Paternity leave or leave for the parent who did not give birth to the child

Upon the adoption or birth of a child, including a child born through surrogacy (surrogate mother), a leave of 5 continuous weeks without pay is provided.

During the leave, the employment relationship is protected and benefits under the Régime québécois d'assurance parentale (RQAP) may be granted.

If the person continues to contribute to the various group insurance and pension plans during their leave, the employer must do likewise.

After their leave, the person may be entitled to parental leave.

Beginning and end of leave

The leave may begin as of the week of the child’s birth and end no later than 78 weeks after the child’s birth.

Adoption and surrogacy

In the case of surrogacy or adoption, the leave may begin as of the week in which the child is entrusted to the person and end 78 weeks later.

During an adoption procedure, the leave may begin the week the person leaves work to travel outside Quebec for the child to be entrusted to them and end 78 weeks after the week the child was entrusted to them.

At the worker’s request, the leave may be suspended, divided or extended if their health or their child’s health requires it. In other situations, at the worker’s request and if the employer agrees, the leave may be divided into weeks.

This leave may not be transferred to or shared with the mother. In the context of an adoption or surrogacy, either or both parents are entitled to it.

Informing the employer

The person must give their employer written notice stating the date the leave will begin and the date they expect to return to work. The notice must be given to their employer at least 3 weeks before they go on leave. This period may be shorter if the birth of the child or the time when the child is entrusted to them occurs before the expected date of delivery.

Return to work

When the person returns to work, the employer must reinstate them in their regular position and give them the wages and benefits they would have been entitled to had they remained at work.

They may choose to return to work before the date stated in the written notice. They must give their employer new notice, in writing, at least 3 weeks before the date of their return.

If their position was abolished while they were on leave, they also retain the same rights and privileges they would have been entitled to had they remained at work.

If they do not return to work on the scheduled date, their employer may consider them to have resigned. It is preferable for the employer to try to contact the person before the end of their leave to confirm their return date.