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

Full Document:  

Act current to 2019-06-20 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)

General (continued)

Marginal note:Right to benefits

  •  (1) The pension, health and disability benefits and the seniority of any employee who takes or is required to take a leave of absence from employment under this Division shall accumulate during the entire period of the leave.

  • Marginal note:Contributions by employee

    (2) Where contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (1), the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any leave of absence under this Division unless, before taking leave or within a reasonable time thereafter, the employee notifies the employer of the employee’s intention to discontinue contributions during that period.

  • Marginal note:Contributions by employer

    (2.1) An employer who pays contributions in respect of a benefit referred to in subsection (1) shall continue to pay those contributions during an employee’s leave of absence under this Division in at least the same proportion as if the employee were not on leave unless the employee does not pay the employee’s contributions, if any, within a reasonable time.

  • Marginal note:Failure to pay contributions

    (3) For the purposes of calculating the pension, health and disability benefits of an employee in respect of whom contributions have not been paid as required by subsections (2) and (2.1), the benefits shall not accumulate during the leave of absence and employment on the employee’s return to work shall be deemed to be continuous with employment before the employee’s absence.

  • Marginal note:Deemed continuous employment

    (4) For the purposes of calculating benefits of an employee who takes or is required to take a leave of absence from employment under this Division, other than benefits referred to in subsection (1), employment on the employee’s return to work shall be deemed to be continuous with employment before the employee’s absence.

  • R.S., 1985, c. 9 (1st Supp.), s. 10, c. 43 (3rd Supp.), s. 1
  • 2001, c. 34, s. 21(F)

Marginal note:Effect of leave

 Notwithstanding the provisions of any income-replacement scheme or any insurance plan in force at the workplace, an employee who takes a leave of absence under this Division is entitled to benefits under the scheme or plan on the same terms as any employee who is absent from work for health-related reasons and is entitled to benefits under the scheme or plan.

  • 1993, c. 42, s. 30

Marginal note:Status of certificate

 A medical certificate given pursuant to this Division is conclusive proof of the statements contained therein.

  • 1993, c. 42, s. 30

Marginal note:Prohibition

  •  (1) No employer shall dismiss, suspend, lay off, demote or discipline an employee because the employee is pregnant or has applied for leave of absence in accordance with this Division or take into account the pregnancy of an employee or the intention of an employee to take leave of absence from employment under this Division in any decision to promote or train the employee.

  • 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.

  • R.S., 1985, c. 9 (1st Supp.), s. 10
  • 2003, c. 15, s. 28
  • 2012, c. 27, s. 9

Marginal note:Regulations

 The Governor in Council may make regulations

  • (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;

  • (a.1) [Repealed, 2017, c. 20, s. 267]

  • (a.2) prescribing the maximum number of periods of leave of absence that an employee may take under any of sections 206.3 to 206.5;

  • (b) specifying what does, or does not, constitute an essential function of a job referred to in section 208;

  • (c) specifying what does not constitute a valid reason for not reinstating an employee in the position referred to in subsection 209.1(2);

  • (d) enlarging the meaning of care and support in subsections 206.3(1) and 206.4(1), and of critically ill adult and critically ill child in subsection 206.4(1);

  • (e) prescribing other persons to be included in the meanings of family member, medical doctor and nurse practitioner in subsections 206.3(1) and 206.4(1);

  • (e.1) adapting the terminology of the definitions of care, critically ill adult, critically ill child, family member, medical doctor, nurse practitioner and support in the regulations made under the Employment Insurance Act for the purposes of the definitions of those terms in subsections 206.3(1) and 206.4(1) of this Act;

  • (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 shorter periods of consecutive months of continuous employment for the purposes of subsections 206(1), 206.1(1), 206.4(2) and (2.1) 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.

  • R.S., 1985, c. 9 (1st Supp.), s. 10
  • 1993, c. 42, s. 31
  • 2003, c. 15, s. 29
  • 2012, c. 27, s. 10
  • 2014, c. 20, s. 246
  • 2017, c. 20, s. 267

Marginal note:Application of section 189

 Section 189 applies for the purposes of this Division.

  • R.S., 1985, c. 9 (1st Supp.), s. 10

DIVISION VIIIBereavement Leave

Marginal note:Employee entitled

  •  (1) Every employee is entitled to and shall be granted, in the event of the death of a member of his immediate family, bereavement leave on any of his normal working days that occur during the three days immediately following the day of the death.

  • Marginal note:Bereavement leave with pay

    (2) Every employee who has completed three consecutive months of continuous employment by an employer and is entitled to bereavement leave under subsection (1) is entitled to such leave with pay at his regular rate of wages for his normal hours of work, and such pay shall for all purposes be deemed to be wages.

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations

    • (a) defining the expression “immediate family” for the purposes of subsection (1);

    • (b) defining the expressions “regular rate of wages” and “normal hours of work” for the purposes of subsection (2); and

    • (c) for the purposes of this Division, defining the absences from employment that shall be deemed not to have interrupted continuity of employment.

  • Marginal note:Application of section 189

    (4) Section 189 applies for the purposes of this Division.

  • 1977-78, c. 27, s. 20
  • 1980-81-82-83, c. 47, s. 27

DIVISION IXGroup Termination of Employment

Marginal note:Definitions

 In this Division,

joint planning committee

joint planning committee means a committee established pursuant to section 214; (comité mixte)

redundant employee

redundant employee means an employee whose employment is to be terminated pursuant to a notice under section 212; (surnuméraire)

trade union

trade union means a trade union that is certified under Part I to represent any redundant employee or that is recognized by an employer of any redundant employee as the bargaining agent for that employee. (syndicat)

  • 1980-81-82-83, c. 89, s. 31
 
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