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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.1.1 - Absences of reservists employees (Sect. 81.17.1 à 81.17.6)

Section 81.17.6

Absences of reservists employees

Sections 79.4, 79.5 and 79.6 apply to an employee who is absent for one of the reasons set out in section 81.17.1.


The provisions protecting employment as well as the conditions related to the employment of an employee who is absent due to sickness, accident or a criminal offence or for family or parental reasons also apply to employees who are reservists.

The employer must reinstate the employee in his usual position with the same benefits, including the wage to which he would have been entitled had he remained at work. If the employee’s usual position no longer exists when he returns, the employer must grant him all of the rights and privileges that he would have enjoyed at the time of the disappearance of the position, had he been at work.

The employee retains the same rights as laid off employees when the employer, during the period of his absence, makes temporary or permanent layoffs that would have included him. The employee retains notably his rights concerning return to work. For example, if rights such as seniority, the right to recall, transfer or the right to reclassification apply in the enterprise, the employer must grant them to the absent employee.