Am I entitled to paid days off work for illness or family obligations?

General information, not legal advice. According to the CNESST, a worker can be absent from work 10 days per year for obligations relating to the care, health or education of their child, or the health of a family member or a person for whom they act as an informal caregiver. In case of illness or an accident not related to work, the job link is protected for up to 26 weeks per 12-month period. If you have been working for your employer for at least 3 months, the first 2 days of absence for these reasons are paid (2 paid days in total per calendar year); the rest of the absence is unpaid. Your specific situation (type of job, collective agreement, insurance) can change things.

Key facts

Short absences (family)

10 days per year for obligations relating to the care, health or education of your child (or your spouse's child), or the health of a family member or a person you are an informal caregiver for. Can be divided into half-days or hours if the employer authorizes it.

Paid days

2 paid days in total per calendar year (January 1 to December 31), after at least 3 months of service. They cannot be carried over to the next year or replaced by an indemnity, nor be used for personal reasons.

Illness or accident not related to work

Job link protected for up to 26 weeks per 12-month period. Absence is unpaid, except for the first 2 days, which are paid if they have not already been used for other reasons during the year. Dividing the paid days in case of illness or accident is not provided for by law (the employer may nevertheless authorize it).

Income during an unpaid absence

Depending on the situation, the worker could turn to a group or private insurance plan to receive income replacement benefits.

Longer absences (seriously ill relative)

Up to 16 weeks over a 12-month period (serious accident or serious illness of a family member or a person you are an informal caregiver for). Up to 27 weeks if the illness is potentially fatal. Up to 36 weeks if your minor child is seriously ill or the victim of a serious accident. Up to 104 weeks in total if your minor child has a serious, potentially fatal illness certified by a medical certificate.

Steps

1. Tell your employer as soon as possible. In case of illness or an accident, give the reason for your absence. For a family obligation, take reasonable steps to limit the length of the absence.
2. For a short absence related to your family, you can be absent 10 days per year. These days can be divided into half-days or hours only if your employer authorizes it.
3. For illness or an accident not related to work, your job link is protected for up to 26 weeks per 12-month period. The absence is unpaid, except for the first 2 days (see below).
4. Check whether you are entitled to the paid days: you must have been with your employer for at least 3 months. You are entitled to a total of 2 paid days per calendar year, for one of the listed reasons (illness, family obligations, informal caregiver, organ or tissue donation, domestic or sexual violence or a criminal offence).
5. Medical note: it is not mandatory, but your employer can ask for a document if the circumstances justify it. For the first 3 absence periods of 3 days in a row or less per 12-month period, the employer cannot require an official document such as a medical note. For a family obligation, the employer cannot require a medical note.
6. To estimate your pay for the paid days, the CNESST states that the calculation is done the same way as the statutory holiday indemnity (whether you work full time, part time or on commission). It offers the monCalcul tool.
7. If a family member (or a person you are an informal caregiver for) has a serious illness or accident, longer absences are provided for (see the information below).
8. If your illness or accident is related to work, other provisions apply: check with the CNESST.

General information drawn from official sources. It does not replace legal, medical or financial advice. For your situation, contact the organization concerned or a professional.