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

Full Document:  

Act current to 2021-02-15 and last amended on 2021-01-01. Previous Versions

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

DIVISION II.1Breaks for Medical Reasons or Nursing

Marginal note:Medical break

  •  (1) Subject to the regulations, every employee is entitled to and shall be granted any unpaid breaks that are necessary for medical reasons.

  • Marginal note:Certificate

    (2) On written request by the employer, the employee must provide a certificate issued by a health care practitioner setting out the length and frequency of the breaks needed for medical reasons and any additional information that may be prescribed by regulation.

  • 2018, c. 27, s. 450

Marginal note:Nursing break

 Subject to the regulations, every employee who is nursing is entitled to and shall be granted any unpaid breaks necessary for them to nurse or to express breast milk.

  • 2018, c. 27, s. 450

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) modifying the provisions of sections 181.1 or 181.2 for the purpose of the application of this Division to any class of employees;

  • (b) exempting any class of employees from the application of section 181.1 or 181.2;

  • (c) respecting the breaks set out in subsection 181.1(1) and section 181.2, including circumstances in which those breaks cannot be taken; and

  • (d) respecting additional information to be included in a certificate required under subsection 181.1(2).

  • 2018, c. 27, s. 450

DIVISION IIIEqual Wages

Marginal note:Application of sections

  •  (1) For the purposes of ascertaining whether a discriminatory practice under section 11 of the Canadian Human Rights Act is being or has been engaged in, sections 249, 250, 252, 253, 254, 255 and 264 apply, with such modifications as the circumstances require, as if this Part expressly required an employer to refrain from that discriminatory practice.

  • Marginal note:Report to Commission

    (2) If the Head has reasonable grounds at any time for believing that an employer is engaging or has engaged in a discriminatory practice described in subsection (1), the Head may notify the Canadian Human Rights Commission or file a complaint with that Commission under section 40 of the Canadian Human Rights Act.

  • R.S., 1985, c. L-2, s. 182
  • 2018, c. 27, s. 573

DIVISION IVAnnual Vacations

Marginal note:Definitions

 In this Division,

vacation pay

vacation pay means the amount an employee is entitled to under section 184.01; (indemnité de congé annuel)

year of employment

year of employment means continuous employment of an employee by one employer

  • (a) for a period of twelve consecutive months beginning with the date the employment began or any subsequent anniversary date thereafter, or

  • (b) for a calendar year or other year determined by the employer, in accordance with the regulations, in relation to an industrial establishment. (année de service)

  • R.S., 1985, c. L-2, s. 183
  • 1993, c. 42, s. 19
  • 2018, c. 27, s. 453

Marginal note:Annual vacation with pay

 Except as otherwise provided by or under this Division, in respect of every year of employment by an employer, every employee is entitled to and shall be granted a vacation with vacation pay of

  • (a) at least two weeks if they have completed at least one year of employment;

  • (b) at least three weeks if they have completed at least five consecutive years of employment with the same employer; and

  • (c) at least four weeks if they have completed at least 10 consecutive years of employment with the same employer.

  • R.S., 1985, c. L-2, s. 184
  • 2018, c. 27, s. 454

Marginal note:Calculation of vacation pay

 An employee is entitled to vacation pay equal to:

  • (a) 4% of their wages during the year of employment in respect of which they are entitled to the vacation;

  • (b) 6% of their wages during the year of employment in respect of which they are entitled to the vacation, if they have completed at least five consecutive years of employment with the same employer; and

  • (c) 8% of their wages during the year of employment in respect of which they are entitled to the vacation, if they have completed at least 10 consecutive years of employment with the same employer.

  • 2018, c. 27, s. 454

Marginal note:Entitlement to vacation in one or more periods

 A vacation granted to an employee under this Division is to be taken only in one period or, if the employee makes a request in writing and the employer approves it in writing, in more than one period.

  • 2017, c. 33, s. 200

Marginal note:Granting vacation with pay

 The employer of an employee who under this Division has become entitled to a vacation with vacation pay

  • (a) shall grant to the employee the vacation to which the employee is entitled, which shall begin not later than ten months immediately following the completion of the year of employment for which the employee became entitled to the vacation; and

  • (b) shall, at any time that is prescribed by the regulations, pay to the employee

    • (i) if the vacation is taken in one period, the vacation pay to which the employee is entitled in respect of that vacation, or

    • (ii) if the vacation is taken in more than one period, for each period, the proportion of the vacation pay that the vacation taken is of the annual vacation to which the employee is entitled.

  • R.S., 1985, c. L-2, s. 185
  • 2017, c. 33, s. 201

Marginal note:Vacation pay

 Vacation pay shall for all purposes be deemed to be wages.

  • R.S., c. L-1, s. 42

Marginal note:General holiday during vacation

 Where one or more general holidays occur during a vacation granted to an employee pursuant to this Division, the vacation to which the employee is entitled under this Division may be extended by one day for each such holiday, and the employer shall pay to the employee in addition to the vacation pay the wages to which the employee is entitled for those general holidays.

  • R.S., c. L-1, s. 43
  • 1977-78, c. 27, s. 12

Marginal note:Interruption

  •  (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1) or (1.1), 239.01(1) or 239.1(1).

  • Marginal note:Application of section 209.1

    (2) If an employee interrupts a vacation to take leave under any of sections 205.1, 206, 206.1 and 206.3 to 206.9 and resumes the vacation immediately at the end of that leave, section 209.1 applies to them as if they did not resume the vacation before returning to work.

  • Marginal note:Application of subsection 239(7)

    (3) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239(1) or (1.1) and resumes the vacation immediately at the end of that leave, subsection 239(7) applies to them as if they did not resume the vacation before returning to work.

  • Marginal note:Application of subsection 239.01(13)

    (3.1) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239.01(1) and resumes the vacation immediately at the end of that leave, subsection 239.01(13) applies to them as if they did not resume the vacation before returning to work.

  • Marginal note:Application of subsections 239.1(3) and (4)

    (4) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239.1(1) and resumes the vacation immediately at the end of that leave, subsections 239.1(3) and (4) apply to them as if they did not resume the vacation before returning to work.

  • Marginal note:Application of sections 247.93 to 247.95

    (5) If an employee interrupts a vacation to take leave under section 247.5 and resumes the vacation immediately at the end of that leave, sections 247.93 to 247.95 apply to that employee as if they did not resume the vacation before returning to work.

  • Marginal note:Notice to employer — interruption of vacation

    (6) An employee who intends to interrupt their vacation shall provide the employer with written notice of the interruption before or as soon as possible after the interruption begins.

  • Marginal note:Notice to employer — resumption of vacation

    (7) An employee who interrupts their vacation and who intends to resume it immediately after the interruption ends shall provide the employer with written notice of the day on which they resume their vacation before or as soon as possible after that day.

  • 2017, c. 33, s. 202
  • 2018, c. 27, s. 455
  • 2018, c. 27, s. 533
  • 2020, c. 5, s. 37
  • 2020, c. 12, s. 4.1
 
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