L’arrivée d’un enfant entraîne de nombreux changements. Pour vous permettre de vous y préparer et de vous adapter à votre nouvelle réalité, la loi prévoit différents congés. Cet article présente les différents types de congés que la loi vous offre.
This article in brief:
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What are the different types of leave related to the arrival of a child?
Maternity leave is for anyone who gives birth to a child, including surrogates who are part of a surrogacy arrangement. You can take this leave while you’re pregnant and after the birth. A parental leave may be taken after a maternity leave.
Paternity leave is for any parent who doesn’t give birth to the child, whether they’re a biological parent, an adoptive parent, or a parent of a child born as part of a parental project. This leave is taken in the weeks following the birth or arrival of the child. A parental leave may be taken after a paternity leave.
All parents are entitled to parental leave. Both parents can take parental leave, either at the same time or at different times, even if they have the same employer.
You can take parental leave in addition to your maternity or paternity leave. In other words, this is a supplemental leave: you don’t have to choose one or the other. However, you must respect the maximum length of time provided by law.
Usually, these leaves are taken continuously, that is, without interruption, unless you and your employer agree otherwise. However, certain exceptions allow you to split the leave into separate periods even without your employer’s agreement. Note also that you aren’t required to take all the days to which you’re legally entitled.
Good to knowA parental project is when a single person or spouses decide to have a child through surrogacy. The parents involved in a parental project may be entitled to certain rights related to the arrival of the child. |
When can you take a leave, and for how long?
A maternity leave can begin at the earliest 16 weeks before the expected delivery date, and must end no later than 20 weeks after the child is born.
The maximum length of a maternity leave is 18 consecutive weeks, and you may choose to start it either before or after the birth.
A paternity leave can begin the week of the child’s birth or arrival, and must end no later than 78 weeks after that date. The maximum length of paternity leave is five consecutive weeks.
A parental leave can begin the week of the child’s birth or arrival within the family, and must usually end no later than 85 weeks after that date. The maximum length of parental leave is 65 consecutive weeks.
Who can take a leave?
Salaried workers, construction workers, and senior managers specifically covered by the Act respecting labour standards can take a maternity, paternity, or parental leave. They have these rights even if they work part-time or occasionally.
The present article covers the rules that apply to provincially regulated workplaces. If you work for the federal government or a federally regulated organization, like a bank or an airport, your maternity and parental leaves are governed by the Canada Labour Code.
If you’re self-employed, it’s up to you whether you take a leave.
If you’re doing an unpaid internship, you’re not entitled to a maternity, paternity, or parental leave. In addition, even certain paid interns are not entitled to these types of leave. However, interns may still benefit from certain leaves related to the birth of a child, pregnancy, or adoption, and may also be entitled to certain workplace accommodations.
Contact the Commission des normes, de l’équité, de la santé et de la sécurité du travail (labour standards, pay equity and workplace health and safety board) to find out which rules apply to your situation.
Before giving birth: rights of pregnant employees
You have certain rights and obligations during your pregnancy. You can take unpaid time off work as often as necessary for medical examinations related to the pregnancy. However, you must notify your employer as soon as possible.
If your job places you or your unborn child in physical danger, your employer must assign you duties you can perform safely. This will not decrease the length of the maternity leave to which you’re entitled.
As of the sixth week before your expected delivery date, your employer may request, in writing, that you provide a medical certificate confirming you are fit to work. If you don’t provide this certificate within eight days of this request, your employer may require you, in writing, to start your maternity leave.
Special circumstances
High-risk pregnancy
If there’s a risk of miscarriage, or a danger to your health or the child’s health, which requires you to stop working, you can take a special maternity leave.
Your doctor must issue a medical certificate confirming the danger and the expected delivery date, instead of the usual notice. Your 18-week maternity leave would then begin four weeks before your expected delivery date.
Illness or hospitalization
If you or your child is hospitalized, you may be able to change how you take your leave. Depending on the situation, you can temporarily suspend it, or split it into several periods.
If your child’s health condition requires it, you can extend your leave by providing a medical certificate. This applies to maternity, paternity, and parental leaves.
If you’re on maternity leave, you may extend your leave by providing a medical certificate, if your health condition requires it.
Notify your employer three weeks before leaving.
Before going on leave, you must provide your employer with a written notice at least three weeks in advance. You must include the start date of your leave and the date you expect to return to work.
If you take maternity leave, you must also provide a medical certificate or a midwife’s report stating the expected delivery date.
If necessary for medical reasons, the notice period may be shorter. If you return to work earlier than expected, you must notify your employer in writing at least three weeks before your return.
Your benefits while on leave
Maternity, paternity, and parental leaves are all unpaid, that is, your employer doesn’t have to pay your salary. However, you may be entitled to benefits under the Québec Parental Insurance Plan (QPIP) if you apply for them.
Generally, you may be eligible for QPIP benefits if you live in Quebec, your work income decreases while you are on leave, and you earned a certain minimum income during the year before your application.
Each parent or surrogate must submit their own application for benefits. To apply, you can contact Customer Service or apply for parental insurance online on the Quebec Parental Insurance Plan’s website.
Rules regarding your eligibility, benefit amounts, the choice between the basic and special plans, as well as the sharing of benefits between parents, may vary depending on your situation. To learn more, consult the website of the Quebec Parental Insurance Plan.