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8.00 Paid vacations

8.01. The qualifying period is the 12-month period beginning 1 May of the previous year and ending 30 April of the current year or the calendar year preceding the year during which the employee takes his vacation, if this is the current practice of his employer or that mentioned in the collective agreement.

R.R.Q., 1981, c. D-2, r. 39, s. 8.01.

8.02. An employee who, at the end of a qualifying period, has less than one year of uninterrupted service shall be entitled to a vacation leave equal to one and a half days per month of service. Such vacation shall not exceed 3 weeks. The vacation pay shall be equal to 6% of the employee's total wages earned during the qualifying period.

R.R.Q., 1981, c. D-2, r. 39, s. 8.02; O.C. 1810-89, s. 6; O.C. 262-94, s. 11.

8.03. The employee who, at the end of a qualifying period, has one year of uninterrupted service shall be entitled to a vacation leave of 3 weeks. The vacation pay shall be equal to 6% of the employee's total wages earned during the qualifying period.

R.R.Q., 1981, c. D-2, r. 39, s. 8.03; O.C. 1810-89, s. 6; O.C. 262-94, s. 11.

8.04. The employee who, at the end of a qualifying period, has 10 years of uninterrupted service shall be entitled to a vacation leave of 4 weeks. The vacation pay shall be equal to 8% of the employee's total wages earned during the qualifying period.

If an employee is absent owing to sickness or an accident or if the employee is the victim of a criminal act or is on maternity or paternity leave during the reference year, and should that absence result in the reduction of that employee's annual leave indemnity, the employee is then entitled to an indemnity equal, as the case may be, to 3 or 4 times the weekly average of the wages earned during the period worked, according to the number of weeks to which the employee is entitled. An employee referred to in section 8.02 is entitled to that amount in proportion to the days of leave credited to the employee's account.

R.R.Q., 1981, c. D-2, r. 39, s. 8.04; O.C. 1810-89, s. 6; O.C. 262-94, s. 11.

8.05. The employer shall give the employee his vacation pay before the employee goes on vacation.

R.R.Q., 1981, c. D-2, r. 39, s. 8.05; O.C. 1842-82, s. 2; O.C. 1810-89, s. 6; O.C. 262-94, s. 11.

8.06. When a holiday falls during the employee's annual vacation, he shall be entitled to the pay for the holiday, as prescribed in Division 7.00, in addition to his vacation pay.

R.R.Q., 1981, c. D-2, r. 39, s. 8.06; O.C. 262-94, s. 11.

8.07. When his employment terminates, an employee shall receive any holiday pay due for the last qualifying period, if not taken, and also any vacation pay due for the current qualifying period.

R.R.Q., 1981, c. D-2, r. 39, s. 8.07; O.C. 262-94, s. 11.

8.08. Any employee may require that his annual vacation be granted to him between 30 April and 1 September.

R.R.Q., 1981, c. D-2, r. 39, s. 8.08; O.C. 262-94, s. 11.

8.09 The uninterrupted service is interrupted when the employee:

  • 1) voluntarily quits his employment;
  • 2) is dismissed for a valid reason;
  • 3) is laid off due to a lack of work for a period exceeding 6 months;
  • 4) is laid off due to a lack of work, and fails to report in to work within 48 hours following receipt of his recall by a registered or certified letter from his employer at his last known address.

R.R.Q., 1981, c. D-2, r. 39, s. 8.09; O.C. 262-94, s. 11.

8.10. Upon written agreement with the employer, the employee entitled to more than 2 weeks of annual vacation may waive that part of his vacation that exceeds 2 weeks, provided that he receives his complete annual vacation pay before leaving for his vacation.

R.R.Q., 1981, c. D-2, r. 39, s. 8.10; O.C. 262-94, s. 11.

8.11. The annual vacation shall be taken within 12 months following the end of the qualifying period.

Notwithstanding the first paragraph, the employer may, at the request of the employee, allow the annual vacation to be taken, in whole or in part, during the reference year.

In addition, if, at the end of the 12 months following the end of a reference year, the employee is absent owing to sickness or accident or is absent or on leave for family or parental matters, the employer may, at the request of the employee, defer the annual vacation to the following year. If the annual vacation is not so deferred, the employer must pay the indemnity for the annual leave to which the employee is entitled.

R.R.Q., 1981, c. D-2, r. 39, s. 8.11; O.C. 1810-89, s. 7; O.C. 262-94, s. 11; O.C. 736-2005, s. 11; O.C. 1082-2005.

8.12. The annual vacation may be divided into two periods where so requested by the employee. It may also be divided into more than two periods where so requested by the employee, provided the employer agrees thereto.

R.R.Q., 1981, c. D-2, r. 39, s. 8.12; O.C. 262-94, s. 11.