When you work in Quebec, you are entitled to certain periods of rest and different types of leave, some of which are paid and others unpaid. It is important to understand the difference between annual vacation, statutory holidays, and different types of absences so you know what you can request and what your employer must pay you.
Annual Vacation
People who work full-time or part-time are entitled to annual vacation and vacation pay from their employer. The length of your vacation mainly depends on your length of continuous service, and vacation pay is calculated based on the gross wages earned during the reference year.
At a minimum:
- Less than 1 year of service: 1 day for each full month of service, up to a maximum of 2 weeks, with vacation pay equal to 4% of eligible wages.
- From 1 to less than 3 years of service: 2 weeks of vacation, with vacation pay equal to 4%.
- 3 years or more of service: 3 weeks of vacation, with vacation pay equal to 6%.
These are the minimum standards. Your employer may offer more favourable conditions. Your employer must inform you of your vacation dates at least 4 weeks in advance. For some seasonal or intermittent jobs, vacation pay may be paid directly with each paycheque, depending on the applicable conditions.
Statutory Holidays
In Quebec, certain days of the year are recognized as statutory holidays under the Act respecting labour standards. If you are entitled to a statutory holiday and do not work that day, you may be entitled to statutory holiday pay. If you work on a statutory holiday, specific rules also apply to the compensation you must receive. Depending on the situation, this may include holiday pay or a compensatory day off.
The calculation of statutory holiday pay is also established by law and depends, among other factors, on the wages earned during the weeks preceding the holiday. The statutory holidays recognized and the conditions for receiving holiday pay may vary depending on the situation. Check the current CNESST information to find out which rules apply to you.
Leave for Illness or a Non-Work-Related Accident
If you are sick or have an accident that is not related to your work, you may be able to take leave. Your employment relationship is protected for a period of up to 26 weeks within a 12-month period, subject to the conditions established by law. These absences are generally unpaid, except for the first 2 paid days of absence when you meet the conditions established by law.
You must inform your employer of your absence as soon as possible. There are also rules concerning the documents an employer may request to justify an absence due to illness or an accident.
Leave for Family Responsibilities
You may also take leave from work to meet certain family responsibilities, including those related to:
- the health, care, or education of your child;
- the health of a family member;
- certain responsibilities involving someone close to you.
The law allows up to 10 days of leave per year for certain family or parental responsibilities. You must inform your employer as soon as possible and take reasonable steps to limit the duration of your absence. Some of these absences may entitle you to paid days, depending on the situation and the conditions established by law.
In the Event of a Family Member's Death
The law also provides for leave in the event of the death or funeral of certain family members. The length of the leave and whether it is paid or unpaid depend, among other things, on your relationship with the deceased person and the conditions established by law. You must inform your employer as soon as possible.
What Should You Do If You Need to Be Absent?
When you need to take vacation or be absent for a reason covered by law:
- Find out which type of leave or absence applies to your situation.
- Inform your employer as soon as possible, when required by law.
- Keep any documents related to your absence, when applicable.
- Check your pay statement to make sure any payments or vacation pay you are entitled to have been paid.
- If you have questions about your rights, consult the current information provided by the CNESST.
Vacation, statutory holidays, and different types of leave are not all the same. Some are paid, others are unpaid, and the conditions may vary depending on the situation. As a temporary foreign worker, understanding these rules can help you better understand your working conditions and know what you can request when you need to be absent from work.
This article is provided for general informational purposes only. It does not constitute legal advice. Applicable laws and regulations take precedence.
