In Quebec, Canada, is it legal to lay someone off during hospital leave?

My mother just got notification of being laid off today and has just started a stay in the hospital for mental health issues.

If you could please say whether this is legal or not, or if a severance could be received, please do so and leave me your sources.

It would be greatly appreciated.


So the bailiff supposedly claims "administrative reasons," and was decided today.

1 Answer

  • Anonymous
    7 years ago
    Favorite Answer

    Lay-off's in Quebec and pretty much everywhere in Canada are a way to get around the union and labor laws. They are a mire of complexity. Apply for workmen's compensation, or Unemployment Insurance immediately.

    Absences owing to sickness, accident or a criminal offence

    An employee who has three months of uninterrupted service may take up to 26 weeks of leave over a period of 12 months, due to sickness, an organ or tissue donation for transplant, or an accident other than an occupational injury. The employee must inform the employer of such absence, and the reasons for it, as soon as possible.

    Upon the return of such employees, the employer must reinstate them in their former positions, with all the rights to which they would have been entitled if they had continued to work. If any such position no longer exists when the employee concerned returns to work, the employer must recognize all the rights and privileges to which the employee would have been entitled if he or she had been at work at the time the position was closed.

    Employees may be absent from work for a period of not more than 104 weeks if they suffer serious bodily injury during or resulting directly from a criminal offence that renders them unable to hold their regular positions. In that case, the period of absence shall not begin before the date on which the criminal offence was committed, or before the expiry of the period provided for in the first paragraph, where applicable, and shall not end later than 104 weeks after the commission of the criminal offence.

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