8.00 Leave Owing to Sickness, an Accident, Family Obligations or Personal Reasons

8.01. The regular employee acquires a leave credit equal to 2.31% of the hours paid, including annual leave, holidays, leave owing to sickness, an accident, family
obligations or personal reasons, and overtime hours, for each month of service with the employer. The leave hour credit is computed as a number of hours at the end of each month of service.

R.R.Q., 1981, c. D-2, r. 40, s. 8.01; O.C. 2280-84, s. 1; O.C. 1808-92, s. 15; O.C. 1038-2005, s. 3; O.C. 988-2012, s. 21; O.C. 158-2020, s. 20.

8.02. (Obsolete).

R.R.Q., 1981, c. D-2, r. 40, s. 8.02.

8.03. On 31 October of each year, the employer determines the total accumulated leave hour credits of each employee. The employer pays to the employee the amount in excess of 2% of the accumulated leave hour credits, not later than 10 December of each year, at the employee’s current hourly rate. Accumulated leave hour credits that are not paid under the second paragraph are accumulated from year to year.

R.R.Q., 1981, c. D-2, r. 40, s. 8.03; O.C. 2280-84, s. 2; O.C. 1808-92, s. 16; O.C. 99-96, s. 6; O.C. 1381-99, s. 7; O.C. 1038-2005, s. 4; O.C. 988-2012, s. 22; O.C. 158-2020, s. 21

​8.03.1. Except in the case of a resignation or dismissal, the employer pays all the leave hour credits accumulated by an employee

(1) whose employment is terminated due to a layoff lasting longer than 13 months;

(2) who was laid off and cannot work more than 35 km from the employee’s residence;

(3) who retires.

O.C. 988-2012, s. 23 ; O.C. 158-2020, s. 22.

8.04. (Revoked).

R.R.Q., 1981, c. D-2, r. 40, a. 8.04; D. 2280-84, a. 3

8.05. The sick leave with wages applies as of the first day of absence for sickness.

R.R.Q., 1981, c. D-2, r. 40, s.

8.06. To be entitled to a sick leave with pay, the employee shall notify his employer as of the first day of his absence unless he is prevented to do so due to unforeseeable circumstances.

R.R.Q., 1981, c. D-2, r. 40, s. 8.06; O.C. 2280-84, s. 4.

8.07. (Revoked).

R.R.Q., 1981, c. D-2, r. 40, s. 8.07; O.C. 1808-92, s. 17; O.C. 158-2020, s. 23.

8.08. An employee may, on approval of the employer, use accumulated days of leave to make up for a lack of work owing to a power failure or fi re at the employee’s workplace.

O.C. 1808-92, s. 18; O.C. 158-2020, s. 24.

8.09. An employee who has 3 months of uninterrupted service may be absent from work for a period of not more than 26 weeks over a period of 12 months owing to one of the reasons provided for in section 79.1 of the Act respecting labour standards (chapter N-1.1), in particular, sickness, an accident, domestic violence or sexual violence. The first paragraph does not apply to accidents covered by the Act respecting industrial accidents and occupational diseases (chapter A-3.001). An employee must advise the employer as soon as possible of a period of absence from work, giving the reasons for it. If it is warranted by the duration of the absence or its repetitive nature, for instance, the employer may request that the employee furnish a document attesting to those reasons.

O.C. 158-2020, s. 25.

​8.10. An employee who has 3 months of uninterrupted service may be absent from work 10 days a year to fulfil family obligations, in accordance with section 79.7 of the Act respecting labour standards (chapter N-1.1). 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 the absence as soon as possible and take reasonable steps within the employee’s power to limit the leave and its duration.

O.C. 158-2020, s. 25.

8.11. The first 2 days of leave taken annually by a probationary employee who has 3 months of uninterrupted service owing to one of the reasons provided for in section 8.09 or 8.10 are paid according to the following formula: 1/20 of the wages earned during the 4 complete weeks of pay preceding the week of the holiday excluding overtime hours. The wages paid are deducted from the employee’s accumulated leave hour credits. If there are no or insufficient credits, the employee repays them using subsequent accumulated leave hour credits.

O.C. 158-2020, s. 25.

8.12. On 1 January of each year, if a regular employees who has 3 months of uninterrupted service and no accumulated leave hour credits must be absent owing to one of the reasons provided for in section 8.09 or 8.10, the first 2 days of absence are paid by the employer according to the formula provided for in section 8.11.

O.C. 158-2020, s. 25.