Victims of crime
Workers who are victims of a crime that renders them unable to perform their regular job may be absent from work without pay for up to 104 weeks. During their absence, their employment relationship is protected.
Workers may also be absent from work if:
- their minor child suffers serious injuries as a result of a criminal offence
- their spouse or child of full age dies as a result of a criminal offence
The period of absence begins at the earliest on the day of the event.
The possibility of being absent from work does not apply if the worker or the deceased person (spouse or child of full age) participated in the criminal offence or contributed to the injury through their gross fault, i.e., through their recklessness, carelessness or gross negligence.
If their minor child dies while participating in a criminal offence, the worker is entitled to the period of absence.
Days of absence with pay
After 3 months of uninterrupted service with their employer, the worker could be entitled to 2 days of absence with pay if these days have not been used for another reason during the year.
Notice to the employer
A worker who is absent from work as a result of a criminal offence must notify their employer as soon as possible and state the reason for their absence. Under certain circumstances, the employer may request a document justifying the worker’s absence.
Return to work
The worker's regular position and benefits are protected for the duration of their absence following a criminal offence.
When the worker returns to work, the employer must reinstate them in their regular position and give them the wages they would have been entitled to had they remained at work.