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

Illness or accident

An employee may be absent from work for a period of not more than 16 weeks over a period of 12 months where the employee must stay with 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 and governed by the Professional Code (chapter C-26), because of a serious illness or a serious accident. Where the relative or person is a minor child, the period of absence is not more than 36 weeks over a period of 12 months.

Extension

However, if a minor child of the employee has a serious and potentially mortal illness, attested by a medical certificate, the employee is entitled to an extension of the absence, which shall end at the latest 104 weeks after the beginning thereof.

2002, c. 80, s. 29; 2005, c. 13, s. 82; 2007, c. 36, s. 10; 2018, c. 21, s. 22.

Interpretation

An employee may be absent for not more than 16 weeks over a 12-month period when the employee must stay with a relative (see definition of relative in section 79.6.1 ALS) or a person for whom the employee acts as a caregiver, as attested by a professional working in the health and social services sector and governed by the Professional Code (chapter C-26), owing to a serious illness or a serious accident. The 12-month period is calculated beginning from the first absence.

The permitted absences must be counted in weeks. The employee is free to divide the 12-week period into weeks according to his needs. This leave is taken without pay.

It should be noted that sections 79.7 and 79.8 ALS concern different reasons for an absence. An employee could be absent 10 days under section 79.7 ALS without affecting his right to the leave stipulated in section 79.8 ALS.

Minor child having a serious illness that is potentially mortal

The legislator allows an employee to be absent beyond the 16-week period when the employee's minor child has a serious illness that is potentially mortal. The total duration of the absence must not be more than 104 weeks (including the 16-week period), calculated from the first day of absence. The absence may be divided, but then it must be taken within a maximum period of 104 weeks. To benefit from such an extension, the seriousness of the illness must be attested by medical certificate.