6.02. To be entitled to a holiday provided for in section 6.01, the employee must not be absent from work on the first working day of his work schedule preceding and following that holiday.
However, an employee is deemed not to be absent from work on the first working day of his work schedule preceding and following a holiday if:(1) the absence of the employee is authorized by a law or the employer, or is for a valid reason, and the employee must not receive for that holiday an indemnity for an accident, illness or disability payable under an act, in particular, the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Automobile Insurance Act (chapter A-25), the Employment Insurance Act (S.C. 1996, c. 23), or payable under any public plan or collective compensation plan;
(2) the employee was laid off for less than 20 days preceding or following 1 and 2 January as well as 25 and 26 December, or for less than 5 days for the other holidays provided for in section 6.01.
R.R.Q., 1981, c. D-2, r. 45, s. 6.02; O.C. 229-90, s. 4; O.C. 1389-99, s. 8; O.C. 723-2005, s. 4.