Employers will thereon be required to grant a leave without pay
to employees who undergo an organ or tissue donation upon the same
conditions as those applicable to sick leave under the Act.
To benefit from this leave, an employee must however:
be credited with three months of uninterrupted service;
notify his employer as soon as possible of his absence and the
reason for the absence; and
when circumstances warrant, provide a medical certificate or
any other document attesting the reason for his absence.
The leave provided in the Act is without pay and for a length of
no more than twenty-six (26) weeks within a twelve (12) month
During the leave of absence, the employer must maintain the
participation of the employee in the group insurance and pension
plans recognized at his workplace and continue to pay its usual
share of the contributions payable under those plans.
The employer is further required to reinstate the employee in
his former position upon the end of his leave of absence, with the
same benefits including the wages to which the employee would have
been entitled had he remained at work.
In conclusion, it is expected that the changes brought about by
Bill 125 should in principle affect only a small number of
employers because generally, the number of organ donors
in Québec is a little more than one hundred (100)
individuals per year.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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