5.09. If an employee is absent because of an illness or accident or benefits from a maternity leave during the reference year and such absence reduces the vacation pay for the employee, he/she is entitled to a compensation equal, as the case may be, to 3 times the weekly average of the wages earned during the period worked. The employee mentioned in section 5.02 whose annual vacation is less than 2 weeks is entitled to this amount in proportion to the days of vacation accumulated.
An employee who is absent due to illness or accident may, if he so wishes, take his annual vacation upon his return to work. In such case, the employer shall pay him his annual vacation pay.
R.R.Q., 1981, c. D-2, r. 1, s. 5.09; O.C. 441-84, s. 13; O.C. 93-90, s. 16; O.C. 1247-94, s. 9; O.C. 1566-98, s. 10.