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Bill 58 amending the Act respecting labour standards with regard to absences and leave was passed by the Quebec National Assembly and assented to in December 2007.

This Bill amends the Act respecting labour standards to protect the employment relationship of a person who suffers a tragic event or whose spouse or child suffers a tragic event. Thanks to the new provisions, these persons may be absent from work without pay for a maximum period of 52 or 104 weeks depending on the circumstances:

1. An employee who suffers serious bodily injury during or resulting directly from a criminal offence that renders the employee unable to hold his regular position may be absent from work for a period of not more than 2 years.
2. An employee whose child or spouse dies as a result of a criminal offence may be absent from work for a period of not more than 2 years.
3. An employee, whose minor child suffers serious bodily injury during or resulting directly from a criminal offence that renders the child unable to carry on regular activities, may be absent from work for a period of not more than 2 years.
4. An employee whose child or spouse commits suicide may be absent from work for a period of not more than 1 year.
5. An employee whose minor child is reported missing may be absent from work for a period of not more than 1 year.

These new provisions have been incorporated into the Act in sections 79.1 and following which deal with absences owing to sickness or accident, and sections 79.7 and following which deal with family or parental leave and absences.

Employees to whom these new provisions apply will benefit from the same protection as employees who are absent owing to sickness, accident, and family or parental matters. For example, at the end of an absence, the employer must reinstate the employee in the employee's former position with the same benefits, as provided in sections 79.4 and 81.15.1 of the Act.

These new provisions came into force on December 18, 2007, but will apply to an event that occurred before that date, for the time remaining in the period of absence normally applicable.

This Bill introduces new concepts into the Act which will have to be interpreted by the courts, in particular the term "serious bodily injury". In addition, employers will have to exercise caution since the practical impact of the new provisions on the management of such absences is still unknown.

Julie Falardeau 

The purpose of this document is to provide information as to developments in the law. It does not contain a full analysis of the law nor does it constitute an opinion of Ogilvy Renault LLP or any member of the firm on the points of law discussed.

© Ogilvy Renault LLP 2008 - All Rights Reserved

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