Family and sick leave: what the law provides

By Mathieu Ouellet · Published November 7, 2026 · 8 min read

Parent in work clothes picking up a child at a school entrance on a winter afternoon

Your child has a fever at 6 a.m. and you are due on a painting job at 7. Do you have the right to stay home, and will you be paid? The Act respecting labour standards answers fairly precisely: you can be absent, your job is protected, but only two days a year are paid. Here are the absences the law provides, the proof your employer can ask for since 2025, and the limits of that protection.

The four absences protected by law

The Act respecting labour standards does not create "sick days" in the sense of a bank of paid days. It creates protected absences instead: you have the right not to show up, your employer cannot hold it against you, and your job is waiting when you come back. Pay is a separate question, covered in the next section.

Reason for the absence	Maximum length	Section
Your illness, an accident, an organ or tissue donation, domestic or sexual violence you have suffered	26 weeks over a 12-month period	79.1
Serious bodily injury caused by a criminal offence that prevents you from holding your job	Up to 104 weeks	79.1
Care, health or education of your child or your spouse's child; the health of a family member or of a person for whom you act as a caregiver	10 days per year	79.7
Your presence is required with a relative because of a serious illness or serious accident	16 weeks over 12 months (36 weeks if the person is a minor child)	79.8

"Family" is defined broadly: spouse, children, parents, brothers and sisters, grandparents, the same relatives of your spouse, and even a foster family or a person under your tutorship. For a person you care for as a caregiver, the situation must be attested by a health or social services professional.

Two clarifications. First, these are minimums: your contract or collective agreement can provide more, never less. Second, an injury or illness caused by work (an employment injury) does not fall under section 79.1: it follows the CNESST compensation system, which has its own rules.

The two paid days: who gets them and how much

Of the 10 days for family obligations, the first two taken in the year are paid, provided you have at least three months of continuous service. The same right applies to absences for your own illness. Watch out: your employer does not have to pay more than two days per year in total, whether you take them for your flu or your child's ear infection. It is not two plus two.

A paid day is calculated like statutory holiday pay: 1/20 of the wages earned during the four complete pay weeks before the week of the absence, excluding overtime. Two examples:

Situation	Wages for the last 4 weeks	Pay for one day
Residential cleaner, 35 hours a week at $16.60	140 h × $16.60 = $2,324.00	$2,324.00 ÷ 20 = $116.20
Snow removal operator with variable hours, overtime excluded	$3,200.00	$3,200.00 ÷ 20 = $160.00

Beyond those two days, the absence is protected but not paid by the employer, unless your contract says otherwise. For a longer leave, Employment Insurance sickness benefits, a federal program, can take over: up to 26 weeks, at 55% of earnings, up to a maximum of $729 a week according to Canada.ca. You need enough hours of insurable employment, and a medical certificate is required for these benefits.

Doctor's notes: what your employer can ask for since 2025

Since January 1, 2025, the law limits doctor's notes, for a simple reason: freeing up medical appointments. For a health-related absence, you must notify your employer as soon as possible and give the reason. Your employer can then ask for a document attesting to that reason if the circumstances justify it, for example because of the length or frequency of absences. But your employer cannot ask for it for the first three absences of no more than three consecutive days within a 12-month period.

For family obligations, the rule is even clearer: your employer can ask for a document if the circumstances justify it, notably given the length of the absence, but never a medical certificate.

Situation	Can your employer require a document?
Your 1st, 2nd or 3rd sick absence of three days or less in 12 months	No
A 4th short sick absence within the same 12-month period	Yes, if the circumstances justify it
A two-week sick leave	Yes, if the circumstances justify it
A day off to care for your sick child	A document can be requested if justified, but not a medical certificate

For a family-obligation day, the law also asks you to take reasonable steps to limit how often and how long you are away. In practice: give notice as soon as you know, and come back as soon as the situation allows.

Your job is protected: returning to work and insurance

At the end of an absence for illness or accident, your employer must reinstate you in your regular position, with the same benefits, including the wages you would have earned had you stayed at work. If your position was eliminated while you were away, you keep the rights you would have had if it had been eliminated while you were working. During the absence, your participation in group insurance and the pension plan continues, provided you pay your share of the contributions; your employer pays its share.

There is one limit. An employer may dismiss, suspend or transfer an employee if the consequences of the illness or the repeated nature of the absences amount to good and sufficient cause. That is a question of fact, decided case by case: if you are in that situation, consult the CNESST before signing anything.

Finally, section 122 prohibits dismissing, suspending, transferring or penalizing an employee for exercising a right under the Act. It also protects an employee who refuses to work beyond regular hours because of family obligations, if they took reasonable steps to meet those obligations otherwise. A complaint about a prohibited practice must be filed with the CNESST within 45 days. The other basic rules are summarized in Labour standards in 10 points for the service trades.

Three common situations in the service trades

1. Two months on the job and a sick child

A residential cleaner hired two months ago misses two days to care for her feverish son. The absence is allowed: it is part of the 10 days for family obligations. But it is not paid, since three months of continuous service are needed for the two paid days.

2. A three-day flu in January

A snow removal operator with one year of seniority misses three days. It is his first short absence of the year: no doctor's note can be required. If he has not used his two paid days yet, the first two are paid and the third is not.

3. A parent seriously injured

A landscaping labourer's mother is hospitalized after a serious accident. He can take up to 16 weeks over 12 months, if a health or social services professional attests to the situation. The absence is not paid by the employer, but his job is protected.

And if you work for yourself? None of these rules apply: a self-employed worker is not an employee under the Act. Before choosing a status, read Employee or self-employed? The criteria that matter in Quebec. The difference shows up precisely on the day you get sick.

For employers: planning for absences

A small service business feels every unplanned absence: a two-person cleaning crew down to one means a house that will not get done. The law does not let you refuse the absence, but nothing stops you from getting organized. Keep a simple record of absences and paid days (two in total per year per person), remove any automatic request for a doctor's note from your forms, and explain the rules at hiring. Good onboarding practices are covered in Onboarding a new employee: the first 30 days plan.

To replace someone quickly, the GPP Emploi profile bank can be filtered by trade, region and "available now": these are workers who have signalled they can start right away, and they stay at the top of lists for 48 hours. Posting a job is free; you only pay when a contact is accepted. Everything is explained on the employers page.

For workers looking for an employer that states its conditions clearly, browse the job postings or create your free profile in about 3 minutes, no résumé needed.

In short

The law protects your job during an absence for illness or accident (up to 26 weeks over 12 months) and for family obligations (10 days per year).
Two days per year in total are paid, after three months of continuous service, at 1/20 of the wages of the last four weeks.
Since 2025, no doctor's note can be required for your first three sick absences of three days or less in 12 months, and never a medical certificate for a family absence.
When you return, you get your regular position and benefits back; a penalty for exercising these rights can be the subject of a CNESST complaint within 45 days.
Self-employed workers are not entitled to these protected absences: their safety net is their own planning.

Frequently asked questions

How many paid sick days are there in Quebec?

The Act respecting labour standards provides two paid days per year, shared between absences for illness and for family obligations. You need three months of continuous service. Your contract or collective agreement can provide more.

Can my employer require a doctor's note in Quebec?

Not for your first three sick absences of no more than three consecutive days within 12 months. After that, your employer can ask for a document attesting to the reason if the circumstances justify it. For a family absence, your employer can never require a medical certificate.

How long can you be on sick leave in Quebec without losing your job?

Up to 26 weeks over a 12-month period, and up to 104 weeks for serious bodily injury caused by a criminal offence. When you return, your employer must reinstate you in your regular position with the same benefits.

Is a day off for a sick child paid in Quebec?

The first two days taken in the year are paid if you have three months of continuous service, but they are the same two days as for your own illness. The other days, up to 10 per year, are allowed but not paid by the employer.

Are self-employed workers entitled to sick leave?

No. These protected absences apply to employees. Self-employed workers must plan their own reserve or insurance; what matters is how the work is really organized, not just the title on the contract.