In Quebec, you can have a child through surrogacy. It involves a person, called the surrogate, carrying a pregnancy on behalf of someone else. This option is available to a variety of people, namely same-sex couples or couples facing fertility challenges.
If you’re part of a parental project involving surrogacy, you may have the right to parental leave. This is the case whether you’re the one giving birth or the future parent of the child. Keep in mind that you must meet certain conditions to qualify for time off.
Conditions for taking leave
To be eligible for leave, the child must have been conceived as part of a parental project. This means that the parent or parents who decided to have a child through surrogacy (the “intended parents”) must be listed on the child’s birth certificate.
Other conditions must also be met. You can take time off if you are:
- an employee,
- a construction worker, or
- a senior manager.
|
Important! The leaves described in this article apply to employees covered by Quebec’s Act respecting labour standards. Depending on your employer or work situation, you may be entitled to a different kind of leave. For example, if you work for the federal government or a federally regulated business, like a bank, other rules apply. |
Time off for surrogates
If you’re the person giving birth to the child, you can take up to 18 weeks of leave. This leave can start before or after the birth of the child. However, it cannot start earlier than 16 weeks before the expected delivery date, and it must end no later than 20 weeks after the birth.
The leave must generally be taken as one continuous period, though you don’t have to take the full 18 weeks off.
Notifying your employer
To take leave, you must notify your employer in writing at least three weeks before starting your leave. The notice period can be shorter if your doctor says you need to stop working earlier than expected.
Your notice must include:
- the start date of your leave,
- the expected date of your return to work,
- a medical certificate or midwife’s report confirming your pregnancy,
- the expected date of birth.
If you want to return to work earlier than planned, you must send a new notice to your employer at least three weeks before your return.
Time off for future parents
If you are an intended parent, you can take up to five weeks off for your child’s birth. This leave can start as of the week the child is placed in your care. If the child is born outside Quebec, your time off can start the week you leave Quebec to pick up the child. This leave must end no later than 78 weeks after the week the child is placed in your care.
In addition to these five weeks, you can also take up to 65 weeks of parental leave. Parental leave can start as of the week the child is placed in your care or the week you leave Quebec to pick up the child. Parental leave must end no later than 85 weeks after the week the child is placed in your care. If there are two parents, both parents can take their leave at the same time or not.
The leave is normally taken as one continuous period. You don’t have to use the full number of weeks available.
Notifying your employer
You must notify your employer in writing at least three weeks before starting your leave. The notice period can be shorter for medical reasons, like if the child is born earlier than expected.
Your notice must include:
- the start date of your leave,
- the expected date of your return to work.
If you want to return to work earlier than planned, you must send a new notice to your employer at least three weeks before your return.
Receiving financial benefits during your leave
Whether you are the one giving birth or an intended parent, you may have the right to receive financial benefits during your leave. Your employer doesn’t have to pay your salary while you’re on leave. Parental leaves and other leaves for a child’s birth are unpaid. However, you may be entitled to parental benefits from the Québec Parental Insurance Plan (QPIP) for part of your leave.
Each person involved in a parental project involving surrogacy must file their own application for benefits. You can apply online or by contacting the QPIP customer service centre.
Eligibility requirements for parental benefits
To be eligible to receive benefits during your leave, you must meet the following requirements:
- You must live in Quebec.
- Your salary or the time you devote to your business must decrease by at least 40% after your child is born.
- You must have contributed to the QPIP and have earned at least $2,000 in income in the last year.
Other conditions may apply depending on your situation. For more information, visit the QPIP website.
Duration and amount of benefits
There are two benefit plans: the basic plan and the special plan. You can choose the plan that suits you best. The basic plan gives lower benefits for a longer period. The special plan gives higher benefits for a shorter period.
A table with the exact duration and amount for each plan is available on the QPIP website.
Choosing a plan
If there are two intended parents, both must choose the same type of plan. Once you choose a plan, you cannot change it.
Additionally, if you take parental leave after a leave for the birth of a child, your parental leave will be covered by the same plan as the one you chose for the leave for the birth of the child.
For more information, visit the QPIP website.
|
Important! You can apply for the parental benefits described in this article if the child was born on or after March 6, 2024. You may also be entitled to these benefits if the child was born before March 6, 2024 if the pregnancy began after June 5, 2023. If you have questions, contact the QPIP customer service centre. |