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

Duration of leave

Parental leave may not begin before the week the child is born or, in the case of adoption, the week the child is entrusted to the employee within the framework of an adoption procedure or the week the employee leaves his work to go to a place outside Québec in order that the child be entrusted to him. It shall end not later than 78* weeks after the birth or, in the case of adoption, 78* weeks after the child was entrusted to the employee.

End of parental leave

However, in the cases and subject to the conditions prescribed by regulation of the Government, parental leave may end at the latest 104 weeks after the birth or, in the case of adoption, 104 weeks after the child was entrusted to the employee.

1990, c. 73, s. 34; 1997, c. 10, s. 3; 2002, c. 80, s. 40; L.Q. 2020, c. 23, s. 28.

* Editor’s note: this period is 70 weeks in respect to a birth that occurred before January 1, 2021 or an adoption where the arrival of the child for the purpose of adoption occurs before that date.

Interpretation

70-week leave

The parental leave may not begin before the week in which the baby is born and shall end not later than 70 weeks after the birth.

In the case of adoption, the leave can begin in the week that the child is entrusted to the care of his parents or if they must leave Québec in order for the child to be entrusted to them, the week when they leave work to travel outside Québec. For example, mention may be made of the trips outside Québec that parents must make for an international adoption. In both these cases, the leave must end not later than 70 weeks after the child has been entrusted to the care of the employee.

104-week leave

The government has a power to regulate in order to provide for an extension of the parental leave up to a maximum of 104 weeks in some situations.