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Interpretation / jurisprudence

Interpretation: special leave, article 9.01

Payment in double, the day of the funeral

Is the employee who attends the funeral of his father-in-law in the morning and who goes to work at 16:00 hrs entitled to the paid leave for the funeral and to his wages for work done?

The answer is no. The right to the paid special leave exists so that the employee does not suffer any loss of wages. It is not a question of an additional benefit. The employee who would not have lost wages would thus not be entitled to the paid special leave.

Interpretation: special leave, article 9.05

The 5 days of leave for birth, adoption or termination of pregnancy and the part-time employee

Would an employee working only one day per week, at a rate of 12 hours on each occasion, be entitled to the 5 days off, of which the first two are paid?

Yes. This case is surely extreme, but illustrates well the application of this article, the only condition being 60 days of uninterrupted service. The leave can be split in days at the request of the employee. The employee can thus have a first paid day the first week, and a second paid day the second week. The only obligation of the employee is to return to work within 15 days following the arrival at home of the child or the termination of pregnancy.

Interpretation: maternity leave, article 9.08

Maternity leave and An Act respecting labour standards

For information relating to the maternity leave, consult the site of the Commission des normes du travail in the section "useful links".