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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 81.5.2

Termination of pregnancy

Where there is termination of pregnancy before the beginning of the twentieth week preceding the expected date of delivery, the employee is entitled to a special maternity leave, without pay, for a period of no longer than three weeks, unless a medical certificate attests that the employee needs an extended leave.

Maximum period

If the termination of pregnancy occurs in or after the twentieth week, the employee is entitled to a maternity leave without pay of a maximum duration of 18 consecutive weeks beginning from the week of the event.

2002, c. 80, s. 36.

Interpretation
Termination of pregnancy before the twentieth week preceding the expected week of delivery

Since May 1, 2003, in the event of termination of pregnancy before the twentieth week preceding the expected week of delivery, the Act provides for a special maternity leave, without pay, of up to three weeks. It may be extended if a medical certificate provides for such an extension.

It should be noted that the special maternity leave stipulated in this provision may be combined with that mentioned in section 81.5.1 ALS.

Termination of pregnancy in or after the twentieth week of pregnancy

When a termination of pregnancy occurs after the twentieth week, it is no longer a special maternity leave, but a maternity leave not exceeding 18 uninterrupted weeks. This leave is without pay and its duration begins from the week in which the termination of pregnancy occurs.