Suspension, division or extension of leave
When a newborn child has to be hospitalized, the following leaves may be suspended if the worker chooses to return to work temporarily during the hospitalization:
• Maternity leave or leave in connection with pregnancy or childbirth
• Paternity leave or leave for the parent who did not give birth to the child
• Parental leave
In such cases, the worker must reach an agreement with their employer.
These leaves are normally taken on a continuous basis. They can be divided into weeks in some specific situations. For example, if the child's hospitalization is short and the parent wants to stay with their child, the leave may be divided into weeks, but not days.
Example
Hugo's partner gave birth to their first child last week. Hugo had agreed with his employer that as soon as the baby was born, he would begin his 5-week paternity leave.
But, bad news, Hugo's son has to go back to hospital. Although the leave must be taken on a continuous basis, Hugo asks his employer to allow him to return to work and continue his paternity leave when his child comes home. Because Hugo's child is hospitalized, his paternity leave may be suspended.
Situations that allow the worker to divide the leave
- Hospitalization of a newborn
- Serious illness or accident of a worker on leave or one of their relatives
- Serious illness or accident of a person for whom the worker on leave acts as an informal caregiver
- Serious injury to their minor child as a result of a criminal offence
- Disappearance or death of their minor child
- Suicide of the spouse, father, mother or their child of full age
- Death of the spouse or their child of full age as a result of a criminal offence
Extension of leave
Maternity leave or leave in connection with pregnancy or childbirth, paternity leave or leave for the parent who did not give birth to the child and parental leave may be extended if the newborn's health requires it.
In all cases, the worker must provide a medical certificate to the employer before the end of their leave.
Maternity leave or leave in connection with pregnancy or childbirth may also be extended if the mother's condition requires it. The leave will be extended for the length of time indicated on the medical certificate.
During the extension of the leave, without pay, the employment relationship with the employer is protected.