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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)

Section 79.9

An employee is entitled to an extension of the period of absence under the first paragraph of section 79.8, which shall end not later than 104 weeks after the beginning of that period, if the employee must stay with his minor child who suffered serious bodily injury during or resulting directly from a criminal offence that renders the child unable to carry on regular activities.

2007, c. 36, s. 11.


The legislator allows an employee to be absent without pay beyond the period of 16 weeks when his presence is required with his minor child who has suffered a serious bodily injury due to a criminal offence rendering him unable to carry on his regular activities (for example: inability to attend school). The total duration of the absence may not exceed 104 weeks (including the initial 16 weeks) and is calculated from the first day of absence. This absence only applies in the case where the employee’s child is a minor.

Hence, it is important that the victim suffered his serious bodily injury at the time of the commission of a criminal offence or that the injury results from such a criminal offence.