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D-2, r. 16 - Decree respecting building service employees in the Québec region
Section 7.07
Disposition versions
7.07. Should an employee be absent owing to one of the reasons listed in the first paragraph of section 79.1 of the Act respecting labour standards (chapter N-1.1) or on maternity or paternity leave during the qualifying period 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 2, 3, 4 or 5 times the weekly average of the wage earned during the period worked. The employee referred to in section 7.02 whose annual leave is less than 2 weeks is entitled to that amount in proportion to the days of leave credited to the employee’s accounts.
Despite the first paragraph, the annual leave indemnity may not exceed the indemnity to which the employee would have been entitled if the employee had not been absent or on leave owing to a reason set out in the first paragraph.
7.07. Should an employee be absent owing to one of the reasons listed in the first paragraph of section 79.1 of the Act respecting labour standards (chapter N-1.1) or on maternity or paternity leave during the qualifying period 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 2, 3, 4 or 5 times the weekly average of the wage earned during the period worked. The employee referred to in section 7.02 whose annual leave is less than 2 weeks is entitled to that amount in proportion to the days of leave credited to the employee’s accounts.
Despite the first paragraph, the annual leave indemnity may not exceed the indemnity to which the employee would have been entitled if the employee had not been absent or on leave owing to a reason set out in the first paragraph.
This section is not in force with regard to the indemnity equal to 5 times the weekly average of the wages earned for employees entitled to a 5-week annual vacation.
7.07. Should an employee be absent owing to sickness or an accident or on maternity, paternity or parental leave during the qualifying period 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 2, 3 or 4 times the weekly average of the wage earned during the period worked. The employee referred to in section 7.02 whose annual leave is less than 2 weeks is entitled to that amount in proportion to the days of leave credited to the employee’s account.
Despite the first paragraph, the annual leave indemnity may not exceed the indemnity to which the employee would have been entitled if the employee had not been absent or on leave owing to a reason set out in the first paragraph.
7.07. If an employee is absent because of illness or accident or maternity leave during the qualifying year and this absence has the effect of diminishing his annual vacation pay, he is then entitled to an indemnity equivalent, as the case may be, to 2, 3 or 4 times his average weekly wage earned during the period worked. The employee subject to section 7.02 whose annual vacation is less than 2 weeks is entitled to vacation pay based on the vacation days that he has accumulated.
Notwithstanding the first paragraph, the annual vacation pay shall not exceed the indemnity that the employee would have received had he not been absent or on leave for a reason set out in the first paragraph.
