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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 81.10

Patental leave

The father and the mother of a newborn child, and a person who adopts a child, are entitled to parental leave without pay of not more than 65* consecutive weeks.

1990, c. 73, s. 34; 1997, c. 10, s. 2; 2002, c. 80, s. 39; 2005, c. 13, s. 85; O.C. 984-2005; L.Q. 2020, c. 23, s. 27.1.

* Editor’s note: this period is 52 weeks in respect to a birth that occurred before January 1, 2021.


The father and mother of a newborn child and a person who adopts a child are entitled to a parental leave of not more than 65 continuous weeks. Under section 81.13, an employee can resume work on a part-time or intermittent basis during his parental leave, If the employer consents thereto.

However, it should be pointed out that the Act does not require that the parental leave be taken immediately after a maternity leave. Therefore, it is possible for the mother to return to work after her maternity leave without losing the right to take a parental leave thereafter, provided that she meets the conditions related to the leave.

It should be pointed out that each of the parents is entitled to this leave.

In the case of same-sex spouses, see the interpretation of paragraph 3 of section 1 ALS.