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

Act current to 2014-09-01 and last amended on 2014-07-01. Previous Versions

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.
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.