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

Act current to 2017-11-06 and last amended on 2017-06-22. Previous Versions

Parental Leave

Marginal note:Entitlement to leave
  •  (1) Subject to subsections (2) and (3), every employee who has completed six consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to thirty-seven weeks to care for a new-born child of the employee or a child who is in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides.

  • Marginal note:Period when leave may be taken

    (2) The leave of absence may only be taken during the fifty-two week period beginning

    • (a) in the case of a new-born child of the employee, at the option of the employee, on the day the child is born or comes into the actual care of the employee; and

    • (b) in the case of an adoption, on the day the child comes into the actual care of the employee.

  • Marginal note:Extension of period

    (2.1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5, is absent due to a reason referred to in subsection 239(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

  • Marginal note:Extension of period — child in hospital

    (2.2) If the child referred to in subsection (1) is hospitalized during the period referred to in subsection (2), the period is extended by the number of weeks during which the child is hospitalized.

  • Marginal note:Limitation

    (2.3) An extension under subsection (2.1) or (2.2) must not result in the period being longer than 104 weeks.

  • Marginal note:Interruption

    (2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5, to be absent due to a reason referred to in subsection 239(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

  • Marginal note:Resumption

    (2.5) The leave referred to in subsection (1) resumes immediately after the interruption ends.

  • Marginal note:Aggregate leave — two employees

    (3) The aggregate amount of leave that may be taken by two employees under this section in respect of the same birth or adoption shall not exceed thirty-seven weeks.

  • Marginal note:Exception — sick leave

    (4) Except to the extent that it is inconsistent with subsection 239(1.1), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239(1).

  • Marginal note:Exception — work-related illness or injury

    (5) Except to the extent that it is inconsistent with subsections 239.1(3) and (4), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239.1(1).

  • Marginal note:Exception — member of reserve force

    (6) Despite section 209.1, sections 247.93 to 247.95 apply to an employee who interrupted the leave referred to in subsection (1) in order to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

  • 1993, c. 42, s. 26;
  • 2000, c. 14, s. 42;
  • 2002, c. 9, s. 17;
  • 2012, c. 27, s. 4.
Marginal note:Aggregate leave — maternity and parental

 The aggregate amount of leave that may be taken by one or two employees under sections 206 and 206.1 in respect of the same birth shall not exceed fifty-two weeks.

  • 2000, c. 14, s. 42.

Compassionate Care Leave

Marginal note:Definitions
  •  (1) The following definitions apply in this section.

    common-law partner

    conjoint de fait

    common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

    family member

    membre de la famille

    family member, in relation to an employee, means

    • (a) a spouse or common-law partner of the employee;

    • (b) a child of the employee or a child of the employee’s spouse or common-law partner;

    • (c) a parent of the employee or a spouse or common-law partner of the parent; and

    • (d) any other person who is a member of a class of persons prescribed for the purposes of this definition or the definition family member in subsection 23.1(1) or 152.01(1) of the Employment Insurance Act. (membre de la famille)

    qualified medical practitioner

    médecin qualifié

    qualified medical practitioner means a person who is entitled to practise medicine under the laws of a jurisdiction in which care or treatment of the family member is provided and includes a member of a class of medical practitioners prescribed for the purposes of subsection 23.1(3) or 152.06(2) of the Employment Insurance Act. (médecin qualifié)

    week

    semaine

    week means the period between midnight on Saturday and midnight on the immediately following Saturday. (semaine)

  • Marginal note:Entitlement to leave

    (2) Subject to subsections (3) to (8), every employee is entitled to and shall be granted a leave of absence from employment of up to 28 weeks to provide care or support to a family member of the employee if a qualified medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from

    • (a) the day the certificate is issued; or

    • (b) if the leave was commenced before the certificate was issued, the day the leave was commenced.

  • Marginal note:Period when leave may be taken

    (3) The leave of absence may only be taken during the period

    • (a) that starts with

      • (i) the first day of the week in which the certificate is issued, or

      • (ii) if the leave was commenced before the certificate was issued, the first day of the week in which the leave was commenced if the certificate is valid from any day in that week; and

    • (b) that ends with the last day of the week in which either of the following occurs, namely,

      • (i) the family member dies, or

      • (ii) the period of 52 weeks following the first day of the week referred to in paragraph (a) ends.

  • Marginal note:Certificate not necessary

    (3.1) For greater certainty, but subject to subsection (3), for leave under this section to be taken after the end of the period of 26 weeks set out in subsection (2), it is not necessary for a qualified medical practitioner to issue an additional certificate under that subsection.

  • Marginal note:Shorter period

    (4) If a shorter period is prescribed by regulation for the purposes of subsection 23.1(5) or 152.06(4) of the Employment Insurance Act,

    • (a) the certificate referred to in subsection (2) must state that the family member has a serious medical condition with a significant risk of death within that period; and

    • (b) that shorter period applies for the purposes of subparagraph (3)(b)(ii).

  • Marginal note:Expiry of shorter period

    (5) When a shorter period referred to in subsection (4) has expired in respect of a family member, no further leave may be taken under this section in respect of that family member until the minimum number of weeks prescribed for the purposes of subsection 12(4.3) or 152.14(7) of the Employment Insurance Act has elapsed.

  • (6) [Repealed, 2014, c. 20, s. 242]

  • Marginal note:Aggregate leave — more than one employee

    (7) The aggregate amount of leave that may be taken by two or more employees under this section in respect of the care or support of the same family member shall not exceed 28 weeks in the period referred to in subsection (3).

  • Marginal note:Copy of certificate

    (8) If requested in writing by the employer within 15 days after an employee’s return to work, the employee must provide the employer with a copy of the certificate referred to in subsection (2).

  • Marginal note:Application

    (9) The references in this section to provisions that are in Part VII.1 of the Employment Insurance Act apply only in relation to employees who are self-employed persons referred to in paragraph (b) of the definition self-employed person in subsection 152.01(1) of that Act.

  • 2003, c. 15, s. 27;
  • 2009, c. 33, s. 30;
  • 2014, c. 20, s. 242;
  • 2015, c. 36, s. 73.
 
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