How many days of leave do i get for a death in my family?
Short answer
In Quebec, the death or funeral of a spouse, a child, the spouse's child, a father, a mother, a brother or a sister gives the right to 5 days of absence, the first 2 of which are paid (s. 80 of the Act respecting labour standards).
In detail
For the death or funeral of a son-in-law, a daughter-in-law, a grandparent, a grandchild, or the spouse's father, mother, brother or sister, the Act provides for one day of absence without pay (s. 80.1).
Special rules apply where a minor child dies, where a spouse or a child dies by suicide, or where a minor child goes missing: the period of absence allowed is then much longer and can reach 104 weeks.
The employee must notify the employer as soon as possible. A collective agreement or a company policy may provide for more.
What to document
The date of the death and the date of the funeral, the family relationship, the days of absence you took, the notice you gave the employer and its date, and the pay stub showing the paid days. These simple elements are enough to establish the entitlement.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Act respecting labour standards (CQLR, c. N-1.1) — Légis Québec
- CNESST — Interpretation guide, section 80.1
- CNESST — Manual for the application of the Act respecting labour standards (MALNT)
Related questions
- How long are maternity leave and parental leave in quebec?
- How many weeks notice must my employer give me before dismissing me?
- I was dismissed can i contest it?
- I was dismissed after one year of service what can i do?
- Can my employer fire me because i was on sick leave?
See all the answers · the full guide collection · Lire en français
What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.