Understanding leave of absence entitlements in Quebec is essential for both employers and employees. Quebec’s leave laws provide various types of job-protected time off, from vacation and sick leave to maternity, paternity, and bereavement leave.
This guide is a part of our series on Leave of absence in Canada. It covers all aspects of leave of absence in Quebec, including eligibility, duration, pay entitlements, and recent legal changes.
An Overview of Leave of Absence in Quebec
A leave of absence in Quebec refers to a period during which an employee is permitted to be away from work while maintaining their employment status and job protection. Quebec’s leave provisions are primarily governed by the Act Respecting Labour Standards (ARLS), which establishes minimum requirements that all employers must follow.
Leaves of absence in Quebec fall into two main categories:
- Paid leaves: Periods where employers must continue to provide compensation
- Unpaid leaves: Job-protected time off without pay, though certain benefits may be available through government programs
The Quebec government regularly updates these provisions to reflect changing workplace dynamics and social needs, as evidenced by the recent passage of Bill 68.
What Types of Leave are Available in Quebec?
Quebec offers a robust framework of different leave types to accommodate various personal and professional situations. Each type has specific eligibility requirements, durations, and documentation standards.
Sick Leave in Quebec
Sick leave provisions in Quebec have been significantly impacted by Bill 68, which comes into effect on January 1, 2025. These changes affect when and how employers can request documentation for absences.
What are the current paid leave entitlements? After 3 months of continuous service, employees in Quebec are entitled to up to 2 paid days per calendar year for certain qualifying absences.
Starting January 1, 2025, employers may not request documentation for the first three periods of absence per year, where each absence is three consecutive days or less, when the absence is due to:
- Illness
- Organ or tissue donation
- Accident
- Family violence (including domestic or sexual violence)
- Being a victim of a criminal offence
This represents a major shift from the current standard, which allows employers to request supporting documentation when “warranted by the duration of the absence or its repetitive nature.”
The employer can request documentation after:
- After three qualifying absences of three consecutive days or less, or
- After an absence of more than three days
The prohibition applies to any document attesting to the reasons for absence, not just medical notes, addressing the government’s goal of reducing unnecessary administrative burden on physicians.
Family-Related Leave in Quebec
Family-related leave in Quebec allows employees to take time off to meet obligations related to the care, health, or education of certain family members or individuals for whom they act as caregivers.
Employees may take up to 10 days of family-related leave per calendar year for reasons including:
- The care, health, or education of their child or spouse
- The health or care of a family member (such as a parent, sibling, or grandparent)
- The health or care of a person for whom the employee acts as a caregiver
After 3 months of continuous service, employees may receive up to 2 paid days per year, which may be used for qualifying absences under Quebec labour standards. Any remaining family-related leave days are unpaid, unless otherwise provided by an employment contract or collective agreement.
Under Bill 68, employers are prohibited from requesting medical certificates to justify family-related leave. This prohibition applies to all 10 days of permitted family-related leave.
Employers may still request reasonable non-medical documentation, where appropriate, but medical notes cannot be required for these absences.
Vacation Leave in Quebec
Vacation leave in Quebec follows a structured system based on employees’ years of uninterrupted service with their employer. Vacation pay is calculated based on all earnings during the reference year, including overtime pay, commissions, bonuses, and tips. Employers must provide the entire vacation pay in a single payment before the employee begins their vacation.
| Years of Uninterrupted Service | Vacation Duration | Vacation Pay |
|---|---|---|
| Less than 1 year | 1 consecutive week | 4% of gross wages |
| 1 to less than 3 years | 2 consecutive weeks | 4% of gross wages |
| 3 years or more | 3 consecutive weeks | 6% of gross wages |
Quebec law prohibits “use it or lose it” vacation policies. Employers must allow employees to take their earned vacation and cannot require them to forfeit unused vacation time. Annual vacation must normally be taken within 12 months following the end of the reference year.
Vacation may be deferred or paid out only in limited circumstances, such as when the employee is unable to take vacation due to illness, accident, or another statutory leave. Upon termination of employment, employers are required to pay all accrued but unused vacation pay.
Source: Annual vacation – CNESST
Maternity Leave in Quebec
Maternity leave in Quebec provides expecting mothers with job-protected time off work, as set out under the Act Respecting Labour Standards. Quebec’s income replacement during leave is administered separately through the Québec Parental Insurance Plan (RQAP).
- Maternity leave: Up to 18 consecutive weeks of job-protected leave.
- Parental leave: Up to 65 consecutive weeks, which may be taken by either parent or shared between them, in accordance with the Labour Standards.
The total duration and timing of maternity and parental leave depend on how the leaves are scheduled and whether they are taken consecutively or concurrently. Statutory leave entitlements are separate from benefit payments under RQAP.
An employee may take unpaid special maternity leave if:
- The pregnancy presents a danger to the employee’s health or to the unborn child, and
- The risk is certified by a medical professional
In the event of pregnancy termination:
- Before the 20th week of pregnancy: The employee is entitled to up to 3 weeks of unpaid absence.
- At or after the 20th week of pregnancy: The employee is entitled to maternity leave under the Act Respecting Labour Standards.
Employers must reinstate employees to their former position or an equivalent position, with the same wages and benefits they would have received had they remained at work.
Source: Maternity Benefits – Quebec.ca
Paternity and Parental Leave in Quebec
Quebec provides job-protected leave for parents following the birth of a child. This includes paternity leave for fathers or the female spouse of the birth mother, and parental leave, which can be shared between parents.
Paternity Leave
This leave is available to the biological father or the partner of the birth mother.
- Duration: Up to 5 consecutive weeks.
- Timing: Can begin as early as the week of the child’s birth; must end within the overall parental leave period, which is 85 weeks from the birth/adoption/entrusted week.
- Payment: Unpaid by the employer. Income replacement is available through the Quebec Parental Insurance Plan (QPIP).
Parental Leave
This leave is available to both parents and is in addition to maternity or paternity leave.
- Duration: Up to 65 consecutive weeks.
- Timing: Must end within 85 weeks from the birth/adoption/entrusted week.
- Flexibility: Parents can split these weeks between them simultaneously or consecutively.
Employees must provide the employer with at least 3 weeks’ written notice before the start of the leave. This period may be shortened if the child arrives earlier than expected.
Upon return, the employer must reinstate the employee to their former position or an equivalent one with the same wages and benefits.
Parental leave may be divided into weeks rather than taken all at once, only with the employer’s consent. However, if the child is hospitalized, the employee has a statutory right to suspend the leave temporarily and return to work during the hospitalization.
Source: Parental leave – CNESST
Adoption Leave in Quebec
Adoptive parents in Quebec receive leave entitlements similar to those of biological parents. Additionally, both adoptive parents may take 5 days off (2 paid days) at the time of adoption, which must be taken within 15 days of the child’s arrival in the home.
Bereavement Leave in Quebec
Bereavement leave in Quebec depends on the employee’s relationship to the deceased. Employees who have lost an immediate family member, such as a spouse, child, spouse’s child, parent, or sibling, are entitled to five days of leave, with two of those days being paid.
For extended family members, including in-laws, grandparents, or grandchildren, employees are entitled to one day of unpaid leave.
Source: Death and funeral – CNESST
Other Types of Leave in Quebec
Quebec provides several other specialized leave types for specific circumstances.
Jury Duty Leave
Quebec law requires all employers to allow employees to take unpaid leave to attend court as jurors. While employers are not required to pay employees during jury duty absence, jurors receive compensation from the government at a rate of $103 per day for the first 57 days, increasing to $160 thereafter. Importantly, employers may not dismiss, threaten to fire, penalize, suspend, discipline, or punish employees in any way for fulfilling their civic duty as jurors.
Military/Reservist Leave
This leave can extend up to 18 months for operations abroad, including preparation, training, rest, and travel time. For domestic operations, reservists may take leave to assist in major disasters, support civil authorities at the request of Quebec’s Attorney General, or respond to other government-designated emergencies. Additionally, reservists are entitled to 15 days of unpaid leave each calendar year for annual training. Employees must provide at least 4 weeks’ written notice to their employer, though this requirement may be shortened in emergency situations.
Voting Leave
According to electionsquebec.qc.ca, Quebec employers must ensure that employees have 4 consecutive paid hours available to vote during polling hours (9:30 am to 8 pm) on election day. This requirement applies to both full-time and part-time employees. Employers cannot deduct any wages for this time off, and employees cannot be compelled to use their lunch break as part of these 4 hours. If employees already have 4 consecutive available hours to vote before or after their shift, additional time off is not required.
Wedding Leave
Quebec provides job-protected leave for weddings and civil union ceremonies. Employees are entitled to 1 day of paid leave for their own wedding or civil union if it occurs on a workday. Additionally, employees may take 1 day of unpaid leave to attend the wedding or civil union of their child, parent, sibling, or spouse’s child when the event falls on a workday.
Leave for Victims of Crime
Quebec labour standards provide up to 104 weeks of unpaid leave for employees who are seriously injured in a crime and unable to perform their regular job duties. The same duration of leave is available if an employee’s minor child is seriously injured in a crime and unable to carry out regular activities. This specialized leave acknowledges the significant impact crime can have on victims and their families, providing extended job protection during recovery periods.
Check out our guides on key leaves, rights and obligations in other provinces, including:
- Leave of Absence in Alberta
- Leave of Absence in Ontario
- Leave of Absence in New Brunswick
- Leave of Absence in British Columbia
What Are Employer Obligations Regarding Leaves of Absence in Quebec?
Employers in Quebec have 4 main obligations regarding employee leaves of absence.
- Prohibition against retaliation: Employers cannot dismiss, suspend, transfer, discriminate against, or take reprisals against employees for taking entitled leaves.
- Return to work guarantees: Employees must be reinstated to their previous position with the same wages and benefits they would have received had they remained at work.
- Record-keeping: Employers must maintain accurate records of employee leaves and related documentation.
- Policy updates: With Bill 68’s implementation, employers should review and update absence policies to ensure compliance with the new documentation restrictions.
Employers who violate these obligations may face complaints under the Act Respecting Labour Standards, which could result in penalties or remedial orders.
What Are Employee Responsibilities During Leave in Quebec?
While on leave, employees in Quebec also have certain responsibilities.
- Provide appropriate notice: Different leaves require different notice periods, generally ranging from immediate notification to several weeks.
- Submit required documentation: Where permitted by law, employees must provide documentation when requested by their employer.
- Maintain communication: Employees should keep employers informed of any changes to their leave status or return date.
- Return to work as scheduled: Employees must return to work at the end of their leave period unless an extension has been approved.
Failure to meet these responsibilities could potentially impact an employee’s leave entitlements or employment status, though specific protections exist to prevent unfair treatment.
FAQs related to Leave of Absence in Quebec
How is vacation pay calculated for part-time employees in Quebec?
Vacation pay for part-time employees is calculated the same way as for full-time employees - either 4% or 6% of gross wages earned during the reference year, depending on years of service. The percentage applies to actual earnings, so part-time employees naturally receive proportionally less vacation pay based on their lower earnings.
What happens if I need to extend my maternity leave due to health complications?
If you need to extend your maternity leave due to health complications, you may be able to use sick leave provisions for additional time off. You should provide your employer with a medical certificate indicating the need for an extension. Sometimes, you might also qualify for QPIP sickness or disability benefits.
Where do I apply for Quebec Parental Insurance Plan (QPIP) benefits?
You can apply for QPIP benefits online through the official Quebec government website at www.rqap.gouv.qc.ca. Applications can be submitted up to the week before you want benefits to begin. You'll need to create an online account and provide information about your employment situation and expected leave dates.
Why does Bill 68 restrict employers from requesting medical notes?
Bill 68 restricts medical note requests to reduce the administrative burden on Quebec's healthcare system. The legislation recognizes that medical appointments for obtaining absence documentation create unnecessary strain on medical resources and physicians' time, which could be better allocated to patient care.
Can I lose my job if I take too many sick days in Quebec?
While Quebec law protects employees taking entitled leaves, excessive absenteeism beyond statutory entitlements can potentially lead to employment consequences. However, employers must act reasonably and cannot terminate employment for legitimate uses of entitled leave. Disciplinary action may be taken if absences are suspected to be unjustified or fraudulent.
Can my employer refuse my leave of absence request in Quebec?
For leaves protected under the Act Respecting Labour Standards, your employer cannot refuse them. However, they may request reasonable documentation (such as a medical certificate) depending on the type of leave. Discretionary leaves not covered by law may be refused at the employer's discretion.
Is parental leave paid in Quebec?
The leave itself under provincial labour standards is unpaid, but Quebec has the Quebec Parental Insurance Plan (QPIP), which provides income replacement benefits during maternity, paternity, adoption, and parental leave. Benefits typically range from 55% to 75% of your average weekly earnings, depending on the plan you choose.
Do I keep my job after a leave of absence in Quebec?
Yes. For leaves protected under Quebec labour standards, your employer must reinstate you to your former position with the same salary and benefits upon your return. If the position no longer exists, you must be assigned to a comparable position with at least equivalent wages.
How do I apply for QPIP benefits during my leave?
You can apply for Quebec Parental Insurance Plan benefits online through the QPIP website or by calling their customer service. You'll need to provide personal information, employment details, and documentation such as proof of pregnancy or adoption. Apply early, as processing takes time.
What is family obligations leave in Quebec?
Family obligations leave allows employees to take up to 10 days per year to fulfill responsibilities related to the care, health, or education of their child or spouse's child, or due to the health of a family member. The first two days are paid for employees with three months of service.
The bottom line
Quebec’s leave of absence provisions offer employee protection while balancing employer interests. The recent passage of Bill 68 represents a significant shift in documentation requirements for certain leaves, aligning with broader efforts to reduce the administrative burden on the healthcare system.
Understanding these leave entitlements is essential for maintaining compliant workplace practices and supporting employee well-being. Consulting with an employee benefits expert is recommended for specific situations or complex leave scenarios to ensure all obligations are adequately met.
