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

Full Document:  

Act current to 2019-06-06 and last amended on 2019-04-01. Previous Versions

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

DIVISION VIIReassignment, Maternity Leave, Parental Leave, Compassionate Care Leave, Leave Related to Critical Illness and Leave Related to Death or Disappearance (continued)

Maternity-related Reassignment and Leave (continued)

Marginal note:Employer’s obligations

  •  (1) An employer to whom a request has been made under subsection 204(1) shall examine the request in consultation with the employee and, where reasonably practicable, shall modify the employee’s job functions or reassign her.

  • Marginal note:Rights of employee

    (2) An employee who has made a request under subsection 204(1) is entitled to continue in her current job while the employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to and shall be granted a leave of absence with pay at her regular rate of wages until the employer

    • (a) modifies her job functions or reassigns her, or

    • (b) informs her in writing that it is not reasonably practicable to modify her job functions or reassign her,

    and that pay shall for all purposes be deemed to be wages.

  • Marginal note:Onus of proof

    (3) The onus is on the employer to show that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable.

  • Marginal note:Employee to be informed

    (4) Where the employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the employer shall so inform the employee in writing.

  • Marginal note:Status of employee

    (5) An employee whose job functions are modified or who is reassigned shall be deemed to continue to hold the job that she held at the time of making the request under subsection 204(1), and shall continue to receive the wages and benefits that are attached to that job.

  • Marginal note:Employee’s right to leave

    (6) An employee referred to in subsection (4) is entitled to and shall be granted a leave of absence for the duration of the risk as indicated in the medical certificate.

  • R.S., 1985, c. L-2, s. 205
  • R.S., 1985, c. 9 (1st Supp.), s. 9
  • 1993, c. 42, s. 26

Marginal note:Entitlement to leave

 An employee who is pregnant or nursing is entitled to and shall be granted a leave of absence during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, if she provides the employer with a certificate of a qualified medical practitioner of her choice indicating that she is unable to work by reason of the pregnancy or nursing and indicating the duration of that inability.

  • 1993, c. 42, s. 26

Marginal note:Employee’s duty to inform employer

 An employee whose job functions have been modified, who has been reassigned or who is on a leave of absence shall give at least two weeks notice in writing to the employer of any change in the duration of the risk or in the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given, and such notice must be accompanied by a new medical certificate.

  • 1993, c. 42, s. 26

Maternity Leave

Marginal note:Entitlement to leave

  •  (1) Every employee is entitled to and shall be granted a leave of absence from employment of up to 17 weeks, which leave may begin not earlier than 13 weeks prior to the estimated date of her confinement and end not later than 17 weeks following the actual date of her confinement, if the employee:

    • (a) has completed six consecutive months of continuous employment with an employer; and

    • (b) provides her employer with a certificate of a qualified medical practitioner certifying that she is pregnant.

  • Marginal note:Extension of period

    (1.1) If the confinement has not occurred during the 17 weeks of her leave of absence, the leave of absence is extended until the date of her confinement.

  • 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.

  • R.S., 1985, c. L-2, s. 206
  • R.S., 1985, c. 9 (1st Supp.), s. 10
  • 1993, c. 42, s. 26
  • 2012, c. 27, s. 3
  • 2017, c. 20, s. 259

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 63 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 granted under this section may only be taken during the 78-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 — employees

    (3) The aggregate amount of leave that may be taken by more than one employee under this section in respect of the same birth or adoption shall not exceed 71 weeks, but the amount of leave that may be taken by one employee under this section in respect of the same birth or adoption shall not exceed 63 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
  • 2017, c. 20, s. 260
  • 2018, c. 27, s. 310

Marginal note:Aggregate leave — maternity and parental

 The aggregate amount of leave that may be taken by more than one employee under sections 206 and 206.1 in respect of the same birth shall not exceed 86 weeks, but the aggregate amount of leave that may be taken by one employee under those sections in respect of the same birth shall not exceed 78 weeks.

  • 2000, c. 14, s. 42
  • 2017, c. 20, s. 261
  • 2018, c. 27, s. 311

Compassionate Care Leave

Marginal note:Definitions

  •  (1) For the purposes of this section, care, family member, medical doctor, nurse practitioner and support have, subject to the regulations, the same meanings as in the regulations made under the Employment Insurance Act and week means the period between midnight on Saturday and midnight on the immediately following Saturday.

  • 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 medical doctor or nurse 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:Medical practitioner

    (2.1) 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

    (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 medical doctor or nurse practitioner to issue an additional certificate under that subsection (2).

  • 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:Limitation — section 206.4

    (7.1) No leave may be taken by one or more employees under subsection 206.4(2) or (2.1) before the end of the leave taken under subsection (2) in respect of the same person.

  • 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
  • 2017, c. 20, s. 262
 
Date modified: