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 81.2
Paternity leave
An employee is entitled to a paternity leave of not more than five consecutive weeks, without pay, on the birth of his child.
Period
The paternity leave shall not begin before the week of the birth of the child and shall not end later than 78* weeks after the week of the birth.
1990, c. 73, s. 34; 2002, c. 80, s. 32; L.Q. 2020, c. 23, s. 25.
* Editor’s note: This period is 52 weeks in respect to a birth that occurred before January 1, 2021.
- Interpretation
-
Since January 1, 2006, an employee has been entitled to a paternity leave of not more than five uninterrupted weeks without pay at the time of the birth of his child. This leave must be taken at the earliest in the week in which the child is born and end no later than 52 weeks after the birth or 78 weeks, if the birth occurred on or after January 1, 2021.
This paternity leave of five consecutive weeks is in addition to the other leaves stipulated in the Act, notably the five-day leave for the birth or adoption of a child (s. 81.1 ALS) and the parental leave of 52 uninterrupted weeks (s. 81.10 ALS).
Moreover, the employee can use the recourse for a prohibited practice if he is dismissed or if the employer imposes any other sanction for having exercised his right to the paternity leave or upon his return from this leave (s. 122 and 123.2 ALS).