The application for the second parental leave must be submitted to the employer by registered letter with acknowledgement of receipt at least four months before the start of the parental leave.
The employer is obliged to grant the second full-time parental leave requested.
The employer may refuse the leave if the application has not been made in due form and timeframe (except in the case of the mother's death before the expiry of the maternity leave or in the case of the death of the parent benefiting from the first parental leave before its expiry).
The employer may also request a rescheduling of the second parental leave for the following reasons:
- Where a significant proportion of a company or company department requests parental leave at the same time and the organisation of work would be seriously disrupted as a result;
- Where the replacement of the person on leave cannot be arranged during the relevant period because of the specificity of the work performed by the applicant or because of a shortage of labour in the relevant industry;
- Where the work is seasonal in nature and the claim is for a period within a seasonal period;
- Where the employee is a senior manager who participates in the effective management of the company;
- Where the company regularly employs fewer than 15 employees with an employment contract.
N.B. To qualify for the parental leave allowance, the parent must submit an application for parental leave allowance to the CAE. The application must be duly certified by the employer.