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

Act current to 2014-06-12 and last amended on 2014-04-01. Previous Versions

Division XV.2Leave of Absence for Members of the Reserve Force

Marginal note:Entitlement to leave
  •  (1) An employee who is a member of the reserve force and has completed six consecutive months of continuous employment with an employer — or a shorter period that is prescribed for a class of employees to which the employee belongs — is entitled to a leave of absence from employment to take part in the following operations or activities:

    • (a) an operation in Canada or abroad — including preparation, training, rest or travel from or to the employee’s residence — that is designated by the Minister of National Defence;

    • (b) an activity set out in the regulations;

    • (c) annual training for the prescribed period or, if no period is prescribed, for a period of up to 15 days;

    • (d) training that they are ordered to take under paragraph 33(2)(a) of the National Defence Act;

    • (e) duties that they are called out on service to perform under paragraph 33(2)(b) of the National Defence Act;

    • (f) service in aid of a civil power for which they are called out under section 275 of the National Defence Act; or

    • (g) treatment, recovery or rehabilitation in respect of a physical or mental health problem that results from service in an operation or activity referred to in this subsection.

  • Marginal note:Designation and delegation

    (2) The Minister of National Defence may, in consultation with the Minister, designate an operation for the purposes of paragraph (1)(a) and may authorize another person to do so.

  • Marginal note:Effect

    (3) A designation takes effect on the day on which it is made or on an earlier or later day that is fixed by the Minister of National Defence or the other person. The Minister of National Defence or the other person may fix the day on which the designation ceases to be in effect.

  • Marginal note:Exception

    (4) Despite subsection (1), an employee is not entitled to a leave of absence under this Division if, in the opinion of the Minister, it would adversely affect public health or safety or would cause undue hardship to the employer if the employee, as an individual or as a member of a class of employees, were to take leave.

  • 2008, c. 15, s. 1.
Marginal note:Notice to employer
  •  (1) An employee who takes a leave of absence under this Division shall

    • (a) unless there is a valid reason for not doing so, give at least four weeks’ notice to the employer before the day on which the leave is to begin; and

    • (b) inform the employer of the length of the leave.

  • Marginal note:If there is a valid reason

    (2) If there is a valid reason for not providing notice in accordance with paragraph (1)(a), the employee shall notify the employer as soon as practicable that the employee is taking a leave of absence.

  • Marginal note:Change in length of leave

    (3) Unless there is a valid reason for not doing so, an employee who takes a leave of absence under this Division shall notify the employer of any change in the length of the leave at least four weeks before

    • (a) the new day on which the leave is to end, if the employee is taking a shorter leave; or

    • (b) the day that was most recently indicated for the leave to end, if the employee is taking a longer leave.

  • Marginal note:In writing

    (4) Unless there is a valid reason for not doing so, any notice or other information to be provided by the employee to the employer under this section is to be in writing.

  • 2008, c. 15, s. 1.