With a few exceptions as set out in the Act Respecting Labour Standards, Quebec employees are entitled to 10 days off work for Family care. There is no minimum delay when requesting the leave, the act clearly states, “The employee must advise the employer of his absence as soon as possible.”

With the 9.6 sick/personal days, public health sector employees are entitled according to article 25.08 in the National Agreement, these extra ten days per year without pay* provide the employee with 19.6 days per year.

*The leave can be with-pay from your annual bank of sick/personal leave days or taken as leave without pay, at the EMPLOYEES discretion.

The ten extra days apply to fulfill obligations relating to the health, care or education of a child, or because of the health of spouse, father, mother, brother, sister or grandparent. If you are the only person available to fulfill the obligation, the employer cannot refuse your request.

Act Respecting Labour Standards, article 79.7

79.7. An employee may be absent from work for 10 days per year to fulfill 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).

For Public Health and Social Service Employees – CSN,FIQ, APTS…

• The leave may be divided into days. A day may also be may also be split into half days with the consent of the employer.
• 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. However, the employer cannot make unreasonable demands, for example, that you take the family member to a doctor to produce a medical note.
• Employees must advise the employer of their absence as soon as possible and take reasonable steps within their power to limit the leave and duration of the leave. There is no minimum delay when requesting the leave, the act clearly states, “The employee must advise the employer of his absence as soon as possible.”
• The first two days taken annually shall be remunerated according to the calculation formula described in section 62, with any adjustments required in the case of division. The employee becomes entitled to such remuneration on being credited with three months of uninterrupted service, even if he was absent previously. According to the CNESST and Employer, the above two days do not apply to public health sector employees, which, according to the national contract, are already entitled to 9.6 days.

For further information contact your local union office and/or your unions national collective agreement.

From the National Union Contracts 2015-2020

Article 24.10 APTS

24.10  After notifying the Employer as early as possible, an employee may take up to ten (10) days of leave without pay per year to meet obligations related to the care, health or education of her or his child or the child of her or his spouse, or due to the state of health of her or his spouse, father, mother, brother, sister or grandparent.

The days off that are accordingly taken are deducted from the employee’s annual bank of sick leave or are taken without pay, as the employee chooses.

This leave may be divided into half-days if the Employer so consents.

Employees must take reasonable means available to limit their use of leave stipulated in this clause and to limit the duration of such leave.

Article 25.08 MUHCEU (CSN)

25.08 An employee may, after having notified theiremployer as quickly as possible, take up to ten (10) days of time off work without pay per year to meet obligations related to the care, health or educationof theirchild or their spouse’schild, or because of the health of their spouse, father, mother, brother, sister or grandparent.

Days used for this purpose are deducted from the employee’s annual bank of sick leave or taken as leave without pay, at the employee’s discretion.

This leave may also be split into half days if the employer agrees.

Article 27.7 SPSICR-CUSM (FIQ)

27.07 family leaveAn employee may, after having informed the Employer as soon as possible, be absent from work up to ten (10) days without pay per year to fulfill obli­gations related to the care, health or education of her child or her spouse’s child, or due to the health of her spouse, father, mother, brother, sister or one of her grandparents.

The days used are deducted from the annual bank of sick­leave days or taken without pay, at the employee’s discretion.

This leave may be divided into half days if the Employer agrees.