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 81.1
Absence for birth or adoption
An employee may be absent from work for five days at the birth of his child, the adoption of a child or where there is a termination of pregnancy in or after the twentieth week of pregnancy. The first two days of absence shall be remunerated.
Division of leave
This leave may be divided into days at the request of the employee. It may not be taken more than fifteen days after the child arrives at the residence of its father or mother or after the termination of pregnancy.
Notification
The employee must advise his employer of his absence as soon as possible.
1990, c. 73, s. 34; 2002, c. 80, s. 31; 2005, c. 13, s. 83; O.C. 984-2005.
- Interpretation
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The leave is for five days, two of which are remunerated, if the employee is absent for the birth of his child, the adoption of a child or where there is a termination of pregnancy in or after the twentieth week of pregnancy.
Starting from January 1, 2006, the employee who adopts the child of his spouse can also benefit from this leave. In the past, such an employee was only entitled to two days of leave, without pay.
At the request of the employee, this leave may be divided into days during a period of fifteen days following the arrival of the child at the residence or termination of pregnancy.
The employee is under the obligation to notify his employer of his absence as soon as possible. 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.