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9.00 Special leave of absence

9.01. 1) On the occasion of the death of a member of his family, the regular employee is entitled to the following leaves, provided he attends the funeral:

  • a) five paid consecutive days, on the occasion of the death of his spouse, his child or the child of his spouse;
  • b) 3 paid consecutive days and two additionnal days without pay, on the occasion of the death of his father, mother, brother, sister;c) 1 day with pay, on the occasion of the death of his father-in-law, mother-in-law, brother-in-law, sister-in-law, grandfather, grandmother.

2) The pay pertaining to the paid leaves mentioned in paragraph 1 is equal to the amount which the employee would normally receive on such days.

R.R.Q., 1981, c. D-2, r. 39, s. 9.01; O.C. 1810-89, s. 8; O.C. 262-94, s. 13; O.C. 1436-2001, s. 5; O.C. 736-2005, s. 12.

9.02. The regular employee who cannot attend the funeral of one of his family members mentioned in section 9.01, because of the distance between his place of residence and the place of the funeral, does not lose his right to such leaves if he provides his employer with the proof that he must take part into traditional ceremonies of condolences following this death.

R.R.Q., 1981, c. D-2, r. 39, s. 9.02; O.C. 1810-89, s. 8.

9.03. An employee who is unable to avail himself of sections 9.01 or 9.02 may be absent from work:

  • 1) for one day, without a loss in wages, on the occasion of the death or funeral of his spouse, child or the child of his spouse, his father, mother, brother or sister. He may also be absent from work for 4 more days on such occasion, without wages;
  • 2) for one day without pay on the occasion of the death or funeral of his son-in-law, daughter-in-law, one of his grandparents or grandchildren, and also of the father, mother, brother or sister of his spouse.

O.C. 275-82, s. 6; O.C. 1810-89, s. 8; O.C. 262-94, s. 14; O.C. 736-2005, s. 13.

9.04. The employee is entitled to one day's leave with pay on his wedding day or day of his civil union. He may also be absent from work without pay on the wedding day or day of the civil union of his child, the child of his spouse, his father, mother, brother or sister.

O.C. 1810-89, s. 8; O.C. 262-94, s. 15; O.C. 736-2005, s. 14.

9.05. The employee may be absent from work for 5 days on the birth of his child, the adoption of a child, or for a termination of pregnancy in or after the twentieth week of pregnancy. The first two days of absence are paid if the employee has 60 days of uninterrupted service.

This leave may be taken as separate days at the request of the employee and cannot be taken later than 15 days after the child arrives at the residence of his father or mother or, if such is the case, the termination of the pregnancy.

The employee must notify the employer of his absence as soon as possible.

However, an employee who adopts his spouse's child may be absent from work for only 2 days, without pay.

O.C. 262-94, s. 16; O.C. 736-2005, s. 15.

9.06. An employee may be absent from work, without pay, for 10 days a year to fulfil obligations relating to the care, health or education of the employee's child or the child of the employee's spouse, or because of the state of health of the employee's spouse, father, mother, brother, sister or one of the employee's grandparents. The employee must have taken the reasonable steps within his power to assume his obligations otherwise and to limit the duration of the leave.

This leave may be divided into separate days. A day may also be divided if the employer agrees thereto. The employee must notify his employer of his absence as soon as possible.

O.C. 262-94, s. 16; O.C. 736-2005, s. 16.

9.07. An employee may be absent from work, without pay, for a medical examination related to her pregnancy or for an examination related to her pregnancy and carried out by a midwife. The employee shall notify her employer as soon as possible of the time where she will be absent.

O.C. 262-94, s. 16; ; O.C. 352-2006, s.8.

9.08. A pregnant employee shall be entitled to a maternity leave under the Act respecting labour standards (R.S.Q., c. N-1.1).

O.C. 262-94, s. 16.