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.

Who’s entitled to this leave?

The father or the non-birthing parent of the child is entitled to this leave. This leave may not be transferred to or shared with the mother or the person who gave birth.

A person who adopts a child, as well as parents registered on the act of birth for a child in the context of a parental project involving a surrogacy, are entitled to this leave.

A person is entitled to this leave regardless of the length of their uninterrupted service. Their employment relationship is protected while on paternity leave. If they continue to make contributions to group insurance and pension plans during their leave, the employer must do likewise.

The father or the non-birthing parent may also be entitled to benefits under the Régime québécois d’assurance parentale.

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. At the end of paternity leave, the person may also be entitled to parental leave.

The beginning and end of leave during an adoption or parental project involving surrogacy

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.

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.

Additional details for taking leave

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.

Informing the employer of taking leave

The person must give their employer written notice (e.g., a letter) stating the date the leave will begin and the date they expect to return to work.

When to give notice to the employer

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.

If the return-to-work date is earlier, a new written notice must be provided to the employer at least 3 weeks before the date of their return.

Return to work after taking leave

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 as per their employment contract had they remained at work.

However, specific rules apply when calculating annual vacation pay, including the length of time the worker is entitled to, which continues to accumulate while the worker is on leave.

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.