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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 81.13

Notice of return

An employee may return to work before the date stated in the notice given pursuant to section 81.2.1, 81.6 or 81.12, provided he has given the employer written notice of not less than three weeks of the new date on which he will return to work.

Return to work

If the employer consents thereto, the employee may return to work on a part-time basis or intermittently during the parental leave.

1990, c. 73, s. 34; 2002, c. 80, s. 42; 2008, c. 30, s. 4.

Interpretation

The notice to the employer must be in writing.

Since May 1, 2003, the possibility to resume work part-time or on an intermittent basis during the parental leave is expressly provided for under the Act respecting labour standards. The employer’s consent is, however, required. However, if an employee does resume work on such a basis during his parental leave, the maximum length of the leave cannot exceed the period of 52 uninterrupted weeks stipulated in section 81.10 ALS and will have to end within the limits stipulated in section 81.11 ALS. For example, if the employer consents to the employee’s return to work by reason of two days per week during his parental leave, the employee is deemed to be on parental leave during the period of his return to work.