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

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Act current to 2019-05-22 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)

Leave Related to Critical Illness

Marginal note:Interpretation

  •  (1) For the purposes of this section, care, critically ill adult, critically ill child, 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 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 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 medical doctor or nurse 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 has completed six consecutive months of continuous employment with an employer and 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 medical doctor or nurse 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.

  • Marginal note:Medical practitioner

    (3) In the circumstances set out under the Employment Insurance Act, the certificate referred to in subsection (2) or (2.1) 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 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 medical doctor or nurse 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.

  • 2012, c. 27, s. 5
  • 2017, c. 20, s. 263

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 18 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 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. (parent)

  • 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.

  • 2012, c. 27, s. 6

General

Marginal note:Notification to employer

  •  (1) Every employee who intends to take a leave of absence from employment under section 206 or 206.1 shall

    • (a) unless there is a valid reason for not doing so, give at least four weeks notice in writing to the employer before the day on which the leave is to begin; and

    • (b) inform the employer in writing of the length of leave intended to be taken.

  • Marginal note:Exception — valid reason

    (1.1) If there is a valid reason for not providing notice in accordance with paragraph (1)(a), the employee shall notify the employer in writing as soon as possible that the employee intends to take a leave of absence.

  • Marginal note:Change in length of leave

    (2) Every employee who intends to take or who is on a leave of absence from employment under section 206 or 206.1 shall provide the employer with notice in writing of at least four weeks of any change in the length of leave intended to be taken, unless there is a valid reason why that notice cannot be given, in which case the employee shall provide the employer with notice in writing as soon as possible.

  • R.S., 1985, c. L-2, s. 207
  • R.S., 1985, c. 9 (1st Supp.), s. 10
  • 1993, c. 42, s. 28
  • 2017, c. 20, s. 264
 
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