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

Full Document:  

Act current to 2022-01-12 and last amended on 2021-12-29. Previous Versions

PART IIIStandard Hours, Wages, Vacations and Holidays (continued)

DIVISION VIIMaternity-related Reassignment and Leave and Other Leaves (continued)

Leave Related to Critical Illness

Marginal note:Definitions

  •  (1) For the purposes of this section, care, critically ill adult, critically ill child, family member and support have, subject to the regulations, the same meanings as in the regulations made under the Employment Insurance Act and week has the same meaning as in subsection 206.3(1).

  • Marginal note:Leave — 37 weeks

    (2) Every employee who is a family member of a critically ill child is entitled to and shall be granted a leave of absence from employment of up to 37 weeks in order to care for or support that child if a health care practitioner has issued a certificate that

    • (a) states that the child is a critically ill child and requires the care or support of one or more of their family members; and

    • (b) sets out the period during which the child requires that care or support.

  • Marginal note:Leave — 17 weeks

    (2.1) Every employee who is a family member of a critically ill adult is entitled to and shall be granted a leave of absence from employment of up to 17 weeks in order to care for or support that adult if a health care practitioner has issued a certificate that

    • (a) states that the adult is a critically ill adult and requires the care or support of one or more of their family members; and

    • (b) sets out the period during which the adult requires that care or support.

  • (3) [Repealed, 2018, c. 27, s. 469]

  • Marginal note:Period when leave may be taken  —  child

    (4) The period during which the employee may take a leave of absence

    • (a) begins on the first day of the week in which either of the following falls:

      • (i) the day on which the first certificate is issued in respect of the child or adult, as the case may be, that meets the requirements of subsection (2) or (2.1), or

      • (ii) if the leave begins before the day on which the certificate is issued, the day from which the health care practitioner certifies that the child or adult, as the case may be, is critically ill; and

    • (b) ends on the last day of the week in which either of the following occurs:

      • (i) the child or adult, as the case may be, dies, or

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

  • Marginal note:Aggregate leave — employees

    (5) The aggregate amount of leave that may be taken by employees under this section during the period referred to in subsection (4) must not exceed

    • (a) in respect of the same critically ill child, 37 weeks; or

    • (b) in respect of the same critically ill adult, 17 weeks.

  • Marginal note:Limitation

    (6) No leave may be taken by one or more employees under subsection (2.1) before the end of the period referred to in subsection (4) if leave was granted under subsection (2) in respect of the same person.

  • Marginal note:Limitation — section 206.3

    (7) No leave may be taken by one or more employees under section 206.3 before the end of the leave taken under subsection (2) or (2.1) in respect of the same person.

Leave Related to Death or Disappearance

Marginal note:Definitions

  •  (1) The following definitions apply in this section.

    child

    child means a person who is under 25 years of age. (enfant)

    crime

    crime means an offence under the Criminal Code, other than one that is excluded by the regulations. (crime)

    parent

    parent, with respect to a child, means

    • (a) a person who, in law, is a parent of the child;

    • (b) a person, other than a person referred to in paragraph (a), who, in law

      • (i) has custody of the child or, in Quebec, parental authority over the child,

      • (ii) is the guardian of the child or, in Quebec, the tutor or curator to the person of the child, or

      • (iii) has decision-making responsibility, as defined in subsection 2(1) of the Divorce Act, in respect of the child;

    • (c) a person with whom the child is placed for the purposes of adoption under the laws governing adoption in the province in which the person resides; or

    • (d) a person prescribed to be a parent by regulations made under paragraph 209.4(f). (parent)

  • Marginal note:Leave — 104 weeks

    (2) Every employee is entitled to and shall be granted a leave of absence from employment of up to 104 weeks if the employee is the parent of a child who has died and it is probable, considering the circumstances, that the child died as a result of a crime.

  • Marginal note:Leave  —  child who has disappeared

    (3) Every employee is entitled to and shall be granted a leave of absence from employment of up to 104 weeks if the employee is the parent of a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime.

  • Marginal note:Exception

    (4) An employee is not entitled to a leave of absence if

    • (a) the employee is charged with the crime; or

    • (b) in the case of an employee referred to in subsection (2), the child was 14 years of age or older at the time of the crime and it is probable, considering the circumstances, that the child was a party to the crime.

  • Marginal note:Period when leave may be taken

    (5) The period during which the employee may take a leave of absence

    • (a) begins on the day on which the death or disappearance, as the case may be, occurs; and

    • (b) ends 104 weeks after the day on which the death or disappearance, as the case may be, occurs.

  • Marginal note:Disappearance of child

    (6) Despite paragraph (5)(b), in the case of a child who disappears and who is subsequently found, the period referred to in subsection (5) ends

    • (a) on the 14th day after the day on which the child is found, if the child is found during the 104-week period, but no later than the end of the 104-week period; or

    • (b) 104 weeks after the day on which the disappearance occurs if subsection (2) applies to the child.

  • Marginal note:Clarification

    (7) For greater certainty, a leave under this section ends on the day on which the circumstances are such that it is no longer probable that the death or disappearance was the result of a crime.

  • Marginal note:Aggregate leave  —  employees

    (8) The aggregate amount of leave that may be taken by employees under this section in respect of the same death or disappearance of a child — or the same children who die or disappear as a result of the same event — must not exceed 104 weeks.

Personal Leave

Marginal note:Leave — five days

  •  (1) Every employee is entitled to and shall be granted a leave of absence from employment of up to five days in every calendar year for

    • (a) treating their illness or injury;

    • (b) carrying out responsibilities related to the health or care of any of their family members;

    • (c) carrying out responsibilities related to the education of any of their family members who are under 18 years of age;

    • (d) addressing any urgent matter concerning themselves or their family members;

    • (e) attending their citizenship ceremony under the Citizenship Act; and

    • (f) any other reason prescribed by regulation.

  • Marginal note:Leave with pay

    (2) If the employee has completed three consecutive months of continuous employment with the employer, the employee is entitled to the first three days of the leave with pay at their regular rate of wages for their normal hours of work, and such pay shall for all purposes be considered to be wages.

  • Marginal note:Division of leave

    (3) The leave of absence may be taken in one or more periods. The employer may require that each period of leave be of not less than one day’s duration.

  • Marginal note:Documentation

    (4) The employer may, in writing and no later than 15 days after an employee’s return to work, request that the employee provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.

  • Marginal note:Regulations

    (5) The Governor in Council may make regulations for the purposes of this section, including regulations

    • (a) setting out the other reasons for taking leave under paragraph (1)(f);

    • (b) defining the expressions “regular rate of wages” and “normal hours of work”; and

    • (c) specifying the persons who are the employee’s family members.

Leave for Victims of Family Violence

Marginal note:Definitions

  •  (1) The following definitions apply in subsection (2).

    child 

    child  means a person who is under 18 years of age. (enfant)

    parent

    parent has the same meaning as in subsection 206.5(1) but does not include a curator to the person. (parent)

  • Marginal note:Leave — 10 days

    (2) Every employee who is a victim of family violence or who is the parent of a child who is a victim of family violence is entitled to and shall be granted a leave of absence from employment of up to 10 days in every calendar year, in order to enable the employee, in respect of such violence,

    • (a) to seek medical attention for themselves or their child in respect of a physical or psychological injury or disability;

    • (b) to obtain services from an organization which provides services to victims of family violence;

    • (c) to obtain psychological or other professional counselling;

    • (d) to relocate temporarily or permanently;

    • (e) to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding; or

    • (f) to take any measures prescribed by regulation.

  • Marginal note:Leave with pay

    (2.1) If the employee has completed three consecutive months of continuous employment with the employer, the employee is entitled to the first five days of the leave with pay at their regular rate of wages for their normal hours of work, and such pay shall for all purposes be considered to be wages.

  • Marginal note:Exception

    (3) An employee is not entitled to a leave of absence with respect to any act of family violence if the employee is charged with an offence related to that act or if it is probable, considering the circumstances, that the employee committed that act.

  • Marginal note:Division of leave

    (4) The leave of absence may be taken in one or more periods. The employer may require that each period of leave be of not less than one day’s duration.

  • Marginal note:Documentation

    (5) The employer may, in writing and no later than 15 days after an employee’s return to work, request the employee to provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.

  • Marginal note:Regulations

    (6) The Governor in Council may make regulations defining the expressions “regular rate of wages” and “normal hours of work” for the purposes of subsection (2.1).

Leave for Traditional Aboriginal Practices

Marginal note:Leave — five days

  •  (1) Every employee who is an Aboriginal person and who has completed three consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to five days in every calendar year, in order to enable the employee to engage in traditional Aboriginal practices, including

    • (a) hunting;

    • (b) fishing;

    • (c) harvesting; and

    • (d) any practice prescribed by regulation.

  • Marginal note:Division of leave

    (2) The leave of absence may be taken in one or more periods. The employer may require that each period of leave be not less than one day’s duration.

  • Marginal note:Documentation

    (3) The employer may, in writing and no later than 15 days after an employee’s return to work, request the employee to provide documentation that shows the employee as an Aboriginal person. The employee shall provide that documentation only if it is reasonably practicable for him or her to obtain and provide it.

  • Marginal note:Definition of Aboriginal

    (4) For the purposes of this section, Aboriginal means Indian, Inuit or Métis.

Leave for Court or Jury Duty

Marginal note:Entitlement to leave

 Every employee is entitled to and shall be granted a leave of absence from employment to attend court to

  • (a) act as a witness in a proceeding;

  • (b) act as a juror in a proceeding; or

  • (c) participate in a jury selection process.

 
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