2023 Author: Anita Thornton | [email protected]. Last modified: 2023-05-22 03:30
October 15 is the International Day of Perinatal Mourning. The bereavement of an unborn child is a difficult ordeal for parents. Did you know that there are leaves provided for this purpose in the Act respecting labor standards?
These vary depending on when the pregnancy will end. Explanations.
Application of the provisions of the Labor Standards Act
It is important to remember that, although the majority of employees are covered by the protections offered by the Act respecting labor standards, some do not are not. This is particularly the case for interns, senior managers and employees working in areas of federal jurisdiction (e.g. telecommunications, rail transport, etc.).
The self-employed workers are also not covered by this law[1].
Although the Act respecting labor standards does not normally apply to senior managers, the provisions relating to maternity leave (including leave in the event of termination of pregnancy) do apply. Self-employed women are free towhether or not to take leave. benefits, if applicable, may be paid to you in certain circumstances. Do not hesitate to consult the employees of the Quebec Parental Insurance Plan (QPIP) on this subject.
Finally, if you are unionized, more generous measures than those presented in this post could apply to you. Consult the human resources manager or your union representative about this.
- Termination of pregnancy before 20 weeks
If the pregnancy is terminated before 20 weeks, the Act respecting labor standards provides that the employee will be en titled to special leave, for a maximum of three weeks [2]. This leave may be extended if a medical certificate certifies that the worker needs it. This is unpaid leave.
These provisions also apply when the termination of pregnancy is voluntary.
- Termination of pregnancy after 20 weeks
If the pregnancy ends after 20 weeks of gestation, regardless of the context, the employee will be en titled to 18 weeks of maternity leave. These weeks must be taken continuously and as soon as the pregnancy is terminated.
Your employer will not pay you any salary, but you will be eligible for QPIP benefits. You will then have the choice between the special compensation scheme and the special scheme.
The Basic Dietwill allow you to benefit from 18 weeks at 70% of your income, up to the insurable maximum, i.e. approximately $72,000/year. The special plan will allow you to benefit from 75% of your income up to the insurable maximum, but for a period of 15 weeks only.
Give notice to the employer
If you wish to take this leave, you must, as soon as possible, give your employer a written notice to inform them of this, accompanied by amedical note and let him know your expected date to return to work.
This time can be difficult to live. It is important to take the time to rest and mourn before thinking about returning to your duties.
[1] To check whether the Act respecting labor standards applies to you, you can consult the website of the Commission des normes du travail, at: https://www.cnt.gouv. qc.ca/not-covered/workers-not-targeted-by-the-law-on-the-labor-standards/index.html
[2] L. N. T., s. 81.5.2. para. 1
