Payroll and Benefits Guide Canada – Quebec

Annual Leave (vacation)

In Quebec, employees are entitled to two consecutive weeks of vacation leave after the first year of employment and three consecutive weeks of leave after five years of employment. However, it is common to offer leave from day 1.
Employees are entitled to vacation pay of 4.00% of the regular salary rate of pay for the first five years of employment and 6.00% of the regular salary rate of pay after five years of employment.

In Quebec, under the Labour Standards Act, employees are entitled to vacation time based on their length of continuous employment with the same employer:

• Less than 1 year of service = 1 day leave per full month of uninterrupted service, not exceeding 2 weeks.
• 1 to 3 years of service = 2 consecutive weeks of vacation.
• Above 3 years of employment = 3 consecutive weeks of vacation.

Employees are also entitled to vacation pay based on service length:

• For employees with less than 3 years of employment, vacation pay must be at least 4% of the gross wages.
• For Employees with 3 or more years of employment, vacation pay must be at least 6% of the gross wages.

The worker must receive their vacation indemnity in a lump sum before they start their vacation or at the time of the current pay covering the period of their vacation.

PTO Carryover

Note:

• For Papaya Direct, this varies by province; it’s allowed if going above and beyond the minimums but the policy must be reviewed by HR. Employees cannot skip taking vacation time that is mandated by law. Vacation that’s over and above the minimum entitlements can be carried over as per client policy.
• For People2.0, there is no carryover.

Public Holidays

There are 8 national holidays in Quebec.

If a holiday falls on a weekend, it the holiday is observed on the Friday before the weekend or on the following Monday or must be paid the indemnity for the holiday.

Sick Days

Sick leave entitlement in Manitoba depends on whether the employee falls under provincial or federal regulation, and whether they qualify for Employment Insurance (EI) sickness benefits.

• Under Quebec’s Labour Standards Act, non work related accident or illness leave of up to 2 days paid is available after completing at least 3 months of continuous employment. This leave can also be used for the purpose of family care obligations. Employers may request reasonable verification, such as a medical certificate to support the employee’s need for leave. More information can be found on Quebec’s Government website.
• Federally regulated workers are entitled under the Canada Labour Code to receive up to 10 days paid sick leave per year. These 10 days paid sick leave is accrued during the year after an initial 30-day qualifying period of continuous employment has been completed.  Following this qualifying period, workers earn the first 3 days of paid medical leave. Following this, workers earn 1 further day of paid sick leave at the start of each month after completing 1 month of continuous employment until a maximum of 10 days paid sick leave per year has been accrued. Any days of medical leave with pay that are not taken within the year will be carried over to the beginning of the new year up to a maximum of 10 days. More details and eligibility criteria can be found on the Government of Canada website.
• Regardless of jurisdiction, workers may also qualify for Employment Insurance (EI) sickness benefits, which are administered federally. These benefits are available to employees who are unable to work due to medical reasons and meet the eligibility criteria. EI sickness benefits provide 55% of average weekly earnings, up to 695 CAD per week, for a maximum of 26 weeks. To qualify, employees typically need 600 insured hours worked in the 52 weeks prior to illness and must submit a medical certificate. More information can be found on the Government of Canada website.

Maternity Leave

In Canada, Maternity and Parental leave rights are set out through the nationwide Employment Insurance (EI) program, which is applied across all provinces and entitles eligible mothers to take up to 15 weeks of maternity leave with income support. For Federally regulated employees and industries, up to 17 weeks maternity leave can be taken. During this period, eligible employees will receive maternity benefits equal to 55% of their earnings, up to a maximum of 695 CAD per week. To receive this benefit, workers must provide a certificate from a healthcare practitioner confirming the pregnancy. For further guidance and eligibility criteria, refer to the Government of Canada website.

In addition to EI, Quebec sets its own employment standards under the Labour Standards Act, which entitles eligible employees to up to 18 continuous weeks of unpaid maternity leave. To qualify, an employee must have worked for the same employer for at least seven consecutive months before the expected date of delivery. Maternity leave can begin as of the 16th week before the expected date of birth, and it must end no later than 20 weeks after the birth. Employees must provide their employer with at least 3 weeks’ written notice of their intended leave start date and a medical certificate confirming the pregnancy and expected due date. More information and eligibility criteria can be found on the Quebec Government website.

Following the completion of the maternity benefits, mothers can go on to take Parental Leave.

Paternity Leave

Upon the adoption or birth of a child, a leave of 5 continuous weeks without pay is provided for the parent who did not give birth. They are entitled to this leave regardless of the length of their uninterrupted service. The leave may begin as of the week of the child’s birth and end no later than 78 weeks after the child’s birth.  The notice of leave must be given to their employer at least 3 weeks before they go on leave.

Following the completion of the paternity benefits, additional leave can be taken through Parental Leave.

Five Days of Leave

Both parents (biological or adoptive) may be absent from work for 5 days, the first 2 days of which are paid, for the birth of a child, the adoption of a child or the termination of a pregnancy that occurs as of the 20th week. This right to be absent from work applies to all workers, regardless of the length of their uninterrupted service. It must be taken within 15 days of the child’s birth, the child’s arrival in the home or the termination of pregnancy.

The parent is not entitled to the 5-day leave if they have already started Maternity or Paternity leave. Additional information can be found on the Quebec Government website.

Parental Leave

In Canada, Parental leave benefits are available to parents of a newborn or newly adopted child through the nationwide Employment Insurance (EI) program, which is applied across all provinces. Parents can choose between 2 options:

• Standard parental benefits – up to 40 weeks leave shared between parents, but one parent cannot take more than 35 weeks, with pay equal to 55% of their earnings, up to a maximum of 695 CAD per week. This leave must be used within 52 weeks of the birth.
• Extended parental benefits – up to 69 weeks leave can be shared between parents, but one parent cannot take more than 61 weeks, with pay equal to 33% of their earnings, up to a maximum of 417 CAD per week. This leave must be used within 78 weeks of the birth.

The Parental leave period does not have to be taken consecutively but must be within the above mentioned timeframe. Further information and eligibility criteria can be found on the Government of Canada website.

In addition to EI, each individual province can set their own set of employment standards that determine the full available leave entitlements for parents. In Quebec, eligible employees are entitled to up to 65 weeks of unpaid parental leave to care for a newborn or newly adopted child. Employees must provide at least 3 weeks’ written notice before starting parental leave and must also give 3 weeks’ written notice before returning to work. Additional information can be found on the Quebec Government website.

Other Leave

Bereavement Leave

This leave is in place for workers whose family member has died. There are two support systems; the system that applies depends on if the worker falls under the provincial sector or the federally regulated sector:

• Workers regulated under the Quebec Labour Standards Act are entitled to 5 days of leave (including 2 days with pay) for the death or preparation of the funeral. This right to be absent from work applies to all workers, regardless of the length of their uninterrupted service.
• Federally regulated workers under the Canada Labour Code are entitled to up to 10 days of job protected bereavement leave following the death of an immediate family member. This leave can be taken within 6 weeks of the death. The first 3 days of this leave will be paid if the worker has completed 3 months of continuous employment.

Family Leave

In Quebec, employees have the right to take up to 10 days leave per calendar year to fulfil family or parental obligations. For workers with at least 3 months of uninterrupted service, the first 2 days of absence are with pay. Unused days do not carryover into the next calendar year. These days may not be taken for personal reasons e.g. a worker cannot take these days to go and sign papers at a notary’s office.

Extended Absence is in place for the following reasons:

• up to 16 weeks over a 12-month period if the worker must stay with a family member or a person for whom they are a natural caregiver and who has a serious illness or had a serious accident.
• up to 27 weeks over a 12-month period if the person who is seriously ill has a life-threatening illness.
• up to 36 weeks over a12-month period if their minor child is seriously ill or had a serious accident. The absence may be extended for a total of 104 weeks if their minor child has a serious, life-threatening illness, as attested by a medical certificate.

Additional leave for family matters might be available under the Employment Insurance regulations, based on eligibility.

Wedding Leave

Under the Quebec Labour Standards Act, on the day of a workers’ own wedding or civil union, they may be absent from work with pay.

A worker may also be absent from work for one day without pay, for the wedding or civil union of their child, a parent, a sibling or their spouse’s child.

Workers must advise their employer of their absence at least one week in advance.

Additional Leave

Under the Canada Labour Code and Quebec Labour Standards Act other types of leave are also regulated including Reservist Leave, Jury Leave, Suicide of a Loved One Leave and Disappearance of a Child Leave.