being subjected to the limitation respecting benefits during his absence, as provided by in section 79.6 ALS.

It should be noted that the employer is required to remunerate the employee solely for the first two days of absence, for the reasons set out in the aforementioned sections, within the same year, provided the employee justifies three months of continuous service under the fifth paragraph of section 79.16 ALS.