7.05. The annual leave must be taken within 12 months following the end of the reference year.
However, under a written agreement between the employer and the employee, the annual leave may be taken, entirely or partly, during the reference year.
If, at the end of the 12 months that follow the end of a reference year, the employee is absent owing to sickness or accident, or is absent or on leave for family or parental matters, in accordance with the Act respecting Labour Standards (chapter N-1.1), the annual leave may be deferred, upon written agreement between the employer and the employee, to the following year. If there is no agreement for deferring the annual leave, the employer must then pay the employee the annual leave indemnity to which he is entitled.
A period of employment insurance, sickness, or disability, interrupted by a leave taken in accordance with this section, continues, if such is the case, after the leave, as if it had not been interrupted.
R.R.Q., 1981, c. D-2, r. 44, s. 7.05; O.C. 2573-82, s. 11; O.C. 1385-99, s. 7; O.C. 781-2005, s. 7.