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

Family responsabilities

79.3. An employee may be absent from work for 10 days per year to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of a relative or a person for whom the employee acts as a caregiver, as attested by a professional working in the health and social services sector governed by the Professional Code (chapter C-26).

Divided leave

The leave may be divided into days. A day may also be divided if the employer consents thereto.

If it is warranted, in particular due to the duration of the absence, the employer may request that the employee furnish a document attesting to the reasons for the absence.

Notice of employer

The employee must advise the employer of his or her absence as soon as possible and take the reasonable steps within his or her power to limit the leave and the duration of the leave.

The first two days taken annually are remunerated according to the method of calculation provided for in section 62 with the necessary adjustments in the case of a divided leave. This right to remunerated days applies as soon as the employee has completed three months of continuous service, even if the employee was absent previously.

2002, c. 80, s. 29, 2018, c. 21, s. 21.

Interpretation

This section takes up in part the former section 81.2 ALS, which was replaced. It covers a greater number of situations and permits a period of absence of ten days per year.

The employee must notify the employer as soon as possible of the absence and take reasonable means at his or her disposal to limit the taking and the duration of the leave. When speaking of "as soon as possible," it is important to take into account the employee’s situation and the specific circumstances of each case. The employee has the right to divide this leave into days. With the employer’s consent, the days may also be divided.

The obligations referred to under this provision are those related to the care, health or education of the employee’s child or the child of the employee’s spouse. It is not necessary for the child to be a minor and the spouse’s child is included. The employee may also be absent owing to the state of health of a relative or a person for whom the employee acts as a caregiver, as attested by a professional working in the health and social services sector governed by the Professional Code (chapter C-26).

An absence authorized because of the state of health of the persons mentioned in this provision must be directly related to their state of health. For example, the employee’s father goes on a trip and his state of health requires that someone accompany him. The employee could not justify an absence to accompany him under section 79.7 ALS, as under these circumstances, the reason for the absence is a "trip" and not an absence "because of the state of health." Likewise, helping a child move or going to get one’s spouse at the airport are not circumstances covered under section 79.7 ALS. However, an absence to accompany a relative who must travel to receive care and who requires assistance would be covered by this provision.

Effective January 1, 2019, the law provides for a maximum of two days of paid absence per calendar year (January 1 to December 31) for the absences provided for in sections 79.1 and 79.7 (see section 79.16 ALS). To be entitled to this paid leave, the employee must have completed three months of continuous services. These days may not be carried forward from one year to the next or cashed out.

Remuneration for the days of absence is calculated in the same way as the indemnity paid for statutory holidays:

1/20 of the wages earned during the four complete weeks of pay preceding the week of the absence, excluding overtime

1/60 of the wages earned during the 12 complete weeks of pay preceding the week of the absence in the case of an employee remunerated in whole or in part on a commission basis.