Helping Families in Need Act (S.C. 2012, c. 27)
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Assented to 2012-12-14
Helping Families in Need Act
S.C. 2012, c. 27
Assented to 2012-12-14
An Act to amend the Canada Labour Code and the Employment Insurance Act and to make consequential amendments to the Income Tax Act and the Income Tax Regulations
SUMMARY
This enactment amends the Canada Labour Code to provide an employee with the right to take leave when a child of the employee is critically ill or dies or disappears as the probable result of a crime. It also makes technical amendments to that Act.
Furthermore, the enactment amends the Employment Insurance Act to provide benefits to claimants who are providing care or support to their critically ill child and to facilitate access to sickness benefits for claimants who are in receipt of parental benefits.
Lastly, the enactment makes consequential amendments to the Income Tax Act and the Income Tax Regulations.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Helping Families in Need Act.
R.S., c. L-2CANADA LABOUR CODE
Marginal note:1993, c. 42, s. 26
2. (1) The heading of Division VII of Part III of the Canada Labour Code is replaced by the following:
Reassignment, Maternity Leave, Parental Leave, Compassionate Care Leave and Leave Related to Critical Illness
(2) The heading of Division VII of Part III of the Act is replaced by the following:
Reassignment, Maternity Leave, Parental Leave, Compassionate Care Leave and Leave Related to Death or Disappearance
3. Section 206 of the Act is renumbered as subsection 206(1) and is amended by adding the following:
Marginal note:Extension of period — child in hospital
(2) If, during the period of 17 weeks following the date of confinement, the child who was born is hospitalized, the period is extended by the number of weeks during which the child is hospitalized.
Marginal note:Limitation
(3) An extension under subsection (2) must not result in the period being longer than 52 weeks.
4. (1) Section 206.1 of the Act is amended by adding the following after subsection (2):
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.
(2) Section 206.1 of the Act is amended by adding the following after subsection (3):
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).
5. The Act is amended by adding the following after section 206.3:
Leave Related to Critical Illness
Marginal note:Interpretation
206.4 (1) In this section, “critically ill child”, “parent” and “specialist medical doctor” have 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 has completed six consecutive months of continuous employment with an employer and who is the parent 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 specialist medical doctor 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 parents; and
(b) sets out the period during which the child requires that care or support.
Marginal note:Medical practitioner
(3) In the circumstances set out under the Employment Insurance Act, the certificate referred to in subsection (2) may be issued by a member of a class of medical practitioners that is prescribed under that Act.
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 that meets the requirements of subsection (2), or
(ii) if the leave begins before the day on which the certificate is issued, the day from which the specialist medical doctor certifies that the child is critically ill; and
(b) ends on the last day of the week in which either of the following occurs:
(i) the child dies, or
(ii) the expiry of 52 weeks following the first day of the week referred to in paragraph (a).
Marginal note:Period when leave may be taken — children
(5) If more than one child of the employee is critically ill as a result of the same event, 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 any of the children that meets the requirements of subsection (2), or
(ii) if the leave begins before the day on which the certificate is issued, the first day from which the specialist medical doctor certifies that any of the children is critically ill; and
(b) ends on the last day of the week in which either of the following occurs:
(i) the last of the children 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
(6) The aggregate amount of leave that may be taken by employees under this section in respect of the same child — or the same children who are critically ill as a result of the same event — must not exceed 37 weeks during the period referred to in subsection (4) or (5), as the case may be.
6. The Act is amended by adding the following before section 207:
Leave Related to Death or Disappearance
Marginal note:Definitions
206.5 (1) The following definitions apply in this section.
“child”
« enfant »
“child” means a person who is under 18 years of age.
“crime”
« crime »
“crime” means an offence under the Criminal Code, other than one that is excluded by the regulations.
“parent”
« parent »
“parent” with respect to a child, means a person who, in law, is a parent (including an adoptive parent), has the custody of or, in Quebec, parental authority over the child, or is the guardian of or, in Quebec, the tutor to the person of the child, or with whom the child is placed for the purposes of adoption under the laws governing adoption in the province in which the person resides.
Marginal note:Leave — 104 weeks
(2) 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 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 — 52 weeks
(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 52 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 the employee is charged with the crime or 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
(i) in the case of leave under subsection (2), 104 weeks after the day on which the death occurs, or
(ii) in the case of leave under subsection (3), 52 weeks after the day on which the disappearance 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) 14 days after the day on which the child is found, if the child is found during the 52-week period, but no later than the end of the 52-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 in the case of a death or 52 weeks in the case of a disappearance.
7. The Act is amended by adding the following after section 207:
Marginal note:Notification to employer — interruption of parental leave
207.1 (1) An employee who intends to interrupt their parental leave under subsection 206.1(2.4) shall provide the employer with a notice in writing of the interruption before or as soon as possible after it begins.
Marginal note:Notification to employer — resumption of parental leave
(2) The employee shall provide the employer with a notice in writing of the day on which they resume their parental leave before or as soon as possible after that day.
Marginal note:Notification to employer — interruption for child’s hospitalization
207.2 (1) An employee who intends to interrupt their maternity or parental leave in order to return to work as a result of the hospitalization of his or her child shall provide the employer with a notice in writing of the interruption as soon as possible.
Marginal note:Employer’s decision
(2) The employer shall, within one week after receiving the notice, advise the employee in writing of the employer’s decision to accept or refuse the employee’s return to work.
Marginal note:Refusal
(3) If the employer refuses the interruption or does not advise the employee within the week referred to in subsection (2), the leave under section 206 or 206.1 is extended by the number of weeks during which the child is hospitalized. The aggregate amounts of leave referred to in subsection 206.1(3) and section 206.2 are extended by the same number of weeks.
Marginal note:Medical certificate
(4) The employer may, in writing and no later than 15 days after an employee’s return to work, require the employee to provide a certificate issued by a qualified medical practitioner, as defined in subsection 206.3(1), attesting to the child’s hospitalization.
Marginal note:End of interruption
(5) An employee who intends to return to their maternity or parental leave after an interruption shall, as soon as possible, advise the employer in writing of the date on which the maternity or parental leave is to resume.
Marginal note:Limitation
(6) The extension referred to in subsection (3) applies only once in respect of the same child.
8. The Act is amended by adding the following after section 207.2:
Marginal note:Notice to employer of leave
207.3 (1) Every employee who takes a leave of absence from employment under section 206.4 or 206.5 shall, as soon as possible, provide the employer with a notice in writing of the reasons for the leave and the length of the leave that they intend to take.
Marginal note:Notice of change in length of leave
(2) Every employee who is on a leave of absence from employment under section 206.4 or 206.5 shall, as soon as possible, provide the employer with a notice in writing of any change in the length of the leave that they intend to take.
Marginal note:Leave of more than four weeks
(3) If the length of the leave is more than four weeks, the notice in writing of any change in the length of the leave shall be provided on at least four weeks’ notice, unless there is a valid reason why that cannot be done.
Marginal note:Documentation
(4) The employer may require the employee to provide documentation in support of the reasons for the leave and of any change in the length of leave that the employee intends to take.
Marginal note:Return to work postponed
(5) If an employee who takes a leave of more than four weeks wishes to shorten the length of the leave but does not provide the employer with four weeks’ notice, then 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 new 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:Deemed part of leave
(6) The period of the postponement is deemed to be part of the leave.
Marginal note:2003, c. 15, s. 28
9. Subsection 209.3(2) of the Act is replaced by the following:
Marginal note:Prohibition
(2) The prohibitions set out in subsection (1) also apply in respect of an employee who has taken a leave of absence under any of sections 206.3 to 206.5.
Marginal note:R.S., c. 9 (1st Supp.), s. 10
10. (1) The portion of section 209.4 of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Règlements
209.4 Le gouverneur en conseil peut, par règlement :
Marginal note:1993, c. 42, s. 31
(2) Paragraph 209.4(a) of the Act is replaced by the following:
(a) specifying the absences from employment that are deemed not to have interrupted continuous employment referred to in sections 206, 206.1, 206.4 and 206.5;
Marginal note:R.S., c. 9 (1st Supp.), s. 10; 2003, c. 15, s. 29
(3) Paragraphs 209.4(a.1) to (c) of the French version of the Act are replaced by the following:
a.1) pour l’application de l’alinéa d) de la définition de membre de la famille au paragraphe 206.3(1), préciser les catégories de personnes;
b) pour l’application de l’article 208, préciser ce qui constitue, ou non, une fonction essentielle;
c) pour l’application du paragraphe 209.1(2), préciser ce qui ne constitue pas un motif valable pour ne pas réintégrer un employé dans son poste antérieur;
(4) Section 209.4 of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after paragraph (c):
(d) enlarging the meaning of “critically ill child” in subsection 206.4(1) and prescribing other persons to be included in the meanings of “parent” and “specialist medical doctor” in that subsection;
(e) defining or determining what constitutes a same event in subsections 206.4(5) and (6);
(f) prescribing offences to be excluded from the definition of “crime” in subsection 206.5(1) and prescribing other persons to be included in the definition of “parent” in that subsection;
(g) prescribing periods of consecutive months of continuous employment that are shorter than six months for the purposes of subsections 206.4(2) and 206.5(2) and (3);
(h) prescribing cases, other than those set out in subsection 206.5(4), in which an employee is not entitled to a leave of absence and cases in which an employee is entitled to a leave of absence even if they are charged with the crime;
(i) prescribing documentation that the employer may require under subsection 207.3(4);
(j) specifying the circumstances in which a leave under this Division may be interrupted; and
(k) extending the period within which a leave under this Division may be taken.
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