Reassignment, Maternity Leave, Parental Leave, Compassionate Care Leave, Leave Related to Critical Illness and Leave Related to Death or Disappearance

Marginal note:Entitlement to leave

• 206.1 (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) a new-born child of the employee;

  • (b) 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; or

  • (c) a child with respect to whom the employee meets the requirements of paragraph 23(1)(c) of the Employment Insurance Act.

• 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 child described in paragraph (1)(a), at the option of the employee, on the day the child is born or comes into the actual care of the employee;

  • (b) in the case of a child described in paragraph (1)(b), on the day the child comes into the actual care of the employee; and

  • (c) in the case of a child described in paragraph (1)(c), on the day the requirements referred to in that paragraph are met.

• 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 event, as described in paragraphs (1)(a) to (c), 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).