Decree respecting the automotive services industry in the montréal region

DIVISION 8.00 – ABSENCES AND SPECIAL LEAVES

8.01.

An employee may be absent from work for 3 days, without reduction of wages, by reason of the death or the funeral of his spouse, his child or the child of his spouse, or of his father, mother, brother or sister. He may also be absent from work, without pay, for 2 more days on such occasion.

R.R.Q., 1981, c. D-2, r. 46, s. 8.01; O.C. 1386-99, s. 7.
8.02.

An employee may be absent from work for 1 day, without reduction of wages, by reason of the death or funeral of a son-in-law, daughter-in-law, one of his grandparents or grandchildren, or of the father, mother, brother or sister of his spouse.

R.R.Q., 1981, c. D-2, r. 46, s. 8.02; O.C. 1386-99, s. 7.
8.03.

In the circumstances referred to in sections 8.01 and 8.02, the employee must advise his employer of his absence as soon as possible.

R.R.Q., 1981, c. D-2, r. 46, s. 8.03; O.C. 296-92, s. 28; O.C. 1386-99, s. 7.
8.04.

An employee may be absent from work for 1 day, without reduction of wages, on the day of his wedding or civil union.

An employee may also be absent from work, without pay, on the day of the wedding or civil union of one of his children, of his father, mother, brother or sister or of a child of his spouse.

The employee must advise his employer of his absence not less than 1 week in advance.

R.R.Q., 1981, c. D-2, r. 46, s. 8.04; O.C. 296-92, s. 28; O.C. 1386-99, s. 7; O.C. 33-2007, s. 18.
8.05.

An employee may be absent from work for 5 days by reason of the birth of his child, the adoption of a child or where there is a termination of pregnancy in or after the twentieth week of pregnancy. The first 2 days of absence are remunerated.

This leave may be divided into days at the request of the employee. It may not be taken more than 15 days after the child arrives at the residence of his or her father or mother or a termination of pregnancy, as the case may be.

The employee must advise his employer of his absence as soon as possible.

R.R.Q., 1981, c. D-2, r. 46, s. 8.05; O.C. 296-92, s. 28; O.C. 1386-99, s. 7; O.C. 33-2007, s. 19; O.C. 484-2012, s. 5; O.C. 57-2021, s. 5.
8.06.

An employee may be absent from work for 10 days per year to fulfil 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 or a person for whom the employee acts as a caregiver, as attested by a professional working in the health and social services sector and governed by the Professional Code (chapter C-26).

The leave may be divided into days. A day may also be divided if the employer consents thereto.

If it is warranted, by the duration of the absence for instance, the employer may request that the employee furnish a document attesting to the reasons for the absence.

The employee must advise the employer of his absence as soon as possible and take the reasonable steps within his power to limit the leave and the duration of the leave.

The first 2 days taken annually are remunerated according to the calculation formula described in section 62 of the Act respecting labour standards (chapter N-1.1), with any adjustments required in the case of division. The employee becomes entitled to such remuneration on being credited with 3 months of uninterrupted service, even if the employee was absent previously.

R.R.Q., 1981, c. D-2, r. 46, s. 8.06; O.C. 296-92, s. 28; O.C. 1386-99, s. 7; O.C. 33-2007, s. 20; O.C. 57-2021, s. 6.
8.07.

An employee may be absent from work for a period of not more than 26 weeks over a period of 12 months owing to sickness, an organ or tissue donation for transplant, an accident, domestic violence or sexual violence of which the employee has been a victim.

An employee may, however, be absent from work for a period of not more than 104 weeks if the employee suffers a serious bodily injury during or resulting directly from a criminal offence that renders the employee unable to hold the employee’s regular position. In that case, the period of absence does not begin before the date on which the criminal offence was committed, or before the expiry of the period provided for in the first paragraph, where applicable, and does not end later than 104 weeks after the commission of the criminal offence.

However, this section does not apply in the case of an employment injury within the meaning of the Act respecting industrial accidents and occupational diseases (chapter A-3.001).

R.R.Q., 1981, c. D-2, r. 46, s. 8.07; O.C. 296-92, s. 28; O.C. 1386-99, s. 7; O.C. 33-2007, s. 20; O.C. 57-2021, s. 7.
8.07.1.

The second paragraph of section 8.07 applies if it may be inferred from the circumstances of the event that the employee’s serious bodily injury is probably the result of a criminal offence.

However, an employee may not take advantage of such a period of absence if it may be inferred from the circumstances that the employee was probably a party to the criminal offence or probably contributed to the injury by a gross fault.

O.C. 57-2021, s. 8.
8.07.2.
The second paragraph of section 8.07 applies if the employee suffered the injury

(1) while lawfully arresting or attempting to arrest an offender or suspected offender or assisting a peace officer making an arrest; or

(2) while lawfully preventing or attempting to prevent the commission of an offence or suspected offence, or assisting a peace officer who is preventing or attempting to prevent the commission of an offence or suspected offence.

O.C. 57-2021, s. 8.
8.08.

In the cases provided for in section 8.07, an employee must advise the employer as soon as possible of an absence from work and give the reasons therefore.

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.

During a period of absence under the second paragraph of section 8.07, the employee may return to work intermittently or on a part-time basis if the employer consents to it.

R.R.Q., 1981, c. D-2, r. 46, s. 8.08; O.C. 296-92, s. 28; O.C. 1386-99, s. 7; O.C. 33-2007, s. 20; O.C. 57-2021, s. 9.
8.09.

An employee’s participation in the group insurance and pension plans recognized in the employee’s place of employment shall not be affected by the absence from work provided for in section 8.07, subject to regular payment of the contributions payable under those plans, the usual part of which is paid by the employer.

O.C. 296-92, s. 28; O.C. 1386-99, s. 7; O.C. 33-2007, s. 20.
8.10.

At the end of the absence provided for in section 8.07, the employer shall reinstate the employee in the employee’s former position with the same benefits, including the wages to which the employee would have been entitled had the employee remained at work. If the position held by the employee no longer exists when the employee returns to work, the employer shall recognize all the rights and privileges to which the employee would have been entitled if the employee had been at work at the time the position ceased to exist.

Nothing in the first paragraph shall prevent an employer from dismissing, suspending or transferring an employee if, in the circumstances, the consequences of an absence for a reason referred to in section 8.07 or the repetitive nature of the absences constitute, according to in the circumstances, good and sufficient cause.

O.C. 296-92, s. 28; O.C. 1386-99, s. 7; O.C. 33-2007, s. 20; O.C. 484-2012, s. 6; O.C. 57-2021, s. 10.
8.11.

If the employer makes dismissals or layoffs that would have included the employee had the employee remained at work, the employee retains the same rights with respect to a return to work as the employees who were dismissed or laid off.

O.C. 296-92, s. 28; O.C. 1386-99, s. 7; O.C. 33-2007, s. 20.
8.12.

This division shall not grant to an employee any benefit to which the employee would not have been entitled if the employee had remained at work.

O.C. 296-92, s. 28; O.C. 1386-99, s. 7; O.C. 33-2007, s. 20.
8.13.

An employee may be absent from work for a period of not more than 16 weeks over a period of 12 months where the employee must stay with a relative or a person for whom the employee acts as a caregiver, as attested by a professional working in the health and social services sector and governed by the Professional Code (chapter C-26), because of a serious illness or a serious accident. Where the relative or person is a minor child, the period of absence is not more than 36 weeks over a period of 12 months.

An employee may be absent from work for a period of not more than 27 weeks over a period of 12 months where the employee must stay with a relative, other than his minor child, or a person for whom the employee acts as a caregiver, as attested by a professional working in the health and social services sector and governed by the Professional Code, because of a serious and potentially mortal illness, attested by a medical certificate.

An employee must advise the employer as soon as possible of an absence from work and, at the employer’s request, furnish a document justifying the absence.

However, if a minor child of the employee has a serious and potentially mortal illness, attested by a medical certificate, the employee is entitled to an extension of the absence, which shall end at the latest 104 weeks after the beginning thereof. Section 8.09, the first paragraph of section 8.10 and sections 8.11 and 8.12 apply, with the necessary modifications, to the employee’s absence.

O.C. 33-2007, s. 20; O.C. 57-2021, s. 11.
8.14.

An employee is entitled to an extension of the period of absence under the first paragraph of section 8.13, which ends not later than 104 weeks after the beginning of that period, if the employee must stay with the employee’s minor child who suffered serious bodily injury during or resulting directly from a criminal offence that renders the child unable to carry on regular activities.

O.C. 484-2012, s. 7.
8.15.

In accordance with the provisions of the Act respecting labour standards (chapter N-1.1), an employee may be absent from work

(1) (paragraph revoked);

(2) if the employee’s minor child has disappeared or by reason of the death of the employee’s minor child;

(3) if the employee’s spouse, father, mother or child of full age commits suicide;

(4) if the death of the employee’s spouse or child of full age occurs during or results directly from a criminal offence; or

(5) if the employee is also a reservist of the Canadian Forces.

O.C. 484-2012, s. 7; O.C. 57-2021, s. 12.
8.15.1.

Except with respect to the death of the employee’s minor child, sections 8.14 and 8.15 apply if it may be inferred from the circumstances of the event that the serious bodily injury is probably the result of a criminal offence, the death is probably the result of such an offence or of a suicide, or the person who has disappeared is probably in danger.

However, an employee may not take advantage of the provisions if it may be inferred from the circumstances that the employee or, in the case of paragraph 4 of section 8.15, the deceased person was probably a party to the criminal offence or probably contributed to the injury by a gross fault.

Section 8.14 and paragraph 4 of section 8.15 apply if the injury or death occurs in one of the situations described in section 8.07.2.

A period of absence under sections 8.14 and 8.15 must not begin before the date on which the criminal offence that caused the serious bodily injury was committed or before the date of the death or disappearance and must not end later than 104 weeks after that date. However, during the period of absence, the employee may return to work intermittently or on a part-time basis if the employer consents to it.

If, during the same 104-week period, a new event occurs, affecting the same child and giving entitlement to a new period of absence, the maximum period of absence for those two events may not exceed 104 weeks from the date of the first event.

O.C. 57-2021, s. 13.
8.15.2.

Sections 8.08 to 8.12 apply to the periods of absence provided for in sections 8.13, 8.14 and 8.15, with the necessary modifications.

The entitlement provided for in the fifth paragraph of section 8.06 applies in the same manner to absences authorized under section 8.07. However, the employer is not required to remunerate more than 2 days of absence in the same year, if the employee is absent from work for a reason referred to in those sections.

O.C. 57-2021, s. 13.
8.16.

An employee who is required to appear as a witness before a court or a quasi-judicial body in a case concerning his or her employer, other than a grievance or penal proceedings instituted by the parity committee, where the employee is not one of the interested parties has no reduction in wages for the period during which the employee’s presence is required in court.

O.C. 484-2012, s. 7.
8.17.

In accordance with the provisions of the Act respecting labour standards (chapter N-1.1), a pregnant employee is entitled to a maternity leave, an employee is entitled to a paternity leave and the father and the mother of a newborn child, and a person who adopts a child, are entitled to parental leave.

An employee may be absent from work without pay for a medical examination related to her pregnancy or for an examination related to her pregnancy carried out by a midwife.

The employee must advise her employer as soon as possible of the time at which she will be absent.

O.C. 484-2012, s. 7.
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