D-2, r. 1 - Decree respecting security guards

Section 7.01 Disposition versions

2019-12-04

7.01. (1)  On the occasion of the death of one member or the simultaneous death of more than one member of his family, the employee is entitled to 3 days of paid holiday, that is the day of the funeral and the 2 preceding or following days, provided these days are normally scheduled days of work. “Members of the family” means the employee’s brother, his sister, his spouse’s father or mother or one of his grandchildren. The employee may also be absent for an additional day on such occasion, but without pay. An additional day without pay may be granted at the request of the employee to perform any function related to the death.

(2)  On the death of one of his grandparents or of his spouse’s brother or sister, an employee is entitled to 2 days of leave with pay, that is, on the day of the funeral and the preceding day, where those days are regular working days.

An employee may be absent from work for one day, without pay, by reason of the death or the funeral of a son-in-law or daughter-in-law.

(3)  The days mentioned in paragraphs 1, 2 and 7 are not paid if they fall during the annual vacation of the employee or on another holiday provided for in the Decree.

(4)  An employee may be absent from work for 1 day, without a loss in wages, on his wedding day or day of the de facto union. An employee may also be absent from work, without pay, on the wedding day or day of the de facto union of one of his children, his father, his mother, his brother or sister, or a child of his spouse. The employee must notify his employer of his absence not less than 1 week in advance.

(5)  An employee may be absent from work for 5 days, at the birth of his child, the adoption of a child or where there is a termination of pregnancy in or after the twentieth week of pregnancy. The first 2 days of absence shall be remunerated.

This leave may be divided into days at the request of the employee. It may not be taken more than 30 days after the child arrives at the residence of his father or mother or, if such is the case, after the termination of pregnancy.

(6)  An employee may be absent from work for 10 days per year to fulfil obligations relating to the care, health or education of his child or the child of his spouse, or because of the state of health of a relative or a person for whom the employee acts as a caregiver, as attested by a professional working in the health and social services sector and governed by the Professional Code (chapter C-26).

The leave may be divided into days. A day may also be divided if the employer consents thereto.

If it is warranted, by the duration of the absence for instance, the employer may request that the employee furnish a document attesting to the reasons for the absence.

The employee must advise the employer of his absence as soon as possible and take the reasonable steps within his power to limit the leave and the duration of the leave.

The first 2 days taken annually shall be remunerated according to the calculation formula described in section 6.03, with any adjustments required in the case of division. The employee becomes entitled to such remuneration on being credited with 3 months of uninterrupted service, even if he was absent previously. The right applies in the same manner to authorized absences for a reason provided for in section 79.1 of the Act respecting labour standards (chapter N-1.1). Despite the foregoing, an employer is not required to pay more than 2 days of absence in a same year where the employee is absent from work for any of the reasons provided for in this section or section 79.1 of the Act respecting labour standards.

(7)  On the death of his or her spouse, of one of his or her children or of the child, the father or the mother of his or her spouse, an employee is entitled to 5 days of leave with pay including the day of the funeral and the 4 days preceding or following, provided that the employee usually works on these days. The employee may also be absent for an additional day on that occasion, but without pay. An additional day without pay is also granted to the employee to perform any other function related to the death.

R.R.Q., 1981, c. D-2, r. 1, s. 7.01; O.C. 441-84, s. 16; O.C. 1744-84, s. 1; O.C. 93-90, s. 27; O.C. 1247-94, s. 15; O.C. 1566-98, s. 13; O.C. 799-2003, s. 15; O.C. 118-2006, s. 10; O.C. 767-2009, s. 11; O.C. 1165-2019, s. 10.

2012-09-01

7.01. (1)  On the occasion of the death of one member or the simultaneous death of more than one member of his family, the employee is entitled to 3 days of paid holiday, that is the day of the funeral and the 2 preceding or following days, provided these days are normally scheduled days of work. “Members of the family” means the employee’s father, his mother, his brother, his sister, his spouse’s father or mother or one of his grandchildren. The employee may also be absent for an additional day on such occasion, but without pay. An additional day without pay may be granted at the request of the employee to perform any function related to the death.

(2)  On the death of one of his grandparents or of his spouse’s brother or sister, an employee is entitled to 2 days of leave with pay, that is, on the day of the funeral and the preceding day, where those days are regular working days.

An employee may be absent from work for one day, without pay, by reason of the death or the funeral of a son-in-law or daughter-in-law.

(3)  The days mentioned in paragraphs 1, 2 and 7 are not paid if they fall during the annual vacation of the employee or on another holiday provided for in the Decree.

(4)  An employee may be absent from work for 1 day, without a loss in wages, on his wedding day or day of the de facto union. An employee may also be absent from work, without pay, on the wedding day or day of the de facto union of one of his children, his father, his mother, his brother or sister, or a child of his spouse. The employee must notify his employer of his absence not less than 1 week in advance.

(5)  An employee may be absent from work for 5 days, at the birth of his child, the adoption of a child or where there is a termination of pregnancy in or after the twentieth week of pregnancy. The first 2 days of absence shall be remunerated if the employee is credited with 60 days of uninterrupted service.

This leave may be divided into days at the request of the employee. It may not be taken more than 30 days after the child arrives at the residence of his father or mother or, if such is the case, after the termination of pregnancy.

(6)  An employee may be absent from work, without pay, for 10 days per year to fulfil obligations relating to the care, health or education of his child or the child of his 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 leave may be divided into days. A day may also be divided if the employer consents thereto.

The employee must advise the employer of his absence as soon as possible and take the reasonable steps within his power to limit the leave and the duration of the leave.

(7)  On the death of his or her spouse, of one of his or her children or of the child of his or her spouse, an employee is entitled to 5 days of leave with pay including the day of the funeral and the 4 days preceding or following, provided that the employee usually works on these days. The employee may also be absent for an additional day on that occasion, but without pay. An additional day without pay is also granted to the employee to perform any other function related to the death.

R.R.Q., 1981, c. D-2, r. 1, s. 7.01; O.C. 441-84, s. 16; O.C. 1744-84, s. 1; O.C. 93-90, s. 27; O.C. 1247-94, s. 15; O.C. 1566-98, s. 13; O.C. 799-2003, s. 15; O.C. 118-2006, s. 10; O.C. 767-2009, s. 11.