D-2, r. 15 - Decree respecting building service employees in the Montréal region

Section 9.06 Disposition versions

2021-03-31

9.06. For the purposes of this section, the definition of relative refers to the definition set out in section 79.6.1 of the Act respecting labour standards (chapter N-1.1).

An employee may be absent from work for 10 days per year to fulfill obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of a relative or a person for whom the employee acts as a caregiver, as attested by a professional working in the health and social services sector and governed by the Professional Code (chapter C-26).

The leave may be divided into days. A day may also be divided if the employer consents thereto.

If it is warranted, by the duration of the absence for instance, the employer may request that the employee provide a document attesting to the reasons for the absence.

The employee must notify his employer of his absence as soon as possible and take the reasonable steps within his power to limit the leave and the duration of the leave.

Subject to the provisions of Division 12.00, the first 2 days of leave taken annually must be remunerated according to the following formula: 1/20 of the wages earned during the 4 complete weeks of pay preceding the week of the leave, excluding overtime hours, and with any adjustments required in the case of division. The employee becomes entitled to such remuneration on being credited with 3 months of uninterrupted service, even if he was absent previously. However, the employer is not required to pay remuneration for more than 2 days of absence during the same calendar year, when the employee is absent from work for any of the reasons set out in this section or in section 9.09.

O.C. 262-94, s. 16; O.C. 736-2005, s. 16; O.C. 289-2021, s. 19.

2012-09-01

9.06. An employee may be absent from work, without pay, for 10 days a year to fulfil obligations relating to the care, health or education of the employee’s child or the child of the employee’s spouse, or because of the state of health of the employee’s spouse, father, mother, brother, sister or one of the employee’s grandparents. The employee must have taken the reasonable steps within his power to assume his obligations otherwise and to limit the duration of the leave.

This leave may be divided into separate days. A day may also be divided if the employer agrees thereto. The employee must notify his employer of his absence as soon as possible.

O.C. 262-94, s. 16; O.C. 736-2005, s. 16.