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Article 25 - Parental rights

SECTION I GENERAL PROVISIONS

25.01

Maternity, paternity and adoption leave allowances are only paid as supplements to parental insurance or employment insurance benefits, as the case may be, or, in the cases provided for hereinafter, as payments during a period of absence that is not covered by either the Québec Parental Insurance Plan or the Employment Insurance Plan.

Subject to 25.11-A and 25.11A, maternity, paternity or adoption leave allowances are, however, only paid during the weeks when employees receive benefits under the Québec Parental Insurance Plan or the Employment Insurance Plan or would receive such benefits if they were to apply.

If an employee shares the adoption or parental leave provided under the Québec Parental Insurance Plan or the Employment Insurance Plan with their spouse, the allowance is not paid unless the employee actually receives benefits under one of these plans during the maternity leave provided for in clause 25.05, the paternity leave provided for in 25.21A or the adoption leave provided for in 25.22A.

25.02

When both parents are women, the allowances and benefits granted to fathers are then granted to the mother who does not give birth to the child.

25.03

The Employer does not reimburse employees for any amounts required of them either by the Ministère de l’Emploi et de la Solidarité sociale pursuant to the application of the Act respecting Parental Insurance (CQLR, c. A-29.011) or by Employment and Social Development Canada (ESDC) under the terms of the Employment Insurance Act (SC 1996, c.23).

25.03A

Basic weekly salary,1 deferred weekly salary and allowances due when employees leave will be neither increased nor reduced by payments received under the Québec Parental Insurance Plan or by supplemental benefits under the Employment Insurance Plan.

25.04

Unless explicitly stipulated otherwise, this Article cannot have the effect of conferring a monetary or non-monetary benefit on employees that they would not have had if they had remained at work.

1 “Basic weekly salary” means employees’ regular salary, including their regular salary supplement, for one (1) work week as regularly increased, as well as any additional remuneration payable to them under the collective agreement for post-graduate training or responsibility premiums (excluding other premiums), without any other additional remuneration, even for overtime.

SECTION II MATERNITY LEAVE

25.05

Pregnant employees eligible for the Québec Parental Insurance Plan are entitled to twenty-one (21) weeks of maternity leave that, subject to clause 25.08 or 25.08A, must be taken consecutively.

Pregnant employees who are not eligible for the Québec Parental Insurance Plan are entitled to twenty (20) weeks of maternity leave that, subject to clause 25.08 or 25.08A, must be taken consecutively.

Employees who become pregnant while on leave without pay or part-time leave without pay under this Article are also entitled to this maternity leave and the allowances provided in clauses 25.10, 25.11 and 25.11A, as the case may be.

An employee whose spouse dies receives the remainder of the twenty (20) weeks of leave and is entitled to all the related rights and allowances.

25.06

An employee whose pregnancy comes to an end after the beginning of the twentieth (20th) week preceding the expected date of delivery is also entitled to this maternity leave.

25.07

The distribution of maternity leave before and after the birth of the child is up to the employee. This leave is simultaneous with the period during which benefits are paid under the Act respecting parental insurance and must begin no later than the week following the start of payment of benefits under the Québec Parental Insurance Plan.

In the case of employees eligible for benefits under the Employment Insurance Plan, the maternity leave must include the day of birth.

25.08

Employees who have recovered sufficiently from giving birth but whose child is not ready to leave the health-care institution may suspend their maternity leave by returning to work. They then take the rest of their maternity leave once the child comes home.

Furthermore, employees who have recovered sufficiently from giving birth but whose child is hospitalized after having been discharged from the health-care institution may suspend their maternity leave, after agreement with the Employer, by returning to work for the duration of the child’s hospitalization.

25.08A

At the employee’s request, maternity leave may be split into week-long periods if the child is hospitalized or for a situation other than a pregnancy-related illness that would warrant the employee’s absence from work under Sections 79.1 and 79.8 to 79.12 of the Act respecting labour standards2 (CQLR, c. N-1.1).

The maximum number of weeks during which maternity leave may be suspended is equal to the number of weeks that the child is hospitalized. For other possibilities of splitting the leave, the maximum number of weeks for which the leave may be suspended is what is set out in the Act respecting labour standards for such a situation.

2 To make it easier to understand clause 25.08A, the APTS has included the relevant sections of the Act respecting labour standards (see pages 305 to 308).

During such a suspension of maternity leave, employees are deemed to be on leave without pay and do not receive any allowance or benefits from the Employer; they are nonetheless entitled to the benefits provided for in clause 25.28.

25.08B

When employees resume their maternity leave that has been suspended or split under clause 25.08 or 25.08A, the Employer pays them the allowance to which they would have been entitled had they not suspended or split their leave, for the number of weeks of leave left under clauses 25.10, 25.11 or 25.11A, as the case may be, subject to clause 25.01.

25.09

To obtain maternity leave, employees must give the Employer advance notice in writing at least two (2) weeks before going on leave. This advance notice must be accompanied by a medical certificate or written report signed by a midwife attesting to the pregnancy and the expected date of birth.

The prescribed period of advance notice may be reduced if a medical certificate attests that they must leave their job sooner than anticipated. In the event of unforeseen circumstances, employees are exempted from the formality of advance notice, subject to giving the Employer a medical certificate attesting that they had to leave their job immediately.

Cases eligible for the Québec Parental Insurance Plan (QPIP)

25.10

Employees who have accumulated twenty (20) weeks of service3 and who are eligible for benefits under the Québec Parental Insurance Plan receive, for the twenty-one (21) weeks of their maternity leave, an allowance calculated with the following formula:4

  1. by adding:
    1. an amount equal to 100% of their basic weekly salary, up to a maximum amount of $225;
    2. plus 88% of the difference between their basic weekly salary and the amount established in a);
  2. and by subtracting from that sum the amount of maternity or parental benefits they receive from the Québec Parental Insurance Plan, or would receive if they were to apply for them.

This allowance is calculated on the basis of the Québec Parental Insurance Plan benefits that employees are entitled to receive, without taking into consideration the amounts subtracted from such benefits because of reimbursements of benefits, interest, penalties and other amounts recoverable under the terms of the Act respecting parental insurance.

3 An absent employee accumulates service if the absence is authorized, notably for disability, and involves benefits or remuneration.

4 This formula was used in order to take into account the fact that an employee in such circumstances enjoys a contributions waiver for pension plans, the Québec Parental Insurance Plan and the Employment Insurance Plan.

However, if the amount of the Québec Parental Insurance Plan benefits is modified following a change in the information provided by the Employer, the latter adjusts the amount of the allowance accordingly.

When employees work for more than one employer, the allowance is equal to the difference between the amount established in 25.10-1 and the amount of Québec Parental Insurance Plan benefits corresponding to the proportion of the basic weekly salary paid by each employer, in relation to the total basic weekly salary paid by all such employers. To this end, employees must provide each of their employers with a statement of their weekly salary from each of them along with the amount of benefits payable to them under the Act respecting parental insurance.

25.10A

The Employer may not compensate, through the allowance the Employer pays to employees on maternity leave, for the reduction in Québec parental insurance benefits attributable to salary earned from another employer.

Notwithstanding the provisions of the preceding paragraph, the Employer compensates for such a reduction if the employee demonstrates that the salary earned is customary salary, by means of a letter to this effect from the employer who pays it. If the employee demonstrates that only part of the salary is customary, compensation is limited to this part.

The employer who pays the customary salary mentioned in the preceding paragraph must provide this letter at the employee’s request.

The total amount in Québec parental insurance benefits, allowances and salary received by employees during maternity leave may not, however, exceed the gross amount established in 25.10-1. The formula must be applied to the sum of the basic weekly salaries received from their Employer, as stipulated in clause 25.10, or, as the case may be, from their employers.

Cases not eligible for Québec parental insurance benefits but eligible for employment insurance benefits

25.11

Employees who have accumulated twenty (20) weeks of service and who are eligible for the Employment Insurance Plan but not the Québec Parental Insurance Plan are entitled to receive an indemnity calculated in the following way, during the twenty (20) weeks of their maternity leave:

A. For each week of the waiting period provided in the Employment Insurance Plan, an allowance calculated in the following way:5

  1. An amount equal to 100% of their basic weekly salary, up to a maximum amount of $225;
  2. Plus 88% of the difference between their basic weekly salary and the amount established in a);

5 This formula was used in order to take into account the fact that employees in the same situation enjoy a contributions waiver for pension plans, the Québec Parental Insurance Plan and the Employment Insurance Plan.

B. For each week that follows the period stipulated in A, an allowance calculated in the following way:

  1. By adding:
    1. An amount equal to 100% of their basic weekly salary, up to a maximum amount of $225;
    2. Plus 88% of the difference between their basic weekly salary and the amount established in a);
  2. And by subtracting from that sum the amount of maternity or parental benefits they receive from the Employment Insurance Plan, or would receive if they were to apply for them.

This allowance is calculated on the basis of the employment insurance benefits that employees are entitled to receive, without taking into consideration the amounts subtracted from such benefits because of reimbursements of benefits, interest, penalties and other amounts recoverable under the terms of the Employment Insurance Plan.

However, if the amount of the employment insurance benefit is modified following a change in the information provided by the Employer, the latter adjusts the amount of the allowance accordingly.

When employees work for more than one employer, the allowance is equal to the difference between the amount established in 25.11-B-1 and the amount of Employment Insurance Plan benefits corresponding to the proportion of the basic weekly salary that the Employer pays, in relation to the total basic weekly salary paid by all the employers. To this end, the employees must provide each of their employers with a statement of their weekly salary from each of them along with the amount of benefits payable to them pursuant to the application of the Employment Insurance Act.

Furthermore, if Employment and Social Development Canada reduces the number of weeks of employment benefits to which the employees would have been entitled had they not received employment insurance benefits before their maternity leave, the employees continue to receive, for a period equal to the number of weeks deducted by ESDC, the allowance provided in B of this clause, as if they had been receiving employment insurance benefits during this period.

Clause 25.10A applies, with the necessary adjustments.

Cases not eligible for either the Québec Parental Insurance Plan or the Employment Insurance Plan

25.11A

Employees who are not eligible for Québec parental insurance benefits or employment insurance benefits are also excluded from any allowance provided under clauses 25.10 and 25.11.

Employees who have accumulated twenty (20) weeks of service are, however, entitled to an allowance calculated with the following formula, for twelve (12) weeks, if they do not receive benefits from a plan established in another province or territory:

By adding:

  1. An amount equal to 100% of their weekly basic salary, up to a maximum amount of $225;
  2. Plus 88% of the difference between their basic weekly salary and the amount established in a).

The fourth paragraph in clause 25.10A applies to this clause, with the necessary adjustments.

25.12

In cases covered by clause 25.10, 25.11 or 25.11A:

  1. No allowance may be paid during a vacation period for which the employees are remunerated.
  2. Unless the applicable pay period is weekly, the allowance is paid at two (2)-week intervals, although in the case of employees eligible for the Québec Parental Insurance Plan or the Employment Insurance Plan, the first payment is only due fifteen (15) days after the Employer receives proof that they are receiving benefits from one of these plans.
    For the purposes of this clause, a statement of benefits or information provided by the Ministère du Travail or by ESDC on an official statement is considered to be proof.
  3. Service is calculated on the basis of employment with all public and parapublic sector employers (public service, education, health and social services), health and social services agencies, agencies whose remuneration standards and scales are, by law, determined in accordance with the conditions defined by the government, the Office franco-québécois pour la jeunesse, the Société de gestion du réseau informatique des commissions scolaires, and any other agency listed in Schedule C of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (CQLR, c. R-8.2).
    Moreover, the requirement of twenty (20) weeks of service under clauses 25.10, 25.11 or 25.11A is deemed to have been fulfilled, should the case arise, if the employee has met this requirement with any of the employers mentioned in this clause.
  4. The basic weekly salary of part-time employees is the average of their basic weekly salary for the last twenty (20) weeks preceding their maternity leave.
    If the employees have received benefits during this period set at a certain percentage of their regular salary, it is agreed that the reference for the purposes of calculating their basic salary during maternity leave is the basic salary on which such benefits were set.
    Furthermore, any period during which employees on special leave under clause 25.19 do not receive any compensation from the Commission des normes, de l’équité, de la santé et sécurité du travail (CNESST), as well as the weeks during which they are on annual vacation leave or a leave of absence without pay provided for in the collective agreement, are excluded for the purposes of calculating their average basic weekly salary.
    If the period of the last twenty (20) weeks preceding part-time employees’ maternity leave includes the date of an increase in salary rates and scales, their basic weekly salary is calculated on the basis of the rate of pay in effect on that date. If the maternity leave also includes the date of an increase in salary rates and scales, the basic weekly salary is increased on that date in accordance with the formula for the adjustment of the applicable salary scale.
    The provisions of this clause constitute explicit stipulations for the purposes of clause 25.04.

25.13

During their maternity leave, employees are entitled to the following benefits insofar as they are normally entitled to them:

  • life insurance;
  • disability insurance, providing that they pay their share of contributions;
  • accumulation of annual vacation leave;
  • accumulation of sick leave;
  • accumulation of seniority;
  • accumulation of experience;
  • accumulation of seniority for job security purposes;
  • the right to apply for and obtain a position in accordance with the provisions of the collective agreement as if they were at work.

25.14

Employees may postpone up to four (4) weeks of annual vacation leave if those weeks fall within the period of maternity leave, providing they notify their Employer in writing no later than two (2) weeks prior to the end of the said leave, indicating the dates to which the vacation is postponed.

25.15

If the birth occurs after the due date, employees are entitled to an extension of their maternity leave equal to the period by which the baby is overdue, unless they already have at least two (2) weeks of maternity leave remaining after the birth.

Employees may benefit from an extension of maternity leave if the state of their health or their child’s health so requires. The duration of this extension is that which is indicated on the medical certificate that must be supplied by the employee.

During such extensions, employees are deemed to be on leave without pay and do not receive any allowance or benefit from the Employer. They are entitled to the benefits provided under clause 25.13 for the first six (6) weeks of the extension of their leave only, and subsequently to those mentioned in clause 25.28.

25.16

Maternity leave may be shorter than the period provided for in clause 25.05. If employees return to work within two (2) weeks of giving birth, they submit, at the Employer’s request, a medical certificate attesting that they are sufficiently recovered to resume work.

25.17

During the fourth (4th) week preceding the end of an employee’s maternity leave, the Employer must send the employee notice indicating the date on which the said leave is scheduled to end.

Employees to whom the Employer has sent the above notice must report for work when their maternity leave expires, unless their leave is extended as provided in clause 25.31.

Employees who do not comply with the preceding paragraph are deemed to be on leave without pay for a period of no more than four (4) weeks. At the end of this period, employees who have not reported for work are presumed to have resigned.

25.18

Upon returning from maternity leave, employees resume work in their position or, as the case may be, a position obtained at their request during their leave, in accordance with the provisions of the collective agreement.

If that position has been abolished or the employee has been bumped, the employee is entitled to the benefits they would have received had they then been at work.

Similarly, upon returning from maternity leave, employees who do not hold a position resume the assignment that they had at the time they went on leave if it is scheduled to continue after the end of the maternity leave. If the assignment is finished, the employee is entitled to any other assignment, in accordance with the provisions of the collective agreement.

25.19

Employees may request provisional assignment to another position that is vacant or temporarily without an incumbent in the same job title, or in another job title if they so consent, subject to the applicable provisions of the collective agreement, in the following cases:

  • a) they are pregnant and their working conditions involve risks of infectious disease or physical danger for their unborn child;
  • b) their working conditions involve hazards to the child they are breastfeeding;
  • c) they work regularly on a video display terminal.

Employees must present a medical certificate to this effect as soon as possible.

After receiving a request for protective re-assignment or leave,6 the Employer immediately notifies the Union and informs it of the employee’s name and the reasons given for the request.

An employee other than the one who has asked for a provisional assignment may exchange their position with the pregnant or breastfeeding employee for the duration of the period of the provisional assignment, if that other employee so consents and the Employer agrees. This provision applies, providing that both employees meet the normal requirements of the job.

6 Translator’s note: The CNESST uses the term “preventive withdrawal” (in French, retrait préventif) rather than “protective re-assignment” or “protective leave.”

The employee thus assigned to another position and the employee who agrees to take this employee’s position retain the rights and privileges attached to their respective regular positions.

The provisional assignment has priority over the assignment of employees on the availability list and is made to the same shift, if possible. However, the Employer cannot terminate a temporary replacement assignment or displace an employee to allow for provisional assignment.

If the provisional assignment is not effective immediately, the employee is entitled to special leave beginning immediately. Unless the special leave is brought to an end because the employee is given a provisional assignment, the special leave ceases on the day the employee gives birth, in the case of a pregnant employee, or at the end of the period of breastfeeding in the case of an employee who is nursing their child. For an employee who is eligible for benefits under the Act respecting parental insurance, however, the special leave ends as of the fourth week preceding the due date.

During the special leave provided in this clause, the employee’s benefits are governed by the provisions of the Act respecting occupational health and safety (CQLR, c. S-2.1) on protective leave or re-assignment of workers who are pregnant or breastfeeding.

However, following a written request to this effect, the Employer pays the employee an advance on the indemnity to be received, based on the payments that can be anticipated. If the CNESST pays the anticipated indemnity, the Employer’s advance is reimbursed from that indemnity. Otherwise, the advance is reimbursed at a rate of ten per cent (10%) of the amount paid in each pay period until the debt is repaid in full.

However, in the case of employees who exercise their right to ask for a review of the CNESST decision or to contest it before the administrative labour tribunal (Tribunal administratif du travail – TAT), no reimbursement can be required until the CNESST’s administrative review decision or, if applicable, the TAT’s decision is rendered.

Employees who work regularly on a video display terminal may request a reduction in the amount of time they spend working on a VDT. The Employer must then study the possibility of temporarily modifying the duties of those assigned to a video display terminal, without any loss of their rights, with a view to reducing the work on the video display terminal to a maximum of two (2) hours per half-day of work. If modifications are possible, the Employer then assigns the employees to other duties that they are reasonably able to perform for the remainder of their work time.

25.19A

 Employees are also entitled to special leave in the following cases:

  • a) when a complication in the pregnancy or a danger of miscarriage requires them to stop work for a period of time prescribed by a medical certificate; this special leave may not, however, last beyond the beginning of the fourth (4th) week preceding the date the baby is due;
  • b) upon presentation of a medical certificate prescribing its duration, when a natural or induced termination of pregnancy occurs before the beginning of the twentieth (20th) week preceding the date on which the baby is due;
  • c) for pregnancy-related visits to a health-care professional, attested to by a medical certificate or a written report signed by a midwife.

25.20

In the case of visits covered by clause 25.19A c), the employee is entitled to up to a maximum of five (5) days of special leave with pay. Such special leave may be taken in half-days.

During the special leave granted under the terms of this section, employees are entitled to the benefits set out in clause 25.13 insofar as they are normally entitled to them, and to those in clause 25.18 of Section II. An employee covered by the provisions of 25.19A a), b) or c) may also draw benefits under the sick leave or disability insurance plans. In the case provided for in 25.19A c), however, the employee must first use up the five (5) days mentioned in the preceding paragraph.

25.21

An employee is entitled to a maximum of five (5) working days of paid paternity leave when their child is born. An employee is also entitled to this leave if the pregnancy comes to an end as of the beginning of the twentieth (20th) week preceding the expected date of birth. The leave may be taken non-continuously and must be taken between the beginning of the delivery and the fifteenth (15th) day after the mother or child returns home.

One (1) of the five (5) days may be used for the child’s baptism or registration.

When both spouses are women, the employee whose spouse gives birth to a child is also entitled to this leave if she is designated as one of the child’s mothers.

25.21A

When their child is born, the employee is also entitled to paternity leave of up to a maximum of five (5) weeks that must be consecutive, subject to clauses 25.33 and 25.33A. This leave must be completed by the end of the seventy-eighth (78th) week after the week in which the child was born.

For an employee who is eligible for the Québec Parental Insurance Plan, this leave is simultaneous with the period of payment of paternity benefits granted under the Act respecting parental insurance, and must begin no later than the week following the start of payment of such benefits.

When both spouses are women, the employee whose spouse gives birth to a child is also entitled to this leave if she is designated as one of the child’s mothers.

25.21B

During the paternity leave stipulated in 25.21A, an employee who has completed twenty (20) weeks of service7 receives an allowance equal to the difference between the basic weekly salary and the amount of the benefits the employee receives or would receive if applying for them, under the Québec Parental Insurance Plan or the Employment Insurance Plan.

7 Employees who are absent accumulate service if their absence is authorized, in particular for disability, and involves benefits or remuneration.

The 2nd, 3rd and 4th paragraphs of clause 25.10 or the 2nd, 3rd and 4th paragraphs following clause 25.11, as the case may be, and 25.10A apply to this clause, with the necessary adjustments.

25.21C

During paternity leave stipulated in 25.21A, an employee who is not eligible for either the Québec Parental Insurance Plan or the Employment Insurance Plan receives an allowance equal to the basic weekly salary, if the employee has completed twenty (20) weeks of service.

25.21D

Clause 25.12 applies to an employee who is entitled to the allowances stipulated in 25.21B or 25.21C, with the necessary adjustments.

25.22

Employees are entitled to up to a maximum of five (5) working days of leave with pay when they adopt a child other than their spouse’s. This leave may be non-continuous and cannot be taken more than fifteen (15) days after the child arrives in the home or into the care of the parent for the purposes of the adoption.

One of the five (5) days may be used to baptize or register the child.

25.22A

Employees who adopt a child other than the child of their spouse is entitled to a maximum of five (5) weeks of leave for adoption that, subject to clauses 25.33 and 25.33A, must be consecutive. This leave must end no later than the end of the seventy-eighth (78th) week after the week in which the child arrives in the home.

In the case of an employee who is eligible for the Québec Parental Insurance Plan, this leave is simultaneous with the period during which exclusive adoption benefits are paid under the Act respecting parental insurance, and must begin no later than the week following the start of payment of these benefits.

In the case of an employee who is not eligible for the Québec Parental Insurance Plan, the leave must be taken after the child’s arrival in the home or into the care of the parent for the purposes of the adoption.

25.22B

For the purposes of applying clauses 25.22 and 25.22A, the child’s arrival is acknowledged when the two following conditions are met: the child has physically arrived in the home or been entrusted to the parent, and the parent intends to adopt the child. The employee must provide the Employer with evidence of their intention to adopt. This evidence may vary depending on the type of adoption and the requirements of the Québec Parental Insurance Plan or the employment insurance program.

25.23

During the leave for adoption provided for in 25.22A, employees who have completed twenty (20) weeks of service8 receive an allowance equal to the difference between their basic weekly salary and the amount of benefits that they receive, or would receive if they were to apply for them, under the Québec Parental Insurance Plan or the Employment Insurance Plan.

8 An employee who is absent accumulates service if the absence is authorized, in particular for disability, and involves benefits or remuneration.

The 2nd, 3rd and 4th paragraphs of clause 25.10 or the 2nd, 3rd and 4th paragraphs following 25.11, as the case may be, and 25.10A apply, with the necessary adjustments.

25.24

Employees who are not eligible for adoption benefits under the Québec Parental Insurance Plan or for parental benefits under the Employment Insurance Plan and who adopt a child other than the child of their spouse receives an allowance equal to their basic weekly salary during the leave for adoption provided for in 25.22A, if they have completed twenty (20) years of service.

25.24A

An employee who adopts their spouse’s child is entitled to a maximum of five (5) working days of leave, with salary for the first two (2) days only.

This leave may be non-continuous and cannot be taken more than fifteen (15) days after the filing of the application for adoption.

25.25

Clause 25.12 applies to an employee who is entitled to the allowance stipulated in clause 25.23 or 25.24, with the necessary adjustments.

25.26

An employee is entitled to a maximum of ten (10) weeks of leave without pay in view of the adoption of a child, beginning on the date they effectively take charge of the child, unless it is the child of their spouse.

An employee who travels outside Québec to adopt a child other than the child of their spouse obtains leave without pay for the time required for the trip, upon written request to the Employer two (2) weeks in advance if possible.

Despite the provisions of the preceding paragraphs, the leave without pay ends no later than the week following the start of payment of Québec Parental Insurance Plan benefits or employment insurance benefits, at which time the provisions of 25.22A begin to apply.

During this leave without pay, an employee is entitled to the benefits provided in clause 25.28.

LEAVE WITHOUT PAY AND PART-TIME LEAVE WITHOUT PAY

25.27

a) An employee is entitled to one of the following forms of leave:

1) leave without pay of up to a maximum of two (2) years immediately following the maternity leave provided for in clause 25.05;

2) leave without pay of up to a maximum of two (2) years immediately following the paternity leave provided for in 25.21A; the leave must not, however, extend beyond the 125th week after the birth;

3) leave without pay of up to a maximum of two (2) years immediately following the leave for adoption provided for in 25.22A; the leave must not, however, extend beyond the 125th week after the child’s arrival in the home.

A full-time employee who does not make use of this leave without pay is entitled to part-time leave without pay over a maximum period of two (2) years. This leave may not extend beyond the 125th week after the child’s birth or after the child’s arrival in the home.

After giving the Employer at least thirty (30) days’ advance notice in writing, an employee is authorized to make one (1) of the following changes once during this leave:

i) from leave without pay to part-time leave without pay or vice versa, as the case may be;

ii) from part-time leave without pay to a different form of part-time leave without pay.

Notwithstanding the preceding paragraph, an employee may make a second change to their leave without pay or part-time leave without pay, providing that they mention it in their initial request for a change.

A part-time employee is also entitled to this part-time leave without pay. However, in the event of a disagreement with the Employer over the number of days of work per week, a part-time employee must work the equivalent of two-and-a-half (2 ½) days per week.

An employee who does not make use of their leave without pay or part-time leave without pay may choose to take leave without pay or part-time leave without pay for the portion of leave that their spouse has not used, by following the prescribed procedures.

When an employee’s spouse is not a public sector employee, the employee may choose to use the leave provided for above whenever they so choose in the two (2) years following the birth or adoption of the child, without, however, exceeding the maximum of two (2) years after the date of birth or adoption.

b)

An employee who does not take the leave provided for in 25.27 a) may take a maximum of sixty-five (65) weeks of continuous leave without pay after the birth or adoption of a child, starting at a time decided by the employee and ending no later than seventy-eight (78) weeks after the child’s birth or, in the case of an adoption, seventy-eight (78) weeks after the child is entrusted to them.

c)

During the second (2nd) year of leave without pay, after agreement with the Employer, an employee may register on the availability list of their institution instead of returning to their position. In such a case, the employee is not subject to rules on minimum availability that may be stipulated in the local provisions. The employee is then deemed to be on part-time leave without pay.

25.28

During the leave without pay provided for in clause 25.27, an employee continues to accumulate seniority, retains experience and continues to participate in the applicable basic health insurance plan if they pay their share of the premiums for the first sixty-five (65) weeks of the leave and then the full amount of the premiums for subsequent weeks. Furthermore, they may continue to participate in applicable optional insurance plans if they so request at the beginning of the leave and pays the full amount of the premiums.

While on part-time leave without pay, an employee also accumulates seniority and, by virtue of working, is governed by the rules applicable to part-time employees.

Notwithstanding the preceding paragraphs, an employee accumulates experience for the purposes of determining their salary during the first sixty-five (65) weeks of leave without pay or part-time leave without pay.

During any leave under clause 25.27, employees have the right to apply for a position that is posted and obtain it in accordance with the provisions of the collective agreement as if they were at work.

25.29

Employees may take a postponed period of annual vacation leave immediately before their leave without pay or part-time leave without pay, provided there is no discontinuity with their paternity leave, maternity leave or leave for adoption, as the case may be.

For the purposes of this clause, statutory holidays or floating days off accumulated before the beginning of the maternity or paternity leave or leave for adoption are treated like the postponed annual vacation leave.

25.29A

 At the end of this leave without pay or part-time leave without pay, the employees may return to their position or a position obtained at their request, as the case may be, in accordance with the provisions of the collective agreement. If the position has been abolished, or if the employee has been bumped, they are entitled to the benefits they would have received if they had been at work.

Similarly, upon returning from leave without pay or part-time leave without pay, employees who do not hold a position return to the assignment that they had when they went on leave if that assignment continues after the end of the leave.

If the assignment has ended, the employee is entitled to any other assignment in accordance with the provisions of the collective agreement.

25.29B

Upon presentation of a supporting document, up to one (1) year of leave without pay or part-time leave without pay is granted to an employee whose minor child is emotionally disturbed, handicapped or suffering from a prolonged illness and whose condition requires the presence of the employee in question. The rules for such leave are those set out in clauses 25.28, 25.31 and 25.32.

MISCELLANEOUS PROVISIONS

Notice and advance notice

25.30

For paternity and adoption leave:

a) The leave provided for in 25.21 and 25.22 is preceded, as soon as possible, by notice from the employee to the Employer.

b) The leave covered by 25.21A and 25.22A is granted upon written request at least three (3) weeks in advance. This advance notice may, however, be shorter if the birth takes place before the due date.

The request must specify the date on which the said leave ends.

The employee must report for work at the end of paternity leave under 25.21A or adoption leave under 25.22A, unless it is extended as provided for in clause 25.31.

An employee who does not comply with the preceding paragraph is deemed to be on leave without pay for a period of no more than four (4) weeks. At the end of this period, an employee who has not reported for work is presumed to have resigned.

25.31 

The leave without pay covered by clause 25.27 is granted following written request made at least three (3) weeks in advance.

Part-time leave without pay is granted following written request made at least thirty (30) days in advance.

In the case of leave without pay or part-time leave without pay, the request must specify the date for returning to work. The request must also specify how the leave is to be organized in terms of the position held by the employee. Should the Employer disagree with the number of days of leave per week, a full-time employee is entitled to a maximum of two-and-a-half (2½) days per week or the equivalent thereof, for up to two (2) years.

In the event of disagreement with the Employer over the scheduling of these days, they are scheduled by the Employer.

An employee and the Employer may agree at any time to reorganize the part-time leave without pay.

25.32 

An employee to whom the Employer has sent four (4) weeks’ advance notice indicating the date on which the said leave is scheduled to end must give advance notice of their return to work at least two (2) weeks before the end of the said leave. If they do not report for work on the scheduled date, they are deemed to have resigned.

An employee who wishes to end their leave without pay or part-time leave without pay before the scheduled date must give advance notice in writing of their intention to do so at least twenty-one (21) days before returning to work. In the case of leave without pay of more than sixty-five (65) weeks, the advance notice is at least thirty (30) days.

Extending, suspending or splitting the leave

25.33

When an employee’s child is hospitalized, the employee may, after agreement with the Employer, suspend paternity leave under clause 25.21A or adoption leave under clause 25.22A by returning to work during the period of hospitalization.

25.33A

At the employee’s request, paternity leave under 25.21A, adoption leave under 25.22A or full-time leave without pay under clause 25.27 may be split into separate weeks, before the end of the first sixty-five (65) weeks.

The leave may be split if the employee’s child is hospitalized, or in a situation covered by Sections 79.1 and 79.8 to 79.12 of the Act respecting labour standards9.

The maximum number of weeks that the leave may be suspended is equal to the number of weeks the child is hospitalized. For the other possibilities of splitting leave, the maximum number of weeks that the leave may be suspended is that provided in the Act respecting labour standards for the situation in question.

While the leave is thereby suspended, the employee is considered to be on leave without pay and does not receive any allowance or benefits from the Employer. The employee is covered by clause 25.28 during this period.

At the request of the employee and if the Employer agrees, the paternity leave set out in clause 25.21A, the adoption leave set out in clause 25.22A, or the full-time leave without pay set out in clause 25.27 may be split into weeks before the end of the first sixty-five (65) weeks. The third (3rd) and fourth (4th) paragraphs of the present clause (25.33A) do not apply to the present paragraph.

25.33B

When paternity or adoption leave that has been suspended or split under clause 25.33 or 25.33A is resumed, the Employer pays the employee the allowance they would have been entitled to if they had not suspended or split the leave. The Employer pays the allowance for the number of weeks remaining under 25.21A or 25.22A, as the case may be, subject to clause 25.01.

25.33C

An employee who before the end of paternity leave under 25.21A or adoption leave under 25.22A provides the Employer with notice and a medical certificate attesting that the child’s state of health so requires, is entitled to an extension of the paternity or adoption leave. The length of this extension is as indicated in the medical certificate.

During this extension, the employee is considered to be on leave without pay and does not receive any allowance or benefits from the Employer. The employee is covered by clause 25.28 during this period.

25.34

An employee who takes paternity leave or leave for adoption provided for in clause 25.21, 25.21A, 25.22, 25.22A or 25.24A is entitled to the benefits stipulated in clause 25.13 insofar as they would normally be entitled to them, and to those stipulated in clause 25.18 of Section II.

25.35

Employees who receive a regional disparities premium pursuant to this collective agreement receive this premium during their maternity leave as provided in Section II.

Similarly, employees who receive a regional disparities premium under the terms of this collective agreement receive this premium during the weeks when they receive an allowance, where applicable, pursuant to 25.21A or 25.22A.

25.36

Any allowance or benefit covered by this Article that started being paid before a strike continues to be paid during such a strike.

9 To make it easier to understand clause 25.33A, the APTS has included the relevant sections of the Act respecting labour standards (see pages 305 to 308).

25.37

In the event that amendments are made to the Québec Parental Insurance Plan, the Employment Insurance Act or the Act respecting labour standards regarding parental rights, the parties will meet to discuss the potential implications of such changes for the existing parental rights plan.