Maternity, paternity, and parental leave
Description of
the right
If you are a salaried employee and a new parent, you are entitled to leave after childbirth for up to 65 weeks without pay. Your job is protected during this leave. After your leave, you can return to the same position and receive the same salary and benefits you had when you left.
You have the right to this leave even if your work is part-time or occasional.
To receive income during your leave, you may apply for benefits from the Quebec Parental Insurance Plan (QPIP). Maternity and paternity benefits are reserved for each parent. Parental leave can be taken by one parent or shared between the parents.
Self-employed persons are also entitled to QPIP benefits to be able to take leave from work after giving birth.
Maternity leave also applies in case of infant loss or if the child is given up for adoption after birth.
Several examples of situations
- If your position was abolished during your leave, you must be offered a new position with the same conditions or the equivalent.
- If you’re on maternity leave, and there’s a problem with your health, you can extend your leave by producing a medical certificate.
References
Act respecting labour standards: sections 79.6.1 to 81.17
Act respecting parental insurance: sections 7 to 12.8