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

Act current to 2017-09-27 and last amended on 2017-06-22. Previous Versions

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.
Marginal note:Application of section 189

 Section 189 applies for the purposes of this Division.

  • 2008, c. 15, s. 1.
Marginal note:Resumption of employment in same position
  •  (1) At the end of a leave of absence that is taken under this Division, the employer shall reinstate the employee in the position that the employee occupied on the day before the day on which the leave begins.

  • Marginal note:Comparable position

    (2) If for a valid reason an employer is not able to reinstate the employee in that position, they shall reinstate the employee in a comparable position with the same wages and benefits and in the same location.

  • 2008, c. 15, s. 1.
Marginal note:Not able to perform work

 Subject to the regulations, if an employee is not able to perform the functions of the position that they occupy before the leave begins — or those of a comparable position, with the same wages and benefits and in the same location — the employer may assign them to a position with different terms or conditions of employment.

  • 2008, c. 15, s. 1.
Marginal note:Wages or benefits affected by reorganization
  •  (1) If, during a leave of absence that is taken under this Division, the wages or benefits of the group of employees of which an employee is a member are changed as part of a plan to reorganize the industrial establishment in which that group is employed, the employee is entitled, on reinstatement under this section, to receive the wages and benefits in respect of that employment that that employee would have been entitled to receive had that employee been working when the reorganization took place.

  • Marginal note:Notice of change in wages or benefits

    (2) The employer of an employee who is on leave and whose wages or benefits would be changed as a result of the reorganization shall, as soon as practicable, send a notice to the employee at their last known address.

  • 2008, c. 15, s. 1.
Marginal note:Prohibition — employee
  •  (1) No employer may dismiss, suspend, lay off, demote or discipline an employee because they are a member of the reserve force or intend to take or have taken a leave of absence under this Division or take into account the fact that an employee is a member of the reserve force or intends to take or has taken a leave of absence under this Division in a decision to promote or train them.

  • Marginal note:Prohibition — future employee

    (2) No person may refuse to employ a person because they are a member of the reserve force.

  • 2008, c. 15, s. 1.
Marginal note:Regulations

 The Governor in Council may make regulations for carrying out the purposes of this Division and, without restricting the generality of the foregoing, may make regulations

  • (a) specifying the absences that are deemed not to interrupt continuity of employment for the purpose of subsection 247.5(1);

  • (b) specifying what constitutes or does not constitute an operation for the purposes of paragraph 247.5(1)(a);

  • (c) setting out the activities for the purposes of paragraph 247.5(1)(b);

  • (d) defining “annual training” for the purposes of paragraph 247.5(1)(c);

  • (e) limiting the duration of the treatment, recovery or rehabilitation referred to in paragraph 247.5(1)(g) or setting out the terms or conditions for the application of that paragraph;

  • (f) specifying what constitutes or does not constitute undue hardship for the purposes of subsection 247.5(4);

  • (g) specifying what constitutes or does not constitute a valid reason for the purposes of subsection 247.6(1), (2), (3) or (4), 247.7(3) or 247.93(2);

  • (h) specifying the circumstances in which section 247.7, subsection 247.8(1), section 247.9 or subsection 247.91(2) do not apply;

  • (i) specifying the circumstances in which an employer may not assign an employee to a position with different terms or conditions of employment for the purposes of section 247.94;

  • (j) prescribing the maximum duration of a leave of absence that may be taken under this Division;

  • (k) specifying the maximum number of leaves of absence — or the maximum duration of leave — that may be taken under this Division within a given period;

  • (l) prescribing the classes of employees that are not entitled to a leave of absence under this Division if the Governor in Council is satisfied that the fact of taking leave would cause unreasonable consequences; and

  • (m) prescribing the circumstances in which classes of employees are not entitled to a leave of absence under this Division.

  • 2008, c. 15, s. 1.

DIVISION XV.3Genetic Testing

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

    disclose

    disclose includes to authorize disclosure. (communiquer)

    genetic test

    genetic test, in relation to an employee, means a test that analyzes the employee’s DNA, RNA or chromosomes for purposes such as the prediction of disease or vertical transmission risks, or monitoring, diagnosis or prognosis. (test génétique)

  • Marginal note:Genetic test

    (2) Every employee is entitled not to undergo or be required to undergo a genetic test.

  • Marginal note:Disclosure of results

    (3) Every employee is entitled not to disclose or be required to disclose the results of a genetic test.

  • Marginal note:Disciplinary action

    (4) No employer shall dismiss, suspend, lay off or demote an employee, impose a financial or other penalty on an employee, or refuse to pay an employee remuneration in respect of any period that the employee would, but for the exercise of the employee’s rights under this Division, have worked, or take any disciplinary action against or threaten to take any such action against an employee

    • (a) because the employee refused a request by the employer to undergo a genetic test;

    • (b) because the employee refused to disclose the results of a genetic test; or

    • (c) on the basis of the results of a genetic test undergone by the employee.

  • Marginal note:Disclosure by third party

    (5) No person shall disclose to an employer that an employee has undergone a genetic test, or disclose to an employer the results of a genetic test, without the written consent of the employee.

  • Marginal note:Collection or use

    (6) No employer shall collect or use the results of a genetic test without the written consent of the employee who has undergone the test.

  • 2017, c. 3, s. 8.
Marginal note:Complaint to inspector
  •  (1) An employee who alleges that an employer has taken action against the employee in contravention of subsection 247.98(4) may make a complaint in writing to an inspector.

  • Marginal note:Time for making complaint

    (2) Subject to subsection (3), the complaint shall be made to the inspector not later than 90 days after the date on which the complainant knew, or in the inspector’s opinion ought to have known, of the action or circumstances giving rise to the complaint.

  • Marginal note:Extension of time

    (3) The Minister may extend the period of time referred to in subsection (2) if the Minister is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the employee making the complaint believed the official had that authority.

  • Marginal note:Inspector to assist parties

    (4) On receipt of a complaint made under subsection (1), an inspector shall endeavour to assist the parties to the complaint to settle the complaint or cause another inspector to do so.

  • Marginal note:Where complaint not settled within reasonable time

    (5) Where a complaint is not settled under subsection (4) within such period as the inspector endeavouring to assist the parties pursuant to that subsection considers to be reasonable in the circumstances, the inspector shall, on the written request of the employee who made the complaint that the complaint be referred to an adjudicator under subsection (6),

    • (a) report to the Minister that the endeavour to assist the parties to settle the complaint has not succeeded; and

    • (b) deliver to the Minister the complaint made under subsection (1) and any other statements or documents the inspector has that relate to the complaint.

  • Marginal note:Reference to adjudicator

    (6) The Minister may, on receipt of a report pursuant to subsection (5), appoint any person that the Minister considers appropriate as an adjudicator to hear and adjudicate on the complaint in respect of which the report was made, and refer the complaint to the adjudicator.

  • Marginal note:Decision of adjudicator

    (7) An adjudicator to whom a complaint has been referred under subsection (6) shall

    • (a) consider whether the employer has contravened subsection 247.98(4) and render a decision on it; and

    • (b) send a copy of the decision with the reasons for the decision to each party to the complaint and to the Minister.

  • Marginal note:Orders

    (8) If an adjudicator decides pursuant to subsection (7) that an employer has contravened subsection 247.98(4), the adjudicator may, by order, require the employer to cease contravening that subsection and may, if applicable, by order, require the employer to

    • (a) permit the employee to return to the duties of their employment;

    • (b) reinstate the former employee;

    • (c) pay to the employee or former employee compensation not exceeding the sum that, in the adjudicator’s opinion, is equivalent to the remuneration that would, but for the contravention, have been paid by the employer to the employee or former employee;

    • (d) rescind any disciplinary action taken in respect of the contravention and pay compensation to the employee, not exceeding the sum that, in the adjudicator’s opinion, is equivalent to any financial or other penalty imposed on the employee by the employer; and

    • (e) do any other like thing that it is equitable to require the employer to do in order to remedy or counteract any consequences of the contravention.

  • Marginal note:Application of provisions

    (9) Subsection 242(2) applies to a complaint that has been referred to an adjudicator under subsection (6), sections 243 and 244 apply to an order of an adjudicator under subsection (8), and subsection 246(1) applies to an employee who makes a complaint under subsection (1), with any necessary modifications.

  • 2017, c. 3, s. 8.
 
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