Upon the birth of his child, a worker is entitled to 5 consecutive weeks of paternity leave without pay. During his leave, his employment relationship is protected and he may be entitled to benefits under the Québec Parental Insurance Plan.
If the worker continues to make his contributions to the various group insurance and pension plans during his leave, the employer must do likewise.
After his paternity leave, the worker may be entitled to parental leave.
Beginning and end of paternity 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. If the birth occurred before January 1, 2021, paternity leave shall end not later than 52 weeks after the delivery or adoption.
At the request of the worker, the paternity leave is suspended, divided or extended if his or his child's health conditions required it. In some situations, at the request of the worker and if the employer agrees, the leave may be split into weeks.
Paternity leave cannot be transferred to or shared with the mother.
Informing the employer
The worker must give his employer written notice stating the date the leave will begin and the date he expects to return to work. The notice must be given to his employer at least 3 weeks before he goes on leave. This period may be shorter if the birth of the child occurs before the expected date of delivery.
Return to work
When the worker returns to work, his employer must reinstate him in his regular position and give him the wages and benefits he would have been entitled to had he remained at work.
The worker may choose to return to work before the date stated in the written notice. The worker must give his employer new notice, in writing, at least 3 weeks before the date of his return.
If his position was abolished while he was on leave, he retains the same rights and privileges he would have been entitled to had he remained at work.
If the worker does not return to work on the scheduled date, his employer may consider him to have resigned. It is preferable for the employer to try to contact the person before the end of his leave to confirm his return date.