In force: 2023-02-24
28. An employee may be absent from work for 10 days per year to fulfill obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of a relative of a person for whom the employee acts as a caregiver, as attested by a professional working in the health and social services sector governed by the Professional Code (chapter C-26). For the purposes of the first paragraph, “relative” has the meaning assigned by section 79.6.1 of the Act respecting labour standards (chapter N-1.1).
The leave may be divided into days. A day may also be divided subject to the employer’s consent.
If warranted in particular owing to the duration of the absence, the employer may request that the employee provide a document attesting to the reasons for the absence.
The employee must advise the employer of the absence as soon as possible and take reasonable steps to limit the taking and duration of the leave.
Subject to section 24, the first 2 days taken annually are remunerated according to the calculation described in section 62 of the Act respecting labour standards, with the necessary adjustments in the case of division. The employee becomes entitled to such remuneration on being credited with three months of uninterrupted service, even if the employee was absent previously. The right applies in the same manner to absences authorized for a reason referred to in section 79.1 of the Act respecting labour standards. Despite the foregoing, the employer is not required to remunerate more than two days of absence in the same year if the employee is absent from work for any of the reasons referred to in section 79.1 of the Act respecting labour standards.
1529-2022O.C. 1529-2022, s. 28.