Canada Labour Code (R.S.C., 1985, c. L-2)

Act current to 2014-11-11 and last amended on 2014-11-01. Previous Versions

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) specifying the absences from employment that are deemed not to have interrupted continuous employment referred to in sections 206, 206.1, 206.4 and 206.5;

  • (a.1) prescribing classes of persons for the purposes of paragraph (d) of the definition “family member” in subsection 206.3(1);

  • (a.2) prescribing the maximum number of periods of leave of absence that an employee may take under any of sections 206.3 to 206.5;

  • (b) specifying what does, or does not, constitute an essential function of a job referred to in section 208;

  • (c) specifying what does not constitute a valid reason for not reinstating an employee in the position referred to in subsection 209.1(2);

  • (d) enlarging the meaning of “critically ill child” in subsection 206.4(1) and prescribing other persons to be included in the meanings of “parent” and “specialist medical doctor” in that subsection;

  • (e) defining or determining what constitutes a same event in subsections 206.4(5) and (6);

  • (f) prescribing offences to be excluded from the definition of “crime” in subsection 206.5(1) and prescribing other persons to be included in the definition of “parent” in that subsection;

  • (g) prescribing periods of consecutive months of continuous employment that are shorter than six months for the purposes of subsections 206.4(2) and 206.5(2) and (3);

  • (h) prescribing cases, other than those set out in subsection 206.5(4), in which an employee is not entitled to a leave of absence and cases in which an employee is entitled to a leave of absence even if they are charged with the crime;

  • (i) prescribing documentation that the employer may require under subsection 207.3(4);

  • (j) specifying the circumstances in which a leave under this Division may be interrupted; and

  • (k) extending the period within which a leave under this Division may be taken.

  • R.S., 1985, c. 9 (1st Supp.), s. 10;
  • 1993, c. 42, s. 31;
  • 2003, c. 15, s. 29;
  • 2012, c. 27, s. 10;
  • 2014, c. 20, s. 246.
Marginal note:Application of section 189

 Section 189 applies for the purposes of this Division.

  • R.S., 1985, c. 9 (1st Supp.), s. 10.

Division VIIIBereavement Leave

Marginal note:Employee entitled
  •  (1) Every employee is entitled to and shall be granted, in the event of the death of a member of his immediate family, bereavement leave on any of his normal working days that occur during the three days immediately following the day of the death.

  • Marginal note:Bereavement leave with pay

    (2) Every employee who has completed three consecutive months of continuous employment by an employer and is entitled to bereavement leave under subsection (1) is entitled to such leave with pay at his regular rate of wages for his normal hours of work, and such pay shall for all purposes be deemed to be wages.

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations

    • (a) defining the expression “immediate family” for the purposes of subsection (1);

    • (b) defining the expressions “regular rate of wages” and “normal hours of work” for the purposes of subsection (2); and

    • (c) for the purposes of this Division, defining the absences from employment that shall be deemed not to have interrupted continuity of employment.

  • Marginal note:Application of section 189

    (4) Section 189 applies for the purposes of this Division.

  • 1977-78, c. 27, s. 20;
  • 1980-81-82-83, c. 47, s. 27.