Interpretation
As with the rest of this guide, the following pages contain a detailed interpretation of the provisions of Article 26. But, in order to allow you to see at a glance the essential details of the paid parental leave to which you are entitled, a summary table is presented below. Note that unpaid leave is also provided for in article 26.41.
Maternity leave
QPIP BASIC PLAN | ||
|---|---|---|
Weeks 1 to 18 | 18 weeks’ QPIP maternity
benefits (70%) + employer’s allowance = 95% of usual salary, including premiums and supplements | |
Weeks 19 to 21 | 3 weeks’ QPIP parental
benefits (70%) + employer’s allowance = 95% of usual salary, including premiums and supplements | |
Parental leave (art. 26.41) | Weeks 22 to 25 | 4 weeks’ QPIP parental
benefits (70%) |
Weeks 26 to 50 | 25 weeks’ QPIP parental benefits (55 %) | |
TOTAL | 50 weeks | (21 weeks x 95%) + (4 weeks x 70%) + (25 weeks x 55%) = average of 72.4% of your regular income over a 50-week period |
QPIP SPECIAL PLAN | ||
|---|---|---|
Weeks 1 to 15 | 15 weeks’ QPIP maternity
benefits (75%) + employer’s allowance = 95% of usual salary, including premiums and supplements | |
Weeks 16 to 21 | 6 weeks’ QPIP parental
benefits (75%) + employer’s allowance = 95% of usual salary, including premiums and supplements | |
Parental leave (art. 26.41) | Weeks 22 to 40 | 19 weeks’ QPIP parental
benefits (75%) |
TOTAL | 40 weeks | (21 weeks x 95%) + (19 weeks x 75%) = average of 84.8% of your regular income over a 40-week period |
Paternity leave
QPIP BASIC PLAN | ||
|---|---|---|
*The number of weeks’ parental leave available will be deducted from the number of weeks taken by the mother. | ||
Paternity leave (art. 26.28) | 1 week | 5 days paid at 100% by
employer, including premiums
and supplements |
Paternity leave (art. 26.29) | 5 weeks | 5 weeks’ QPIP paternity
benefits (70%) + employer’s allowance = 100% of usual salary, including premiums and supplements |
Maximum 7 weeks* | 7 weeks’ QPIP parental
benefits (70%) | |
Maximum 25 weeks* | 25 weeks’ QPIP parental
benefits (55%) | |
TOTAL | 38 weeks, of which 37 are paid by the QPIP | |
QPIP SPECIAL PLAN | ||
|---|---|---|
*The number of weeks’ parental leave available will be deducted from the number of weeks taken by the mother. | ||
Paternity leave (art. 26.28) | 1 week | 5 days paid at 100% by
employer, including premiums
and supplements |
3 weeks | 3 weeks’ QPIP paternity
benefits (75%) + employer’s allowance = 100% of usual salary, including premiums and supplements | |
2 weeks | Unpaid paternity leave | |
Maximum 25 weeks* | 25 weeks’ QPIP parental
benefits (75%) | |
TOTAL | 29 weeks, of which 28 are paid by the QPIP, with possibility
of 2 weeks’ unpaid leave | |
Adoption leave
QPIP BASIC PLAN | ||
|---|---|---|
Adoption leave (art. 26.33) | 1 week | 5 days paid at 100% by
employer, including premiums
and supplements |
5 weeks | 5 weeks’ QPIP adoption
benefits (70%) + employer’s allowance = 100% of usual salary, including premiums and supplements | |
Maximum 7 weeks | 7 weeks’ QPIP adoption
benefits (70%) | |
Maximum 25 weeks | 25 weeks’ QPIP adoption
benefits (55%) | |
TOTAL | 38 weeks, of which 37 are paid by the QPIP | |
QPIP SPECIAL PLAN | ||
|---|---|---|
Adoption leave (art. 26.33) | 1 week | 5 days paid at 100% by
employer, including premiums
and supplements |
5 weeks | 5 weeks’ QPIP adoption
benefits (75%) + employer’s allowance = 100% of usual salary, including premiums and supplements | |
Maximum 23 weeks | 23 weeks’ QPIP adoption
benefits (75%) | |
TOTAL | 29 weeks, of which 28 are paid by the QPIP | |
SECTION I - GENERAL PROVISIONS
LEAVE ALLOWANCE
Interpretation
Most pregnant residents are eligible for the Quebec Parental Insurance Plan (QPIP), but there are some exceptions (see article 26.14 for QPIP eligibility criteria). Where applicable, you must apply under the Employment Insurance Plan.
This provision stipulates that your establishment pays you an allowance as a supplement to the Parental Insurance or Employment Insurance benefit to make up the difference between the amount of that benefit and an amount equivalent to 95% of your salary.
The purpose of the last paragraph of this article is to limit the opportunity for two spouses working in the public or parapublic sector [for definition, see article 26.17 c)], in two different establishments, both to take leave that is restricted to one spouse only.
The establishment may require from the resident wishing to take such leave either an attestation from her spouse’s workplace issued by the latter’s employer or a statement made under oath by the resident herself.
SAME SEX SPOUSE BENEFITS
When both parents are women, the allowances and benefits granted to the father are then granted to the one of the two mothers who did not give birth to the child.
Restrictions
The establishment shall not reimburse the resident for amounts that could be demanded of him/her by the Minister of Employment and Social Solidarity pursuant to the Act respecting parental insurance, or by Employment and Social Development Canada (ESDC) pursuant to the Employment Insurance Act.
Interpretation
The maximum insurable income for 2018 is $74,000.
Interpretation
“Basic weekly salary” means the resident’s regular salary, including responsibility premiums and supplements, i.e., chief resident and assistant chief resident supplements, call responsibility premium, and teaching responsibility premium.
1 “Basic weekly salary” means the resident’s regular salary, including responsibility supplements.
Barring express stipulations to the contrary, this article shall not give the resident any monetary or non-monetary benefit which he would not have received had he remained at work.
SECTION II - MATERNITY LEAVE
MATERNITY LEAVE : DURATION
The pregnant resident eligible under the Quebec Parental Insurance Plan shall be entitled to maternity leave of twenty-one (21) weeks’ duration which, subject to articles 26.10 or 26.11, shall be consecutive.
The pregnant resident not eligible under the Quebec Parental Insurance Plan shall be entitled to maternity leave of twenty (20) weeks’ duration which, subject to articles 26.10 or 26.11, shall be consecutive.
The resident who becomes pregnant while benefiting from unpaid leave or partial unpaid leave as provided for in this article is also entitled to this maternity leave and to the benefits provided for in articles 26.14, 26.15 and 26.16, as applicable.
The resident whose female spouse dies shall have the remainder of the maternity leave transferred to him and enjoy the rights and benefits associated with it.
Interpretation
The maximum duration of your maternity leave will be 21 weeks, if you are eligible for the QPIP, and 20 weeks if you are not eligible. If you are not eligible for the QPIP, please consult the Federation. Note that the QPIP provides for maternity leave of 18 weeks’ duration. You will therefore have to apply to the QPIP for parental leave to cover the last three weeks of maternity leave provided for in this article.
PREGNANCY TERMINATION
The resident shall also be entitled to maternity leave in the event of pregnancy termination after the commencement of the twentieth (20th) week preceding the expected date of delivery.
Interpretation
In the event of pregnancy termination after the commencement of the 20th week preceding the expected date of delivery, you are entitled to 21 weeks’ maternity leave. You will receive QPIP maternity benefits for the first 18 weeks as well as an employer’s allowance bringing you up to the equivalent of 95% of your regular salary, including premiums and supplements. During the last three weeks completing the 21 weeks’ maternity leave provided for in this Agreement, the benefit of 95% of your salary will be paid in full by the employer.
You are not, however, entitled to QPIP parental benefits. As to the father, he is entitled to the five days’ paternity leave provided for in article 26.28, but he is not entitled to the five weeks’ paternity leave giving access to paternity benefits.
Finally, if you have a pregnancy termination prior to the 20th week of pregnancy, you can take special
leave and benefit from salary insurance in accordance with article 26.26 b). The duration of this leave
is determined by the medical certificate issued by your attending physician.
DISTRIBUTION OF LEAVE
The resident shall decide on the distribution of her maternity leave, before and after delivery. This leave shall be concurrent with the benefit payment period under the Act respecting parental insurance and shall begin no later than the week following the start of payments granted under the Quebec Parental Insurance Plan.
For the resident eligible for benefits under the Employment Insurance Plan, the maternity leave must include the delivery date.
Interpretation
You may start your maternity leave at any time, but if you wish to begin your maternity leave before the 24th week of pregnancy, you cannot receive QPIP benefits. You will therefore be on unpaid maternity leave during those weeks, except in case of preventive removal (see article 26.24 for nformation on preventive removal). From the 24th week onward, you will be able to receive QPIP benefits and the employer’s allowance so you receive the equivalent of 95% of your salary, including premiums and supplements.
ELIGIBILITY
The resident shall be entitled to the totality of this maternity leave and all corresponding benefits, regardless of the time remaining in her employment.
Interpretation
Nevertheless, to avoid a lot of red tape, it is in the resident’s interest to start her maternity leave at least one month before the scheduled end of her residency and to take the necessary steps, within the normally prescribed deadlines, to have a training card issued for the following year.
SUSPENSION OF LEAVE
When she is sufficiently recovered from the delivery and her child is unable to leave the health establishment, the resident may suspend her maternity leave by returning to work. It shall be completed when the child goes home to the family residence.
In addition, when the resident is sufficiently recovered from the delivery and her child is hospitalized after having left the health establishment, the resident may suspend her maternity leave, upon agreement with the establishment, by returning to work for the duration of this hospitalization.
SPLITTING MATERNITY LEAVE
Upon the resident’s request, the maternity leave may be split into weeks if her child is hospitalized or when a situation arises, other than a pregnancy-related illness, as contemplated in section 79.1 or sections 79.8 through 79.12 of the Act respecting labour standards (CQLR, c. N-1.1).
The maximum number of weeks during which maternity leave may be suspended shall be equal to the number of weeks that the child’s hospitalization lasts. For the other possibilities for splitting, the maximum number of weeks of suspension is that provided for in the Act respecting labour standards for such a situation.
During such a suspension, the resident shall be deemed to be on unpaid leave and shall receive no financial allowances or benefits from the establishment; she shall, however, receive the benefits provided for in article 26.42.
Interpretation
The agreement stipulates that you may take up to 26 weeks’ unpaid leave if your child is hospitalized after its birth. You may also take unpaid leave for a reason mentioned in sections 79.1 and 79.8 to 79.12 of the Act respecting labour standards. For such leave, contact the Federation for further information.
During that period, however, you continue to benefit from the drug insurance plan and the other optional insurance plans provided for in article 26.42 of the Agreement, on certain conditions.
BENEFIT DURING SPLIT MATERNITY LEAVE
When the maternity leave suspended or split pursuant to article 26.10 or 26.11, is resumed, the establishment shall pay the resident the allowance to which she would have been entitled if she had not taken advantage of such a suspension or split, for the number of weeks remaining pursuant to articles 26.14, 26.15 or 26.16, as applicable, subject to article 26.01.
NOTICE
To obtain maternity leave, the resident shall notify the establishment in writing at least two (2) weeks before the date of her departure. This notification shall be accompanied by a medical certificate or a written report signed by a midwife attesting to the pregnancy and the expected date of delivery.
The deadline for notification may be reduced if the resident presents a medical certificate attesting that she must stop working sooner than expected. In unforeseen circumstances, the resident shall be exempted from the formality of notification, provided she presents the establishment with a medical certificate attesting to the fact that she was forced to stop working without delay.
When the resident leaves on maternity leave, the establishment shall give her a certificate attesting that she is gainfully employed.
Interpretation
The resident may be exempted from the notification owing to unforeseen circumstances, such as highrisk pregnancy, accompanied by sudden bleeding requiring her to be confined to bed. We suggest, however, that you advise the establishment as soon as you have decided when you will be taking your maternity leave. Also, the academic regulations of certain universities require you to inform the Office of the Associate Dean of the dates of your maternity and parental leave, as applicable.
CASES ELIGIBLE UNDER THE QUEBEC PARENTAL INSURANCE PLAN
ELIGIBILITY FOR MATERNITY BENEFIT
The resident who has accumulated twenty (20) weeks’ service and is eligible for benefits under the Quebec Parental Insurance Plan shall also be entitled to receive, during the twenty-one (21) weeks of her maternity leave, a benefit equal to the difference between ninety-five per cent (95%) of her basic weekly salary and the amount of the maternity or parental benefits she is receiving, or would be receiving if she applied for them, under the Quebec Parental Insurance Plan
CALCULATION OF ADDITIONAL BENEFIT
This benefit shall be calculated on the basis of the Quebec Parental Insurance Plan benefits that a resident is entitled to receive, without taking into account the sums deducted from such benefits in order to repay benefits, interest, penalties and other amounts collectable under the Act respecting parental insurance.
Nevertheless, if a change is made in the amount of the benefit paid by the Quebec Parental Insurance Plan following a change in the information provided by the establishment, the latter shall correct the amount of the benefit accordingly.
Interpretation
- be a paid worker residing in Quebec at the start of the benefit period;
- have experienced a drop of at least 40% in his or her usual weekly employment income or time devoted to his or her business activities;
- be a paid worker whose insurable income is at least $2,000, regardless of the number of hours worked. Income is estimated over a 52-week reference period;
- There is no minimum number of hours that has to be worked;
- The maximum insurable income is $74,000.
2 A resident who is absent shall accumulate service if her absence is authorized, in particular due to a disability, and involves benefits or remuneration.
Interpretation
QPIP BASIC PLAN | ||
|---|---|---|
Maternity leave (21 weeks) (art. 26.06 and seq.) | Weeks 1 to 18 | 18 weeks’ QPIP maternity benefits (70%) + employer’s allowance = 95% of usual salary, including premiums and supplements |
Weeks 19 to 21 | 3 weeks’ QPIP parental benefits (70%) + employer’s allowance = 95% of usual salary, including premiums and supplements | |
Parental leave (art. 26.41) | Weeks 22 to 25 | 4 weeks’ QPIP parental benefits (70%) |
Weeks 26 to 50 | 25 weeks’ QPIP parental benefits (55%) | |
TOTAL | 50 weeks | (21 weeks x 95%) + (4 weeks x 70%) + (25 weeks x 55%) = average of 72.4% of your regular income over a 50-week period |
QPIP SPECIAL PLAN | ||
|---|---|---|
Weeks 1 to 15 | 15 weeks’ QPIP maternity benefits (75%) + employer’s allowance = 95% of usual salary, including premiums and supplements | |
Weeks 16 to 21 | 6 weeks’ QPIP parental benefits (75%) + employer’s allowance = 95% of usual salary, including premiums and supplements | |
Parental leave (art. 26.41) | Weeks 22 to 40 | 19 weeks’ QPIP parental benefits (75%) |
TOTAL | 40 weeks | (21 weeks x 95%) + (19 weeks x 75%) = average of 84.8% of your regular income over a 40-week period |
In both cases (basic plan or special plan), to receive 95% of your salary throughout your maternity leave, it is mandatory to make both the maternity leave and the parental leave applications to the QPIP, since the maternity leave provided for in the collective agreement (21 weeks) is three weeks longer than that provided for in the QPIP (18 weeks). The applications may be made through the QPIP Website (www.rqap.gouv.qc.ca).
Residents wishing to continue parental leave after the 21 weeks’ maternity leave should consult article 26.41 for further information.
CASES NOT ELIGIBLE UNDER THE QUEBEC PARENTAL INSURANCE PLAN BUT ELIGIBLE UNDER THE EMPLOYMENT INSURANCE PLAN
ELIGIBILITY FOR EMPLOYMENT INSURANCE
The resident who has accumulated twenty (20) weeks’ service and is eligible under the Employment Insurance Plan but is not eligible under the Quebec Parental Insurance Plan shall be entitled to receive:
WAITING PERIOD
a) for each week of the waiting period provided for under the Employment Insurance Plan, an allowance equal to ninety-five per cent (95%) of her basic weekly salary;
ALLOWANCE ADDITIONAL TO EMPLOYMENT INSURANCE
b) for each of the weeks following the period provided for in subparagraph a), an allowance equal to the difference between ninety-five per cent (95%) of her basic weekly salary and the Employment Insurance Plan maternity or parental benefit she is receiving, or could receive if she applied for it, until the end of the twentieth (20th) week of the maternity leave.
CALCULATION OF ADDITIONAL ALLOWANCE
This allowance shall be calculated on the basis of the Employment Insurance benefits a resident is entitled to receive, without taking into account the sums deducted from such benefits in order to repay benefits, interest, penalties and other amounts collectable under the Employment Insurance Plan.
MATERNITY LEAVE ALLOWANCE
Nevertheless, if a change is made in the amount of the Employment Insurance benefit following a change in the information provided by the establishment, the latter shall correct the amount of the benefit accordingly.
Furthermore, if ESDC reduces the number of weeks of Employment Insurance benefits to which the resident would otherwise have been entitled if she had not received Employment Insurance benefits before her maternity leave, the resident shall continue to receive the allowance provided for in this subparagraph for a period equal to the number of weeks deducted by ESDC, as if she had received Employment Insurance benefits during that period.
Interpretation
There are three basic conditions for entitlement to the benefits provided for in this article:
- you must not be eligible for the QPIP;
- you must have completed 20 weeks’ service in the public or parapublic sector within the past 12 months; and
- ou must be eligible for Employment Insurance benefits.
For further information on Employment Insurance, you may consult the Employment and Social
Development Canada (ESDC) Website at www.canada.ca/en/employment-social-development.html.
ESDC provides for maternity leave benefits for a period of 17 weeks, with the first 2 weeks actually being waiting-period weeks. So the establishment will pay the stipulated benefit, i.e., 95% of your salary, including premiums and supplements, for the two weeks of the waiting period. It will then pay the difference between the ESDC benefit paid and 95% of the salary including premiums and supplements. For the last two weeks of maternity leave provided for in the Agreement, parental leave benefits must be applied for. The establishment will therefore pay the difference between the amount of the parental leave benefit and 95% of the salary. Note also that you benefit from salary range increases and the statutory increase that come into effect during your maternity leave.
CASES NOT ELIGIBLE UNDER THE QUEBEC PARENTAL INSURANCE PLAN AND THE EMPLOYMENT INSURANCE PLAN
INELIGIBILITY FOR QPIP AND EMPLOYMENT INSURANCE
The resident ineligible for Quebec Parental Insurance Plan and Employment Insurance Plan benefits shall also be excluded from benefiting from any allowance provided for in articles 26.14 and 26.15.
Nevertheless, the resident who has accumulated twenty (20) weeks of service shall be entitled to an allowance equal to ninety-five per cent (95%) of her basic weekly salary, for twelve (12) weeks, if she is not receiving benefits under a parental rights plan established by another province or territory.
Interpretation
The general rule excludes payment of any benefit if you have been declared ineligible for or excluded from Quebec Parental Insurance Plan benefits or Employment Insurance benefits by Employment and Social Development Canada (ESDC) and have not accumulated 20 weeks’ service in residency.
Special rules are, however, provided for in the second paragraph, if you have accumulated 20 weeks’ service in the public or parapublic sector. In fact, if you have previously worked for one of the employers listed in article 26.17 c), you can use the number of weeks accumulated to make up the 20 weeks needed to receive an allowance equal to 95% of your salary, including premiums and supplements, for 12 weeks. This allowance will be paid in full by the establishment.
It is possible for the 12 weeks’ benefit paid by the employer to be considered insurable pay for the purposes of calculating QPIP benefits. Please get in touch with the Federation if you have any questions.
PAYMENT OF ALLOWANCE DURING VACATION
In the cases provided for in articles 26.14, 26.15 and 26.16 :
a) No allowance shall be paid during the annual vacation period in which the resident receives remuneration.
b) Unless salaries are paid on a weekly basis, the allowance shall be paid every two (2) weeks with, however, the first instalment being payable, in the case of the resident eligible under the Quebec Parental Insurance Plan or the Employment Insurance Plan, only fifteen (15) days following receipt by the establishment of proof that the resident is receiving benefits under either of these plans. For the purposes of this article, any record or statement of benefit payments, as well as any information provided by the Ministry of Labour, Employment and Social Solidarity or by ESDC by means of an official statement, shall be deemed to constitute proof.
LENGTH OF SERVICE
c) Length of service shall be computed with reference to all public and parapublic sector employers (Civil Service, Education, and Health and Social Services), health and social services agencies, agencies whose statute stipulates that the pay standards and scales are determined in accordance with the conditions defined by the government, the Office franco-québécois pour la jeunesse, the Société de gestion du réseau informatique des commissions scolaires and any other agency whose name appears in Schedule C of the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (CQLR, c. R-8.2).
Moreover, the requirement of twenty (20) weeks of service stipulated in articles 26.14, 26.15 et 26.16 shall be deemed to be fulfilled, where applicable, when the resident has met this requirement for any of the employers listed in this subparagraph.
Interpretation
a) You cannot receive QPIP benefits or Employment Insurance benefits and vacation pay for the same week during your maternity leave. You may take your vacation before your maternity leave begins, or defer it until the end of your maternity leave, if you do not want to be penalized.
b) This paragraph sets out the terms and conditions for payment of your allowances, if any.
c) This paragraph defines the employers with whom you may have accumulated service before the start of your residency, in addition to your residency, that can thus be counted so that you may receive an allowance for a maximum of 12 weeks.
FRINGE BENEFITS DURING MATERNITY LEAVE
During her maternity leave, the resident shall receive, provided she is normally so entitled, the following benefits:
- life insurance;
- medical drug insurance, with the resident paying her contribution;
- accumulation of annual vacation;
- accumulation of sick leave;
- maintenance of the benefits provided for in articles 13.02 and 13.05.
Interpretation
During your maternity leave, you enjoy exclusively those benefits provided for in this article. For instance, you accumulate your annual leave, while you cannot accumulate the statutory holidays that occur during your maternity leave.
DEFERRAL OF VACATION
The resident may defer a maximum of four (4) weeks of annual leave if these weeks lie within the maternity leave and if, no later than two (2) weeks before the termination of the said leave, she notifies the establishment in writing of the date of the deferral.
Interpretation
If you had scheduled vacation or if you still have some vacation to take before the end of the academic year, during your maternity leave, you must inform your establishment by the 18th week of your maternity leave that you wish to defer it
It is also important to ensure that the rotation validation rule (75%) will enable you to take the vacation to which you are entitled when you return from maternity leave. Note that, if you were on maternity and parental leave for at least nine months in a given year, you can transfer up to 20 days’ vacation to the following year. You could take one month’s vacation immediately following your maternity leave, before returning to residency. That way, you will not lose your vacation days.
Note that you can, at the end of your maternity leave and before starting your parental leave, decide to be paid for your vacation for the current year. If, however, you have vacation carried forward from the previous year, that vacation cannot be taken in monetary compensation.
DELIVERY DATE DELAYED
If the birth takes place after the expected date, the resident shall be entitled to an extension of her maternity leave equal to the period she was overdue, unless she already has at least two (2) weeks’ maternity leave available to her after the birth.
EXTENSION OF MATERNITY LEAVE
The resident may take an extension of her maternity leave if the state of her child’s health or the state of her own health requires it. The duration of this extension shall be that indicated on the medical certificate which must be provided by the resident.
During these extensions, the resident shall be deemed to be on unpaid leave and shall receive no allowance or benefit from the establishment. The resident shall receive the benefits provided for in article 26.18 for the first six (6) weeks of extension of her leave only, and subsequently she shall receive those mentioned in article 26.42.
Interpretation
In addition to the situations described in articles 26.10 (discontinuous maternity leave) and 26.11 (split maternity leave), this article permits, when your own or your child’s health requires it, a six-week unpaid extension of maternity leave. During the first six weeks of this unpaid leave, you continue to accumulate vacation, sick leave, and conference and study days, and you keep your supplementary insurance coverage provided for in the Agreement.
Between the 6th and 52nd weeks of unpaid leave, you must maintain your drug insurance coverage by paying your share, as required by the Act respecting prescription drug insurance, CQLR c. A-29.01.
RETURN TO WORK BEFORE END OF MATERNITY LEAVE
Maternity leave may be of a shorter duration than that provided for in article 26.06. If the resident returns to work within two (2) weeks of the birth, she shall submit, upon the establishment’s request, a medical certificate attesting that she has recovered sufficiently to resume her work.
NOTICE OF EXPIRY OF LEAVE
The establishment shall send the resident, during the fourth (4th) week preceding the expiry of her maternity leave, a notice of the estimated date of expiry of this leave.
The resident who has received a notice to that effect from the establishment shall return to work upon the expiry of her maternity leave unless it is extended as provided for in article 26.48.
The resident who does not comply with the provisions of the previous paragraph shall be considered to be on unpaid leave for a period not exceeding four (4) weeks. At the end of this period, the resident who has not returned to work shall be deemed to have resigned.
Interpretation
Article 26.06 establishes maternity leave at 21 weeks. Moreover, under article 26.48, an application must be made in writing at least three weeks before the end of the maternity leave to receive unpaid parental leave. This unpaid leave, depending on the terms and conditions chosen, may or may not directly follow the maternity leave. Also, during this unpaid leave, you will be able to apply to the QPIP for parental leave benefits.
It is important to note that a resident who does not report for work during the four weeks following her scheduled return is deemed to have resigned, and therefore loses her residency position.
RETURN FROM LEAVE
Upon her return from maternity leave, the resident shall resume the position she occupied under the terms of the decree on the assignment of positions to residents, and shall carry out her rotations in accordance with the training card
issued by the Collège.
Interpretation
This article guarantees you a residency position on your return from maternity leave.
SECTION III – SPECIAL LEAVE DURING PREGNANCY AND BREASTFEEDING
Interpretation
To make it easier to change rotations or rearrange their sequence, it is preferable to discuss this issue with your program director early on in your pregnancy, since rearranging your rotations may have an impact on the sequence of rotations carried out by your colleagues.
TEMPORARY REASSIGNMENT AND SPECIAL LEAVE
PREVENTIVE REMOVAL: TEMPORARY REASSIGNMENT
The resident may request temporary reassignment to another rotation provided for in her training program in the following cases:
a) She is pregnant and her working conditions involve risk of exposure to infectious disease or physical danger to herself or her unborn child.
b) Her working conditions involve a danger for the child she is breastfeeding.
MEDICAL CERTIFICATE
The resident shall submit a medical certificate to this effect as soon as possible.
NOTICE TO THE FEDERATION
When the establishment receives a preventive removal application, it shall immediately inform the Federation, the faculty of medicine concerned and the Régie thereof, indicating the name of the resident and the grounds for the preventive removal application.
SPECIAL LEAVE IF NOT REASSIGNED
If the resident is not reassigned immediately, she shall be entitled to special leave, effective immediately. Unless the resident is later temporarily reassigned, thereby terminating this leave, for the pregnant resident the special leave shall terminate upon her delivery date, and for the nursing resident, at the end of the nursing period. Nevertheless, for the resident eligible for the benefits payable under the Act respecting parental insurance, the special leave shall terminate from the fourth (4th) week preceding the expected date of delivery.
PREVENTIVE REMOVAL: ALLOWANCE
During the special leave provided for in this article, the allowance payable to the resident is subject to the provisions of the Act respecting industrial accidents and occupational diseases relative to the preventive removal of a pregnant or breastfeeding worker
ADVANCE ON CNESST ALLOWANCE
Upon written request to that effect, however, the establishment shall pay the resident an advance on the allowance payable on the basis of anticipated payments. If the Commission des normes, de l’équité, de la santé et de la sécurité au travail (CNESST) pays the anticipated allowance, the amount advanced shall be refunded from the monies received. Otherwise, the advance
shall be repaid in instalments of ten percent (10%) of the amount paid per pay period until the debt has been discharged.
Nevertheless, in the event the resident exercises her right to request a review of the CNESST’s decision or to contest that decision before the Tribunal administratif du travail (TAT), the repayment shall not be demanded before the CNESST’s administrative review decision or, where applicable, the decision by the TAT is handed down.
Interpretation
If your work involves potential or real dangers for your own or your unborn child’s health, you may ask your program director and the establishment—normally the Teaching Office or its equivalent— for a change in rotation or for accommodations. To do so, you must submit a medical certificate. If your request is denied, you may apply to the CNESST for special leave (preventive removal).
For you to receive CNESST benefits, your attending physician must complete the certificate for preventive removal and assignment of a pregnant or breastfeeding worker (“Certificat visant le retrait préventif et l’affectation de la travailleuse enceinte ou qui allaite”).
On this certificate, your attending physician must define the working conditions which involve physical danger for you and the unborn child. He must also set the date on which this leave begins to apply.
Your attending physician will also have to consult your establishment’s health service physician in order to validate the preventive removal application. This will all have to be approved by the CNESST.
If your request is accepted, you will then be on preventive removal at home until the establishment can make the necessary adjustments to your rotation, or find you another one, or until the fourth week preceding the delivery date, when your maternity leave will begin. In that case, you will have to redo that portion of the rotation or rotations which you have not performed.
CNESST claim
It is your responsibility to make a CNESST benefit claim by submitting the above-mentioned preventive removal certificate to your employer and ensuring that your attending physician forwards the form to the CNESST. Here is an example of payment of benefits on preventive removal:
- the five working days following the preventive removal, you will receive your usual salary from the establishment;
- for the next 14 calendar days, the establishment will pay you 90% of your net salary (i.e., your gross salary, less deductions for income tax, pension plan and Employment Insurance); and
- subsequently, until you return to work or until the fourth week preceding the expected delivery date, the CNESST.
It is important to stress that the CNESST may deny your application. If that happens, please get in touch with the FMRQ as soon as you hear from the CNESST.
For further information on the “For a Safe Maternity Experience Program”, you may consult the following Website : www.csst.qc.ca/en/prevention/Pages/en_workers_safe_maternity.aspx.
BASIC REGULAR SCHEDULE
A pregnant resident’s basic regular schedule shall not exceed eight (8) hours per day, from Monday to Friday, with the exception of call duty.
WITHDRAWAL FROM CALL DUTY AND EVENING AND NIGHT SHIFT WORK
In the twenty (20) weeks prior to the expected date of delivery, the resident shall be entitled to exemption from call duty and to continue benefitting from the responsibility premium provided for in article 12.26. If the resident’s work is organized in shifts, she shall also be entitled on a weekly basis, from that moment, to two (2) consecutive days of leave; moreover, she is also entitled to exemption from any evening or night shifts, where applicable.
NOTICE
The resident shall notify the competent authorities, i.e., the faculty of medicine and the establishment, before ceasing to work evening or night shifts or her call duty.
Interpretation
From the start of your pregnancy, you must not work more than eight hours per day when you are not on call.
From the 20th week of pregnancy, you may demand to be relieved of your call duty, both at home and in an establishment. You will continue to receive your responsibility premiums for call duty and teaching during that period.
Pregnant residents working in the emergency room must be exempted from evening and night shifts from the 20th week of pregnancy. They must also have two straight days off per week. Note, however, that with the exception of the two weekends off, these days do not necessarily have to be a Saturday and a Sunday.
We remind you that you do not have to ask anyone for permission to be relieved of your call duty, but you must notify your program director and agree with him as to the details that will enable you to fulfil the objectives of the current rotation, as well as the establishment. Some academic regulations stipulate that you must also inform your University’s Associate Dean and your establishment’s Teaching Office.
In some cases, it is possible that your program director may, on academic grounds, require you to redo part or all of the call duty not performed during your pregnancy. This question is controversial, and should not arise, in the Federation’s view. Moreover, even if the university were to require the call duty to be redone, this must be done in compliance with article 12 of the collective agreement as to the maximum number and frequency of call duty periods per 28-day period.
OTHER SPECIAL LEAVE
SICK LEAVE
A female resident shall also be entitled to special leave in the following cases:
a) when a complication arises during pregnancy or danger of terminating the pregnancy requires her to stop working for a period of time specified in a medical certificate; this special leave may not, however, be extended beyond the fourth (4th) week preceding the expected date of delivery;
LEAVE FOR TERMINATION OF PREGNANCY
b) upon presentation of a medical certificate specifying the duration of the leave, when a spontaneous or therapeutic abortion takes place prior to the start of the twentieth (20th) week preceding the expected date of delivery;
LEAVE FOR VISIT TO A HEALTH PROFESSIONAL
c) in the case of pregnancy-related visits to a health professional, covered by a medical certificate or a written report signed by a midwife.
Interpretation
a) The first five days of special leave will be paid from your sick leave bank. From the sixth day, you will receive salary insurance benefits. You must specifically apply to the establishment for this special leave, otherwise you will be considered to be on authorized but unpaid leave. The sick leave will end the 4th week before the expected delivery date.
b) In that case, you will use your sick leave days as well as salary insurance. The duration of the special leave will be determined by your attending physician. You must specifically apply to the establishment for this special leave, otherwise you will be considered to be on authorized but unpaid leave.
c) See the comments following article 26.27.
VISIT TO A HEALTH PROFESSIONAL
In the case of the visits referred to in subparagraph c) of Article 26.26, the resident shall be eligible for special paid leave up to a maximum of four (4) days.
This special leave may be taken in half-days.
During the special leave granted under this section, the resident shall be eligible for the benefits provided for under article 26.18, provided she is normally entitled thereto, as well as under article 26.23 of Section II. The resident referred to in subparagraphs a), b) or c) of Article 26.26 shall also be entitled to sick leave or salary insurance benefits. In the case of subparagraph c), however, the resident shall first have used up the four (4) days provided for above.
Interpretation
For pregnancy-related visits to a health care professional, you may receive up to four days’ paid leave. This leave has no effect at all on your sick leave bank. Once this leave is exhausted, you may, as required, take your sick leave provided for in article 28.24 for visits to a health care professional.
SECTION IV – OTHER PARENTAL LEAVE
PATERNITY LEAVE
Interpretation
The table below summarizes the QPIP benefits you are entitled to. Note that the number of weeks’ parental leave indicated in this table is the maximum provided for by the QPIP. If your spouse uses weeks of parental benefits, these will have to be deducted from the number of weeks you are entitled to. In addition, the number of weeks of benefits will be determined on the basis of the type of plan chosen (basic or special) by the first of the two parents to have received benefits.
QPIP BASIC PLAN | ||
|---|---|---|
*The number of weeks’ parental leave available will be deducted from the number of weeks taken by the mother. | ||
Paternity leave (art. 26.28) | 1 week | 5 days paid at 100% by
employer, including premiums
and supplements |
Paternity leave (art. 26.29) | 5 weeks | 5 weeks’ QPIP paternity
benefits (70%) + employer’s allowance = 100% of usual salary, including premiums and supplements |
Maximum 7 weeks* | 7 weeks’ QPIP parental
benefits (70%) | |
Maximum 25 weeks* | 25 weeks’ QPIP parental
benefits (55%) | |
TOTAL | 38 weeks, of which 37 are paid by the QPIP | |
QPIP SPECIAL PLAN | ||
|---|---|---|
*The number of weeks’ parental leave available will be deducted from the number of weeks taken by the mother | ||
Paternity leave (art. 26.28) | 1 week | 5 days paid at 100% by
employer, including premiums
and supplements |
Paternity leave (5 weeks) (art. 26.29) | 3 weeks | 3 weeks’ QPIP paternity
benefits (75%) + employer’s allowance = 100% of usual salary, including premiums and supplements |
2 weeks | Unpaid paternity leave | |
Maximum 25 weeks* | 25 weeks’ QPIP parental
benefits (75%) | |
TOTAL | 29 weeks, of which 28 are paid by the QPIP, with possibility
of 2 weeks’ unpaid leave | |
PATERNITY LEAVE
A male resident shall be entitled to paid leave of a maximum duration of five (5) working days on the occasion of the birth of his child. The resident shall also be entitled to this leave in the event of pregnancy termination from the start of the twentieth (20th) week preceding the expected date of delivery. This leave may be discontinuous and shall be taken between the start of the delivery process and the fifteenth (15th) day after the mother or child goes home.
One of the five (5) days may be used for the child’s baptism or registration.
LEAVE FOR SAME SEX SPOUSE
A female resident whose spouse gives birth shall also be entitled to this leave if she is designated as being one of the child’s mothers.
Interpretation
If you wish to add vacation time to your paternity leave, make sure you clearly identify to your establishment the paternity leave days and the days on which you will be on vacation, since you are not entitled to paternity leave while you are on vacation.
If your spouse was unable to bring her pregnancy to term owing to a miscarriage or if she delivered a stillborn child, the establishment considers that, provided this occurred after 20 weeks of pregnancy, you are entitled to your paternity leave.
UNPAID PATERNITY LEAVE
On the occasion of the birth of his child, a male resident shall also be entitled to unpaid paternity leave of no more than five (5) weeks which, subject to articles 26.50 and 26.51, shall be consecutive. This leave shall terminate no later than the end of the fifty-second (52nd) week following the week of the child’s birth.
For the resident eligible for the Quebec Parental Insurance Plan, this leave shall be concurrent with the period of benefit payments made under the Act respecting parental insurance and shall begin no later than the week following the start of payment of parental insurance benefits.
LEAVE FOR SAME SEX SPOUSE
A female resident whose spouse gives birth shall be entitled to the abovementioned leave if she is designated as one of the child’s mothers.
Interpretation
During the paternity leave provided for in this article, the employer will pay you a benefit equal to the difference between the QPIP benefit and 100% of your salary, if you have completed 20 weeks’ service.
This leave is in addition to the five days’ leave provided for in article 26.28. Note that this leave has to be taken consecutively, except when you suspend your leave because your child is seriously ill or has been the victim of a criminal act.
The female resident spouse of the biological mother of the child is eligible for this leave, and will receive QPIP benefits and a supplement from the employer.
PATERNITY LEAVE ALLOWANCE
During the paternity leave provided for in article 26.29, the resident who has completed twenty (20) weeks of service shall receive a benefit equal to the difference between his basic weekly salary and the amount of benefits he receives or would receive, if he applied for it, under the Quebec Parental Insurance Plan or the Employment Insurance Plan.
The 2nd and 3rd paragraphs of article 26.14 or the 2nd and 3rd subparagraphs of paragraph b) of article 26.15, as applicable, shall apply to this clause, by making the necessary changes.
Interpretation
The resident must have worked a minimum of 20 weeks to be eligible for the employer’s allowances. Moreover, call responsibility premiums and teaching responsibility premiums will be taken into account in calculating the allowance paid by the employer.
The resident who is not eligible for paternity benefits under the Quebec Parental
Insurance Plan and to paternity benefits under the Employment Insurance Plan
shall receive, during the paternity leave provided for in article 26.29 a benefit equal to his basic weekly salary, if this resident has completed twenty (20) weeks of service.
Interpretation
If you are not eligible for the QPIP or the Employment Insurance Plan, the employer will pay you the
equivalent of your salary during your five weeks’ paternity leave set out in article 26.29, provided you have worked a minimum of 20 weeks.
VACATION DURING PATERNITY LEAVE
Paragraphs a) and b) of article 26.17 shall apply to the resident who receives the benefits provided for in Articles 26.30 or 26.31, by making the necessary changes.
ADOPTION LEAVE AND PRE-ADOPTION LEAVE
Interpretation
The table below summarizes the QPIP benefits you are entitled to. Note that the number of weeks’ parental leave indicated in this table is the maximum provided for by the QPIP. If your spouse uses weeks of parental benefits, these will have to be deducted from the number of weeks you are entitled to. In addition, the number of weeks of benefits will be determined on the basis of the type of plan chosen (basic or special) by the first of the two parents to have received benefits.
QPIP BASIC PLAN | ||
|---|---|---|
Adoption leave (art. 26.33) | 1 week | 5 days paid at 100% by
employer, including premiums
and supplements |
5 weeks | 5 weeks’ QPIP adoption
benefits (70%) + employer’s allowance = 100% of usual salary, including premiums and supplements | |
Maximum 7 weeks | 7 weeks’ QPIP adoption
benefits (70%) | |
Maximum 25 weeks | 25 weeks’ QPIP adoption
benefits (55%) | |
TOTAL | 38 weeks, of which 37 are paid by the QPIP | |
QPIP SPECIAL PLAN | ||
|---|---|---|
Adoption leave
(art. 26.33) | 1 week | 5 days paid at 100% by
employer, including premiums
and supplements |
5 weeks | 5 weeks’ QPIP adoption
benefits (75%) + employer’s allowance = 100% of usual salary, including premiums and supplements | |
Maximum 23 weeks | 23 weeks’ QPIP adoption
benefits (75%) | |
TOTAL | 29 weeks, of which 28 are paid by the QPIP | |
ADOPTION LEAVE
The resident shall be entitled to paid leave of a maximum of five (5) working days’ duration on the occasion of the adoption of a child other than his spouse’s child. This leave may be discontinuous, and may not be taken after the expiry of fifteen (15) days after the child goes home.
One of the five (5) days may be used for the baptism or registration.
Interpretation
This week of leave is added to the leave provided for in article 26.34 and is paid in full by your employer. Also, if you wish to add vacation to your adoption leave, make sure you indicate clearly to your establishment which days are adoption leave days, and on which days you will be on vacation, because you are not entitled to adoption leave while you are on vacation.
ADOPTION LEAVE DURATION
The resident who legally adopts a child other than his spouse’s child shall be entitled to adoption leave of a maximum duration of five (5) weeks which, subject to articles 26.50 and 26.51, shall be consecutive. This leave shall terminate no later than the end of the fifty-second (52nd) week following the week in which the child comes home.
For the resident eligible under the Quebec Parental Insurance Plan, this leave shall be concurrent with the benefit payment period under the Act respecting parental insurance and shall begin no later than the week following the start of payments of said benefits.
For the resident ineligible under the Quebec Parental Insurance Plan, the leave shall be taken after the child’s placement order or its equivalent with respect to an international adoption in accordance with the adoption regime or at another moment agreed upon with the establishment.
Interpretation
Eligibility for QPIP benefits begins no earlier than during the week in which the child arrives at a parent’s home with a view to its adoption.
Thus, the child’s arrival means the moment when the child is physically placed in its parents’ residence, and is not counted from the day when the adoption ruling is handed down. Also, the expression “with a view to its adoption” specifies that you must be in a position to demonstrate an intention to adopt.
For each type of adoption, the date on which QPIP benefit payments begin is:
Adoption in Quebec
- For special adoption (intrafamily): the date of filing in court of the motion for a placement order for the child with a view to its adoption.
- For adoption through the Banque-mixte program: the date on which the child is physically placed in the family.
- For regular adoption: the date on which the child is physically placed in the family.
- For adoption of the child already placed with you as a foster family: the date of filing in court of the motion for a placement order for the child with a view to its adoption.
Adoption outside Quebec
- The date on which the child, who has been physically entrusted to the adopting parents by the competent authority, arrived in Quebec.
We draw your attention to the fact that you have to have worked a minimum of 20 weeks to be eligible for the benefits paid by the employer. Also, the five-week leave for adoption does not apply when you adopt your spouse’s child.
ALLOWANCE FOR ADOPTION
During the adoption leave provided for in article 26.34, the resident who has completed twenty (20) weeks of service shall receive an allowance equal to the difference between his basic weekly salary and the Quebec Parental Insurance Plan or Employment Insurance Plan benefits he is receiving, or would receive if he applied for them.
The 2nd and 3rd paragraphs of article 26.14 or the 2nd and 3rd paragraphs of subparagraph b) of article 26.15, as the case may be, shall apply, by making the necessary changes.
Interpretation
When you take adoption leave, you will receive the QPIP or Employment Insurance benefit, as the case may be, and an employer’s allowance equivalent to the difference between the QPIP benefit and 100% of your salary, if you have worked a minimum of 20 weeks. You will also continue to receive your call and teaching responsibility premiums, so you will not notice any reduction in salary during that period.
The QPIP benefits will be determined on the basis of the type of plan chosen (basic or special) by the first of the two parents to have received benefits. Note, too, that adoption leave is divisible between the two adopting parents.
INELIGIBILITY FOR QPIP AND EMPLOYMENT INSURANCE
The resident ineligible for Quebec Parental Insurance Plan adoption benefits and Employment Insurance Plan parental benefits who adopts a child other than the child of his spouse shall receive, during the adoption leave provided for in article 26.34, an allowance equal to his basic weekly salary, if this resident has completed twenty (20) weeks of service.
Interpretation
If you are not eligible for QPIP or Employment Insurance benefits, the establishment will pay you, for five weeks, an allowance equal to 100% of your salary, if you have worked 20 weeks.
ADOPTION LEAVE: SPOUSE’S CHILD
The resident who adopts his spouse’s child shall be entitled to leave of a maximum duration of five (5) working days, of which only the first two (2) days shall be paid.
This leave may be discontinuous and may not be taken after the expiry of fifteen (15) days following submission of the application for adoption.
VACATION DURING PATERNITY OR ADOPTION LEAVE
Subparagraphs a) and b) of article 26.17 shall apply to the resident receiving the allowance provided for in article 26.35 or 26.36 by making
the necessary changes.
UNPAID LEAVE FOR ADOPTION OUTSIDE QUEBEC
The resident shall benefit, with a view to the adoption of a child, from unpaid leave of a maximum duration of ten (10) weeks from the effective date on which he takes custody of that child, except when said child is his spouse’s child.
The resident who travels outside Quebec with a view to an adoption, except in the case of his spouse’s child, shall receive to that end, upon written request to the establishment, if possible two (2) weeks in advance, unpaid leave for the time necessary for the travel.
Notwithstanding the provisions of the above paragraphs, the unpaid leave shall terminate no later than the week following the start of payment of Quebec Parental Insurance Plan or Employment Insurance Plan benefits, from which time the provisions of article 26.34 shall apply.
During the unpaid leave, the resident shall receive the benefits provided for in article 26.42.
Interpretation
You have the possibility of obtaining 10 weeks’ unpaid leave to enable you to travel to take custody of the child. This leave must precede adoption leave paid by the employer (article 26.33) or the QPIP (article 26.34) and will end no later than one week after you have received your QPIP benefits.
We draw your attention to the fact that this leave does not apply when you adopt your spouse’s child.
RETURN TO WORK
Upon returning to work following the expiry of his adoption leave, the resident shall resume his position assigned under the decree on the assignment of positions to residents and carry out his rotations in accordance with the training card issued by the Collège.
Interpretation
This article confirms that you have a residency position on your return from adoption leave.
UNPAID LEAVE AND PARTIAL UNPAID LEAVE
UNPAID LEAVE
a) The resident shall be entitled to one of the following types of leave:
- unpaid leave of a maximum duration of two (2) years immediately following the maternity leave provided for in article 26.06 ;
- unpaid leave of a maximum duration of two (2) years immediately following the paternity leave provided for in article 26.29. Nevertheless, the duration of the leave shall not extend beyond the one hundred and twenty-fifth (125th) week following the birth;
- unpaid leave of a maximum duration of two (2) years immediately following the adoption leave provided for in article 26.34. Nevertheless, the duration of the leave shall not extend beyond the one hundred and twenty-fifth (125th) week following the day at which the child goes home
PARTIAL UNPAID LEAVE
The resident who does not take this unpaid leave shall be entitled to partial unpaid leave established over a maximum period of two (2) years, provided he is so authorized in advance by the faculty of medicine. Nevertheless, the duration of the leave shall not extend beyond the 125th week following the birth or after the child goes home.
MODIFICATION TO UNPAID LEAVE
For the duration of this leave, the resident may, provided he is so authorized in advance by the faculty of medicine and following a written request submitted at least thirty (30) days in advance to the establishment, prevail himself once of one of the following modifications:
- from unpaid leave to partial unpaid leave or the converse, as applicable;
- from partial unpaid leave to a different partial unpaid leave.
Notwithstanding the foregoing, the resident may modify his unpaid leave or partial unpaid leave a second time provided he so informed the establishment in his first request for modification.
The resident who does not take his unpaid leave or partial unpaid leave may, for the portion of the leave which the spouse did not take, benefit at his choice from unpaid leave or partial unpaid leave by following the required formalities.
When the resident’s spouse is not a public sector employee, the resident may take leave provided for above at the time of his choosing within two (2) years following the birth or adoption, but may not exceed the timeframe established at two (2) years from the birth or adoption.
52 WEEKS’ UNPAID LEAVE
b) The resident who does not take the leave provided for in subparagraph a) may benefit, following the birth or adoption of his child, from unpaid leave of no more than fifty-two (52) continuous weeks that begins at the moment determined by the resident and ends no later than seventy (70) weeks after the birth or, in the case of an adoption, seventy (70) weeks after the child was entrusted to him.
Interpretation
Note first of all that this article provides for the possibility of choosing between two types of unpaid leave, for which the conditions differ.
Two years’ unpaid leave
You are entitled to unpaid leave immediately following maternity, paternity or adoption leave. This unpaid leave is for a maximum duration of two years, and may be split between the spouses, provided you are both residents. It is important to stress that the unpaid leave must directly follow the maternity, paternity or adoption leave.
Example: Following your maternity leave, you decide to take seven months’ unpaid leave. At the end of your seventh month, your spouse, also a resident, begins eight months’ unpaid leave. The total duration of unpaid leave taken by the child’s parents is 15 months. The conditions with respect to unpaid leave are met:
a) You take your unpaid leave directly after your maternity leave;
b) The second portion of the unpaid leave taken by your spouse directly follows your portion of the unpaid leave;
c) The unpaid leave is of no more than two years’ duration
Part-time leave
This article also gives access to partial unpaid leave, i.e., part-time work. But you must have authorization from your faculty of medicine to continue your residency program on a part-time basis. In fact, you must first reach an agreement with your program director and faculty of medicine (Associate Dean) on the arrangement of rotations. If you have an agreement with your program director and faculty of medicine, we advise you to make this agreement official by having it in writing.
Make sure the objectives of the rotations are determined before the part-time work begins, so as to avoid subsequent problems with your evaluations. The agreement reached with the university must also be accepted by the Collège. You must inform the establishment more than 30 days before you start this part-time work.
52 weeks’ unpaid leave
In lieu of taking two years’ unpaid leave immediately following maternity leave, you may choose to take unpaid leave of no more than 52 weeks, taken at the time of your choosing, within the 70-week period following the birth or adoption of the child. This leave must be continuous, and may not be split into two or more periods totalling 52 weeks. Nor may it be taken part-time. Like the two-year unpaid leave, this leave cannot be granted if your adopt your spouse’s child. In order to be granted, this leave must be applied for at least two weeks before the unpaid leave begins.
QPIP benefits during unpaid leave
Regardless of the type of unpaid leave chosen under this article, you may obtain a parental or adoption leave benefit, as applicable, through the QPIP. Here, too, two types of plans are in effect, and the choice of plan is determined by the first of the two parents to receive benefits, generally for maternity or paternity leave. Note that this choice cannot subsequently be changed. Parental leave benefits and adoption leave benefits may be taken in full by one of the spouses, or be divided between them. In addition, the child’s other parent could also decide to take part of the parental leave benefit during the mother’s maternity leave.
Interpretation
Maternity leave
QPIP BASIC PLAN | ||
|---|---|---|
Maternity leave (21 weeks) (art. 26.06 and seq.) | Weeks 1 to 18 | 18 weeks’ QPIP maternity
benefits (70%) + employer’s allowance = 95% of usual salary, including premiums and supplements |
Weeks 19 to 21 | 3 weeks’ QPIP parental
benefits (70%) + employer’s allowance = 95% of usual salary, including premiums and supplements | |
Weeks 22 to 25 | 4 weeks’ QPIP parental
benefits (70%) | |
Weeks 26 to 50 | 25 weeks’ QPIP parental
benefits (55%) | |
TOTAL | 50 weeks | (21 weeks x 95%) + (4 weeks x 70%) + (25 weeks x 55%) = average of 72.4% of your regular income over a 50-week period |
QPIP SPECIAL PLAN | ||
|---|---|---|
Maternity leave (21 weeks) (art. 26.06 and seq.) | Weeks 1 to 15 | 15 weeks’ QPIP maternity
benefits (75%) + employer’s allowance = 95% of usual salary, including premiums and supplements |
Weeks 16 to 21 | 6 weeks’ QPIP parental
benefits (75%) + employer’s allowance = 95% of usual salary, including premiums and supplements | |
Weeks 22 to 40 | 19 weeks’ QPIP parental
benefits (75%) | |
TOTAL | 40 weeks | (21 weeks x 95%) + (19 weeks x 75%) = average of 84.8% of your regular income over a 40-week period |
Interpretation
Paternity leave
QPIP BASIC PLAN | ||
|---|---|---|
*The number of weeks’ parental leave available will be deducted from the number of weeks taken by the mother. | ||
Paternity leave (art. 26.28) | 1 week | 5 days paid at 100% by
employer, including premiums
and supplements |
Paternity leave (art. 26.29) | 5 weeks | 5 weeks’ QPIP paternity
benefits (70%) + employer’s allowance = 100% of usual salary, including premiums and supplements |
Maximum 7 weeks* | 7 weeks’ QPIP parental
benefits (70%)
| |
Maximum 25 weeks* | 25 weeks’ QPIP parental
benefits (55%) | |
TOTAL | 38 weeks, of which 37 are paid by the QPIP | |
QPIP SPECIAL PLAN | ||
|---|---|---|
*The number of weeks’ parental leave available will be deducted from the number of weeks taken by the mother | ||
Paternity leave (art. 26.28) | 1 week | 5 days paid at 100% by
employer, including premiums
and supplements |
Paternity leave (5 weeks) (art. 26.29) | 3 weeks | 3 weeks’ QPIP paternity
benefits (75%) + employer’s allowance = 100% of usual salary, including premiums and supplements |
2 weeks | Unpaid paternity leave | |
Maximum 25 weeks* | 25 weeks’ QPIP parental
benefits (75%) | |
TOTAL | 29 weeks, of which 28 are paid by the QPIP, with possibility
of 2 weeks’ unpaid leave | |
Interpretation
Adoption leave
QPIP BASIC PLAN | ||
|---|---|---|
Adoption leave (art. 26.33) | 1 week | 5 days paid at 100% by
employer, including premiums
and supplements |
5 weeks | 5 weeks’ QPIP adoption
benefits (70%) + employer’s allowance = 100% of usual salary, including premiums and supplements | |
Maximum 7 weeks | 7 weeks’ QPIP adoption
benefits (70%) | |
Maximum 25 weeks | 25 weeks’ QPIP adoption
benefits (55%) | |
TOTAL | 38 weeks, of which 37 are paid by the QPIP | |
QPIP SPECIAL PLAN | ||
|---|---|---|
Adoption leave (art. 26.33) | 1 week | 5 days paid at 100% by
employer, including premiums
and supplements |
5 weeks | 5 weeks’ QPIP adoption
benefits (75%) + employer’s allowance = 100% of usual salary, including premiums and supplements | |
Maximum 23 weeks | 23 weeks’ QPIP adoption
benefits (75%) | |
TOTAL | 29 weeks, of which 28 are paid by the QPIP | |
PARTICIPATION IN INSURANCE PLANS DURING UNPAID LEAVE
During the unpaid leave provided for in article 26.41, the resident shall continue to participate in the drug insurance plan that is applicable to him by paying his share of the premiums for the fifty-two (52) weeks of the leave and the totality of the premiums for subsequent weeks. In addition, he may continue to participate in the optional insurance plans that are applicable to him by so requesting at the start of the leave and paying the totality of the premiums.
PROVISIONS DURING UNPAID LEAVE
The following procedures shall apply to unpaid leave:
VACATION
1. Annual leave: At the resident’s request, the establishment may pay the resident the benefit corresponding to the days of annual vacation accumulated upon the start date of his leave.
SICK LEAVE
2. Sick leave: leave accumulated at the start of the unpaid leave shall be credited to the resident, and may not be converted to monetary remuneration, except for those days paid each year under the salary insurance plan.
Interpretation
You may, at the end of your maternity leave and before your parental leave begins, decide to have yourself paid for your current year’s vacation. If, however, you have vacation carried forward from the previous year, that vacation may not be taken in monetary compensation.
VACATION DURING UNPAID LEAVE
The resident may take his deferred annual vacation immediately before his unpaid leave or partial unpaid leave, provided there is no interruption with his paternity leave, maternity leave or adoption leave, as applicable.
For the purposes of this article, statutory or mobile holidays accumulated prior to the start of the maternity leave, paternity leave or adoption leave are equivalent to deferred annual vacation.
Interpretation
Although the parental leave provided for in article 26.41 a) has to be taken directly after maternity leave, paternity leave or adoption leave, you may take your vacation and your accumulated statutory holidays before starting your parental leave.
RETURN TO RESIDENCY
Upon the expiry of this unpaid leave, the resident shall resume the position to which he was assigned under the decree on assigning positions to residents, and shall complete his rotations in accordance with the training card issued by the Collège.
Interpretation
This article guarantees you a residency position when you return from your unpaid leave.
UNPAID LEAVE FOR PARENTAL RESPONSIBILITIES
Upon submission of a supporting document, unpaid leave or partial unpaid leave of a maximum duration of one (1) year shall be granted to the resident whose minor child has emotional or social problems or is disabled or has a prolonged illness and whose condition requires the presence of the resident concerned. The terms and conditions concerning such leave shall be those provided for in articles 26.42, 26.48 and 26.49.
Interpretation
Unpaid leave for parental responsibility has to be requested at least three weeks before the leave begins.
You have to maintain your subscription to your group drug insurance plan, and thus pay your premiums during this unpaid leave. But the situation is different for the optional insurance plans (sickness, life, and supplementary), because you can choose whether to keep them or not. If you decide to maintain them, you must then pay both your own and the employer’s shares of the premiums.
MISCELLANEOUS PROVISIONS
ADVANCE NOTICE
For paternity and adoption leave:
- The leave provided for in articles 26.28 and 26.33 shall be preceded, as early as possible, by notice from the resident to his establishment;
- The leave contemplated in articles 26.29 and 26.34 shall be granted following advance written notice of at least three (3) weeks. This period may, however, be shorter if the birth takes place before its expected date.
The application shall indicate the expected date of expiry of the said leave.
The resident shall report to work on the expiry of his paternity leave provided for in article 26.29 or his adoption leave provided for in article 26.34, unless said leave is extended as set out in article 26.48.
The resident who does not comply with the previous subparagraph shall be deemed to be on unpaid leave for a period not exceeding four (4) weeks. At the end of this period, the resident who has not returned to work shall be presumed to have resigned.
Interpretation
The paternity leave and adoption leave of five days’ duration have to be requested from the establishment as early as possible, but there is no prescribed timeframe in the Agreement to that effect. On the other hand, the paternity leave and adoption leave of five weeks’ duration paid by the QPIP have to be requested at least three weeks before the leave begins, except when the birth takes place before the expected date.
Once the leave is over, you must return to work, failing which you will be deemed to be on unpaid leave for four weeks. Subsequently, if you have not expressed your wish to return to work, you will be presumed to have resigned from your residency position.
UNPAID LEAVE APPLICATION
The unpaid leave referred to in article 26.41 shall be granted following submission of a written request at least three (3) weeks in advance.
Partial unpaid leave shall be granted following submission of a written request at least thirty (30) days in advance.
In the case of unpaid leave or partial unpaid leave, the request shall specify the return date.
NOTICE OF EXPIRY OF UNPAID LEAVE
The resident to whom the establishment has sent four (4) weeks in advance notification indicating the expiry date of his unpaid leave shall provide advance notice of his return at least two (2) weeks prior to the expiry of the said leave. If the resident does not return to work on the scheduled return date, he shall be deemed to have resigned.
The resident who wishes to terminate his unpaid leave prior to the scheduled date shall give written notice of his intention at least twenty-one (21) days prior to his return. In the case of unpaid leave exceeding fifty-two (52) weeks, such advance notice shall be of at least thirty (30) days.
EXTENSION, SUSPENSION AND SPLITTING
SUSPENSION OF PATERNITY LEAVE OR ADOPTION LEAVE
When his child is hospitalized, the resident may suspend his paternity leave provided for in article 26.29 or his adoption leave provided for in article 26.34, upon agreement with the establishment, by returning to work for the duration of this hospitalization.
SPLITTING OF PATERNITY LEAVE OR ADOPTION LEAVE
At the resident’s request, the paternity leave provided for in article 26.29, adoption leave provided for in article 26.34 or full-time unpaid leave provided for in article 26.41 may be split into weeks prior to the expiry of the first fifty-two (52) weeks.
The leave may be split if the resident’s child is hospitalized or in a situation contemplated by Articles 79.1 and 79.8 to 79.12 of the Act respecting labour standards.
The maximum number of weeks during which the leave may be suspended shall be equal to the number of weeks that the child’s hospitalization lasts. For the other possibilities of splitting, the maximum number of weeks’ suspension shall be that set out in the Act respecting labour standards for such a situation.
During such a suspension, the resident shall be deemed to be on unpaid leave and shall receive no financial allowances or benefits from the employer; he shall, however, receive the benefits provided for in article 26.42 uring that period.
Interpretation
Paternity or adoption leave may be split in the event of illness, organ or tissue donation for transplant, or accident or criminal offence, as provided for in the Act respecting labour standards.
Upon resumption of the paternity leave or adoption leave suspended or split under articles 26.50 and 26.51, the establishment shall pay the resident the benefit to which he would have been entitled if he had not taken advantage of such suspension or splitting. The establishment shall pay the benefit for the number of weeks still to run under article 26.29 or 26.34, as applicable, subject to article 26.01.
EXTENSION OF PATERNITY LEAVE OR ADOPTION LEAVE
The resident who forwards to the establishment, before the date of termination of his paternity leave provided for in article 26.29 or his adoption leave provided for in article 26.34, a notice accompanied by a medical certificate attesting to the fact that his child’s state of health requires it, shall be entitled to an extension of his paternity leave or adoption leave. The duration of this extension shall be that indicated on the medical certificate.
During this extension, the resident shall be deemed to be on unpaid leave and shall receive no financial allowances or benefits from the establishment; he shall, however, receive the benefits provided for in article 26.42 durtin that period.
FRINGE BENEFITS
The resident who takes the paternity leave or adoption leave provided for in articles 26.28, 26.29, 26.33, 26.34 and 26.36 shall receive the benefits provided for in article 26.18, provided he is normally eligible for them, and in article 26.23 of Section II.
Interpretation
If you take paternity leave or adoption leave, you continue to receive the following benefits:
- Life insurance provided for in article 28.09 ;
- Medical drug insurance, paying your share;
- Accumulation of annual vacation;
- Accumulation of sick leave;
- Accumulation of conference days;
- Accumulation of study leave; and
- Your residency position is guaranteed when you return from leave.
BENEFIT DURING STRIKE
Any allowance or benefit contemplated under this article of which payment began prior to a strike shall continue to be paid during that strike.
In the event of amendments to the Quebec Parental Insurance Plan, the Employment Insurance Act or the Act respecting labour standards with regard to parental rights, the parties shall meet to discuss the potential implications of these amendments on the current parental rights plan.
INTERPRETATION AND OTHER COMMENTS ON PARENTAL RIGHTS
The Quebec government places quite comprehensive material at future and new parents’ disposal on all topics in any way related to pregnancy and the birth or adoption of a child, on the following Website: ww.quebec.ca/en/services-quebec/parent.
Deadlines and exam dates
Taking maternity or paternity leave involves extending the residency program by the length of the leave. If you are able to plan the dates of your parental leave, we suggest you also bear in mind the specific rules of the two Canadian colleges with respect to exam dates.
- For family medicine exams: You are eligible to sit the exam during the final six months of your training.
- For non-FM specialty exams: You must have completed all the rotations in the residency program, in accordance with the requirements of the Collège and the RCPSC, no later than February 28 to sit the exam the previous fall, and no later than December 31 to sit the exam the previous spring.
INTERPRETATION AND OTHER COMMENTS ON PARENTAL RIGHTS
Tuition fees during maternity, paternity, adoption or parental leave
Payment of tuition fees during maternity, paternity, adoption or parental leave varies from one university to another. Here are the procedures for each university as they stood at press time:
Laval University, McGill University and University of Sherbrooke
Tuition fees are calculated on a weekly basis, so you do not have to pay any tuition fees during your maternity, paternity, adoption or parental leave. You must, however, notify your faculty at least one month prior to the expected date of the maternity leave, so your bill can be adjusted accordingly.
University of Montreal
Tuition fees are calculated per academic period, so you do not have to pay any tuition fees during maternity, paternity, adoption or parental leave. Note, however, that if you work a single day in a period, you will have to pay tuition fees for that period. You should contact the office of the Associate Dean for Postgraduate Medical Education to advise them of the expected date of the leave.
Student loans
During your maternity leave or parental leave, you can defer repayment of your student loan contracted under the Quebec government’s loans and bursaries program for a period of 12 months for the mother (four months during pregnancy and eight months after the birth of the child) and eight months for the father.
To that end, you must complete the “Temporary interruption of studies – Deferral of student debt repayment” (Interruption temporaire des études – Report du remboursement de la dette d’études) form, available on the Website of the Quebec government’s student financial assistance office (www.afe.gouv.qc.ca) or from your University’s financial aid office.
You must have pursued your studies for at least one month during the six months preceding the event justifying your application. If you do not return to your studies during the month following the period of temporary interruption of your studies, the government financial aid office (Aide financière aux études) will consider you to have abandoned your studies at the end of that period. So you must forward to the financial aid office of the Ministry of Education and Higher Education (MEES) a form confirming that you have regained your student status. You will find this form at your University’s financial aid office.
Group insurance
If you have individual coverage with the La Capitale insurance company, you can have your plan changed to family coverage when your family expands.
If you already have family coverage, your child will be covered by your insurance plan. You must, however, notify La Capitale that a new dependant is to be added to your coverage. To that end, please contact La Capitale at 418 644-4200 or 1 800 463-4856.
In either case, you must inform the person responsible for insurance in your establishment’s Teaching Office so the correct amount of insurance premiums can be deducted from your paycheque.