Chapter 20 : Parental Rights

 
 

 

Maternity leave

20.01   
Female postdoctoral fellows under contract are entitled to twenty-one (21) weeks of maternity leave.

The postdoctoral fellow shall determine how the maternity leave, which includes the day of the birth, is to be apportioned.

20.02   
A female postdoctoral fellow who has accumulated 700 hours of seniority during the 365‑day period preceding the start of the maternity leave and who is eligible for parental insurance benefits under the Act respecting parental insurance is entitled to receive, during the twenty-one (21) weeks of maternity leave, additional compensation equal to the difference between her weekly salary and the amount of the benefits she is receiving or could receive if she were to apply to the Québec Parental Insurance Plan.

20.03   
A female postdoctoral fellow who has not accumulated 700 hours of seniority during the 365‑day period preceding the start of the maternity leave and who is eligible for parental insurance benefits under the Act respecting parental insurance is entitled to receive additional compensation equal to the difference between her weekly salary and the amount of the benefits she is receiving or could receive if she were to apply to the Québec Parental Insurance Plan. This provision shall apply to the period of the maternity leave but not for a period of more than ten (10) consecutive weeks.

20.04   
This additional compensation shall be calculated on the basis of the amount of the benefits a female postdoctoral fellow is entitled to receive from the Québec Parental Insurance Plan, without taking into account any amounts deducted from such benefits as repayment, interest or penalties under the Act respecting parental insurance.

The postdoctoral fellow shall provide proof of benefits payable under the Québec Parental Insurance Plan to that end.

20.05   
A female postdoctoral fellow not eligible for parental insurance benefits shall not receive any additional compensation or salary during the maternity leave.

20.06   
No additional maternity compensation shall be paid during the vacation period if the latter is paid.

20.07   
The maternity leave must be preceded by a minimum of three (3) weeks of written notice to the Employer of the planned start and end dates for the leave. This period may be altered upon receipt of a medical certificate explaining the reasons for the change.

Such notice shall be accompanied by a medical certificate attesting to the pregnancy and the due date.

Adoption leave

20.08   
A postdoctoral fellow under contract who, within the meaning of the provisions of Quebec’s adoption laws, adopts a child other than a child of her or his spouse shall receive a maximum of seven (7) weeks of adoption leave upon request.

20.09   
A postdoctoral fellow who has accumulated 700 hours of seniority during the 365-day period preceding the start of the leave and who is eligible for parental insurance benefits under the Act respecting parental insurance is entitled to receive, during the first sept (7) weeks of adoption leave, additional compensation equal to the difference between her or his weekly salary and the amount of the benefits she or he is receiving or could receive if she or he were to apply to the Québec Parental Insurance Plan.

The postdoctoral fellow shall provide proof of benefits payable under the Québec Parental Insurance Plan to that end.

20.10   
A postdoctoral fellow who has not accumulated 700 hours of seniority during the 365-day period preceding the start of the leave and who is eligible for parental insurance benefits under the Act respecting parental insurance is entitled to receive, for five (5) consecutive weeks, additional compensation equal to the difference between her or his weekly salary and the amount of the benefits she or he is receiving or could receive if she or he were to apply to the Québec Parental Insurance Plan.

The postdoctoral fellow shall provide proof of benefits payable under the Québec Parental Insurance Plan to that end.

20.11   
A postdoctoral fellow who is not eligible for parental insurance benefits shall not receive any additional compensation or salary while on adoption leave.

20.12   
A postdoctoral fellow who legally adopts a child of her or his spouse is entitled to a maximum of five (5) consecutive days of paid leave.

Spousal leave

20.13   
A postdoctoral fellow under contract whose spouse gives birth or whose spouse is taking adoption leave is entitled, upon request, to a maximum of seven (7) weeks of spousal leave, which shall start when the child arrives at the parents’ home.

20.14   
A postdoctoral fellow who has accumulated 700 hours of seniority during the 365-day period preceding the start of the spousal leave and who is eligible for parental insurance benefits under the Act respecting parental insurance is entitled to receive, during the seven (7) weeks of spousal leave, additional compensation equal to the difference between her or his weekly salary and the amount of the benefits she or he is receiving or could receive if she or he were to apply to the Québec Parental Insurance Plan.

The postdoctoral fellow shall provide proof of benefits payable under the Québec Parental Insurance Plan to that end.

20.15   
A postdoctoral fellow who has not accumulated 700 hours of seniority during the 365-day period preceding the start of the spousal leave and who is eligible for parental insurance benefits under the Act respecting parental insurance is entitled to receive, for five (5) consecutive weeks, additional compensation equal to the difference between her or his weekly salary and the amount of the benefits she or he is receiving or could receive if she or he were to apply to the Québec Parental Insurance Plan.

To that end, the postdoctoral fellow shall provide proof of benefits payable under the Québec Parental Insurance Plan.

20.16   
A postdoctoral fellow who is not eligible for parental insurance benefits shall not receive any additional compensation or salary while on adoption leave.

Parental leave

20.17   
Upon request, a postdoctoral fellow under contract may take parental leave without pay for a maximum of fifty-two (52) weeks as an extension of maternity leave, spousal leave or adoption leave.