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

Act current to 2014-03-16 and last amended on 2013-12-12. Previous Versions

Marginal note:Request for proof
  •  (1) Subject to subsection (2), if the employer requests proof that a leave of absence is taken under this Division, the employee shall provide the employer with the prescribed document, if any, or with a document that is approved by the Chief of the Defence Staff who was appointed under subsection 18(1) of the National Defence Act.

  • Marginal note:No prescribed or approved document

    (2) If no document is prescribed, or approved by the Chief of the Defence Staff, the employee shall, on request, provide the employer with a document from the employee’s commanding officer specifying that the employee is taking part in an operation or activity referred to in paragraphs 247.5(1)(a) to (g).

  • Marginal note:Timing

    (3) Unless there is a valid reason for not doing so, the employee shall provide the document referred to in subsection (1) or (2) within three weeks after the day on which the leave begins.

  • 2008, c. 15, s. 1.
Marginal note:Return to work postponed
  •  (1) If the employee does not notify the employer at least four weeks before the day on which the leave that is taken under this Division is to end, the employer may postpone the employee’s return to work for a period of up to four weeks after the day on which the employee informs the employer of the end date of the leave. If the employer informs the employee that their return to work is postponed, the employee is not entitled to return to work until the day that is indicated by the employer.

  • Marginal note:Subsection (1) does not apply

    (2) Subsection (1) does not apply if the employee notifies the employer in accordance with paragraph 247.6(1)(b) before the leave begins and if the length of the leave is not changed after the leave begins.

  • Marginal note:Deemed part of leave

    (3) The period of postponement referred to in subsection (1) is deemed to be part of the leave.

  • 2008, c. 15, s. 1.
Marginal note:Annual vacation

 Despite any term or condition of employment, an employee may postpone their annual vacation until after the day on which a leave of absence that is taken under this Division ends or the day on which a leave under section 206.1 ends, if that leave was interrupted by a leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

  • 2008, c. 15, s. 1;
  • 2012, c. 27, s. 12.
Marginal note:Continuous employment — benefits
  •  (1) For the purposes of calculating the benefits of an employee who takes a leave of absence under this Division, employment on the employee’s return to work is deemed to be continuous with their employment before the leave.

  • Marginal note:Seniority

    (2) The seniority of an employee who takes a leave of absence under this Division shall accumulate during the leave.

  • 2008, c. 15, s. 1.