FR
Protection mandate and legal issues
Call the Caregiver Support at 1 855 852-7784

New leave options in the Act Respecting Labour standards

The Act Respecting Labour Standards (LNT) covers most employees in Quebec, whether they are full time or part time, in the event of absence due to family or parental obligations. As a caregiver, you have access to provisions that authorize you to take leave days or absences as a result of your caregiving situation.

Major changes were recently made to the LNT, to allow for better balance between your professional obligations and your duties as a caregiver.


These changes are summarized in three key points:

Days of leave - Caregivers are entitled to two paid days of leave per year for reasons related to their caregiver status.

In the LNT, salaried employees may use up to 10 days of absence per year, of which two are paid. Since January 1, 2019, the reason given for these two days of paid absence may also be caregiving. For example, a sick day could be followed or preceded by a caregiving day. In addition, these days may be divided into hours with the employer's authorization.

In order for a caregiver to be recognized as such, the Attestation d’une personne agissant à titre de proche aidant [Attestation of caregiver status] form must be completed by a health professional. This form is available on the Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST) website (in French).

 

Extended absence - Caregivers may take leave without pay for a maximum of 16 weeks in a year.

To align with the federal employment insurance programs for caregivers, the LNT states that caregivers are entitled to take leave for an extended period for reasons related to their caregiver status. Specifically, the absence may be granted due to “a serious accident or illness.” A serious illness may include any major change in the situation of the care receiver. This remains at the discretion of the health professional who will issue the necessary attestation form.

 

Extended absence – end of life: Caregivers may take leave without pay for a maximum of 27 weeks in a year.

A specific condition of absence exists for end-of-life situations. With the attestation of a medical certificate, a caregiver may use this coverage.

For more information on your rights in the framework of the labour standards, on the changes to the LNT and on the Attestation d’une personne agissant à titre de proche aidant [Attestation of caregiver status], please contact CNESST by calling 1-844-838-0808 or visiting the website.

You may also contact Caregiver Support at any time by calling 1-855 852-7784 or by email at [email protected] Our counsellors are there to listen to you, help you find solutions and direct you to the right resources. 


Sources

Commission des normes, de l’équité, de la santé et de la sécurité du travail. (s. d.). Obligations familiales. [in French]