9.00 Rest Periods and Special Leave

9.01. (1) The employer grants the employee a maximum period of 1 hour without pay for meals. The employee is paid for his meal period when he is unable to leave the work premises and when the period cannot be postponed;

(1.1) where the employer requires the employee to work 12 continuous hours, the employee is entitled to a paid 30-minute period for meals;

(2) (paragraph revoked);

(3) the employer grants employees a paid 15-minute rest period after a period of work of 3 hours and 45 minutes and a second paid 15-minute rest period after a period of work of 6 hours and 45 minutes. Periods of work are computed by day or by shift, using the method that is more advantageous to the employee;

(4) for the purposes of this section, the worker is considered to have worked the number of hours equal to the number of hours for which he is paid.

R.R.Q., 1981, c. D-2, r. 40, a. 9.01; D. 2280-84, a. 5; D. 1808-92, a. 15; D. 99-96, a. 7; D. 1381-99, a. 8; D. 736-2005, a. 12; D. 988-2012, a. 24; D. 158-2020, a. 26.

9.02. In the event of the death of the employee’s spouse, child or the child of the employee’s spouse, the employee may be absent from work for 5 working days with pay. The employee may also be absent for an additional period not exceeding one week on such occasion, but without pay. If the death resluts from suicide or a criminal offence, the employee may benefit from the provisions of sections 79.11, 79.12 and 79.15 of the Act respecting labour standards (chapter N-1.1).

R.R.Q., 1981, c. D-2, r. 40, a. 9.02; D. 1808-92, a. 19; D. 736-2005, a. 13; D. 988-2012, a. 25.

9.03. In the event of the death of the following family members: mother, father, brother, sister; the employee may be absent from work for 3 days without reduction of wages. The employee may also be absent for 3 additional days on such occasion, but without pay.

R.R.Q., 1981, c. D-2, r. 40, s. 9.03; O.C. 1808-92, s. 19; O.C. 736-2005, s. 14; O.C. 988-2012, s. 26

9.04. In the event of the death of the following family members: father-in-law, mother-in-law, sister-in-law, brother-in-law, grandfather, grandmother; the employee may be absent from work for 1 day without reduction of wages. The employee may also be absent for 3 additional days on such occasion, but without pay.

R.R.Q., 1981, c. D-2, r. 40, a. 9.04; D. 1808-92, a. 19; D. 736-2005, a. 15; D. 988-2012, a. 27.

9.05. An employee may be absent from work for 1 day without reduction of wages in the event of the death of a grandchild, a son-in-law or a daughter-in-law. The employee may also be absent for an additional day on such occasion, but without pay.

R.R.Q., 1981, c. D-2, r. 40, a. 9.05; D. 1808-92, a. 19; D. 99-96, a. 8; D. 988-2012, a. 28.

9.05.1. (Replaced).

O.C. 1808-92, s. 19; O.C. 99-96, s. 8.

9.05.2. For the purposes of sections 9.02 to 9.05, the employee may exercise the right to be absent as of the death or funeral, without exceeding the following periods, taking the special conditions into account:

(1) beyond the week after the date of the funeral where the death or funeral occurs inside the country. However, on presentation of a supporting document, the employee may have 2 days of leave to attend the interment or cremation of the body or its placement in a public vault. The employee must advise the employer of the absence as soon as the date becomes known;

(2) beyond 30 days after the date of the death where the death or funeral occurs outside the country. In the event that a death for which the employee is entitled to a vacation under sections 9.02 to 9.05 occurs during the employee’s annual vacation, unless there is an agreement between the employee and the employer concerning the resumption of the vacation at a later date, the employee’s annual vacation must be extended by a period equivalent to the vacation to which the employee is entitled.

O.C. 158-2020, s. 27.

9.06. (Revoked).

R.R.Q., 1981, c. D-2, r. 40, s. 9.06; O.C. 99-96, s. 8; O.C. 988-2012, s. 29

9.07. An employee may be absent from work for 1 day, with pay, on his wedding day or day of his civil union. He may also be absent for 4 additional days, with pay, by using the annual vacation days provided for in sections 7.02 to 7.04 or any leave with pay that he has to his credit and that is provided for in section 8.01.

R.R.Q., 1981, c. D-2, r. 40, s. 9.07; O.C. 1808-92, s. 20; O.C. 99-96, s. 8; O.C. 736-2005, s. 16; O.C. 158-2020, s. 28.

9.08. An employee may be absent from work, without pay, on the wedding day or day of the civil union of one of his children, of his father, mother, brother, sister or of one of the children of his spouse. The employee must advise his employer of his absence at least 1 week in advance.

O.C. 1755-87, s. 5; O.C. 1808-92, s. 20; O.C. 99-96, s. 8; O.C. 736-2005, s. 17.

9.09. In the event of the birth of his child, the adoption of a child or the termination of the pregnancy in or after the twentieth week of pregnancy, an employee may be absent from work for 5 days. The fi rst 2 days of absence are with pay. This leave may be taken as separate days at the employee’s request. If the employee was not absent when the child was born or adopted, he may take the leave for the baptism of the child. In order to replace 1 of the 3 days of such leave without pay, an employee who is absent on a working day may use a day of paid annual vacation provided for in sections 7.02 to 7.04, or a day of leave with pay that he has to his credit and that is provided for in section 8.01.

O.C. 99-96, s. 8; O.C. 736-2005, s. 18 ; O.C. 158-2020, s. 29.

9.10. For each of the events provided for in sections 9.02 to 9.09, an employee is entitled to 1 additional day of absence if, to attend the event in question, he must travel more than 175 km from his residence. This additional day is with pay in the case provided for in sections 9.02 to 9.05, 9.07 and 9.09 and is without pay in the case provided for in sections 9.06 and 9.08.

O.C. 99-96, s. 8.

9.11. (Revoked).

O.C. 99-96, s. 8; O.C. 736-2005, s. 19 ; O.C. 158-2020, s. 30.

9.12. In the circumstances mentioned in sections 9.02 to 9.07 and 9.09, the employee must notify the employer of his absence as soon as possible.

O.C. 99-96, s. 8 ; O.C. 158-2020, s. 31.

9.13. When moving to a new address, an employee may, once every year, use a day of leave with pay that the employee has to the employee’s credit and that is provided for in section 8.01.

O.C. 99-96, s. 8; O.C. 158-2020, s. 32.