laws2

Quebec Leave Laws

laws

Holidays

Paid federal statutory holidays

  • New Year’s Day – 1st January
  • Good Friday – 2 days before Easter Sunday
  • Victoria Day – Monday preceding May 25th 
  • Canada Day – 1st July
  • Labour Day – first Monday of September
  • Thanksgiving Day – second Monday of October
  • Remembrance Day – 11th November
  • Christmas Day – 25th December
  • Boxing Day – 26th December

Provincial Paid holidays

Retail businesses must be closed on Sundays and observe the following holidays:

  • New Year’s Day
  • Easter Sunday
  • National Holiday/Fête Nationale
  • Canada Day
  • Labour Day
  • Christmas Day

To be eligible to work, the employee must have:

  • Worked the scheduled shift before and after the holiday

Eligible Pay Rate and/or Entitlement:

  • If the holiday falls on a regular workday: Stat pay + 1.5 times regular rate for hours worked OR regular rate for hours worked + one day paid leave* (taken no later than three weeks after the holiday)
  • If the holiday falls on a non-working day: Employee will receive stat pay OR get one day paid leave (taken before the next annual vacation)

*For employees who work on National Day, the paid leave must be the workday immediately before or after the holiday.

Vacation

In Quebec, employees are entitled to 2 consecutive weeks of vacation leave after the first five year of employment and 3 consecutive weeks of leave after five years of employment.

 

Vacation Pay 

Employees are entitled to vacation pay of 4% of gross wages for the first five years of employment and 6 % of gross wages after five years of employment. 

 

The rollover policy

  • Statutory Provisions Addressing Vacation Pay

Vacation is considered earned wages.

  • Use-It-or-Lose-It Policy

In Canada is illegal to use the policy. 

  • Payment of Accrued Vacation upon Termination

The employee’s earnings must be paid upon termination of employment.

 

Accruals

  • Vacation and PTO

Vacation pay is calculated as a percentage of the gross wages an employee earns during the “year of employment”.

  • Personal leave and Family leave – Sick Leave

Sickness or Accident Leave Eligible employees who have worked for the same employee at least 3 consecutive months are entitled to up to 26 weeks of leave per year due to sickness, accident, organ or tissue donation, domestic violence or sexual violence of which he or she was a victim.  Written notice is required.

Employees are entitled to up to 2 days of paid leave per year for the following reasons: 

  • to take care of a relative or person with whom he or she acts as an informal caregiver,
  • in case of sickness,
  • for organ or tissue donation,
  • following an accident, domestic violence, sexual violence, or crime.

Maternity (Pregnancy) Leave and Parental Leave

Maternity Leave

Employees are entitled to up to 18 weeks of unpaid leave. The maternity leave may not begin before the 16th week preceding the expected date of delivery and shall end not later than 18 weeks afterward. A written notice is required. If the delivery occurs after the expected date, the employee is entitled to at least two additional weeks of maternity leave. Special maternity leave may begin 4 weeks before the expected date of delivery when there is a risk of termination of her pregnancy or a danger for the health of the mother or unborn child caused by the pregnancy. A 3 weeks’ notice is required and a medical certificate.

 

Paternity Leave

Employees are entitled to up to 5 consecutive weeks of unpaid leave. This paternity leave may begin no earlier than the week of the birth of the child and end no later than 52 weeks later. Paternity leave may be added to Parental leave. A 3 weeks’ notice is required.

 

Parental Leave

Employees are entitled to up to 52 weeks of unpaid leave to care for a newborn or adopted child. The parental leave cannot begin before the week of the birth of the newborn or, in the case of an adoption, before the week when the child is entrusted to the employee. Nor can it begin before the week during which the employee leaves work to travel outside Québec to obtain custody of the child. Parental leave may not end 70 weeks after the birth or after the child came to the employee’s home. A 3 weeks’ notice is required.

Jury Duty Leave

All employers must allow employees to take unpaid leave in order to attend court as jurors. 

Bereavement Leave

    • Employees are entitled to up to 5 days of leave, including 2 paid days due to death or to attend the funeral of a spouse, child, of the child of their spouse, of their father or mother or of their brother or sister 
    • up to 1 unpaid day in case of the death or funeral of their son-in-law or daughter-in-law, of their grandparents, of one of their grandchildren, of the father or mother of their spouse or of the brother or sister of their spouse.

     

    Leave related to death or disappearance of a child

    Employees are entitled to up to 104 weeks of unpaid leave due to a death or a disappearance of a child under 18 years of age. If the child is found alive, the employee must return to work within a maximum of 11 days. The rule also applies if the child of an employee dies as a result of a crime.

     

    Leave Related to a Suicide

    The employee is entitled to up to 104 weeks of unpaid leave due to the suicide of the spouse or child.

Compassionate care leave (Natural Caregiver Leave)

Short-term leave

 Employees are entitled to up to 10 days of unpaid leave to:

  • to fulfill obligations related to the care, health or education of his child or the child of his spouse
  • due to the state of health of a relative or a person for whom the person acts as a natural caregiver

Leave may be taken separately. Employees must provide notice and a medical certificate.

 

Paid Leave 

Employees who have been employed for at least 3 consecutive months are entitled to up to 2 days of paid leave per year to:

  • to take care of a relative or person with whom he or she acts as an informal caregiver,
  • in case of sickness,
  • for organ or tissue donation,
  • following an accident, domestic violence, sexual violence or a crime

 

Extended leave

Employees are entitled to following unpaid leaves:

  • 16 to weeks within a year when his presence is required due to an accident or serious illness involving a relative of the employee or a person for whom he acts as a natural caregiver. A medical certificate is required.
  • up to 27 weeks within a year if the seriously ill person has a significant risk of dying and up to 104 weeks if this person is the employee’s minor child. A medical certificate is required.
  • up to 36 weeks within a year if the seriously ill person or accident victim is a minor child.

Reservist Leave

Quebec has no additional laws regarding reservists leave.

For more on Quebec Leave Laws, you can consult this government website.

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