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

Full Document:  

Act current to 2019-12-03 and last amended on 2019-09-01. Previous Versions

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

DIVISION VIIMaternity-related Reassignment and Leave and Other Leaves (continued)

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 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 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
  • 2018, c. 27, s. 470

Personal Leave

Marginal note:Leave — five days

  •  (1) Every employee is entitled to and shall be granted a leave of absence from employment of up to five days in every calendar year for

    • (a) treating their illness or injury;

    • (b) carrying out responsibilities related to the health or care of any of their family members;

    • (c) carrying out responsibilities related to the education of any of their family members who are under 18 years of age;

    • (d) addressing any urgent matter concerning themselves or their family members;

    • (e) attending their citizenship ceremony under the Citizenship Act; and

    • (f) any other reason prescribed by regulation.

  • Marginal note:Leave with pay

    (2) If the employee has completed three consecutive months of continuous employment with the employer, the employee is entitled to the first three days of the leave with pay at their regular rate of wages for their normal hours of work, and such pay shall for all purposes be considered to be wages.

  • Marginal note:Division of leave

    (3) The leave of absence may be taken in one or more periods. The employer may require that each period of leave be of not less than one day’s duration.

  • Marginal note:Documentation

    (4) The employer may, in writing and no later than 15 days after an employee’s return to work, request that the employee provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.

  • Marginal note:Regulations

    (5) The Governor in Council may make regulations for the purposes of this section, including regulations

    • (a) setting out the other reasons for taking leave under paragraph (1)(f);

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

    • (c) specifying the persons who are the employee’s family members.

  • 2017, c. 33, s. 206
  • 2018, c. 27, s. 514

Leave for Victims of Family Violence

Marginal note:Definitions

  •  (1) The definitions child and parent set out in subsection 206.5(1) apply in subsection (2).

  • Marginal note:Leave — 10 days

    (2) Every employee who is a victim of family violence or who is the parent of a child who is a victim of family violence is entitled to and shall be granted a leave of absence from employment of up to 10 days in every calendar year, in order to enable the employee, in respect of such violence,

    • (a) to seek medical attention for themselves or their child in respect of a physical or psychological injury or disability;

    • (b) to obtain services from an organization which provides services to victims of family violence;

    • (c) to obtain psychological or other professional counselling;

    • (d) to relocate temporarily or permanently;

    • (e) to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding; or

    • (f) to take any measures prescribed by regulation.

  • Marginal note:Leave with pay

    (2.1) If the employee has completed three consecutive months of continuous employment with the employer, the employee is entitled to the first five days of the leave with pay at their regular rate of wages for their normal hours of work, and such pay shall for all purposes be considered to be wages.

  • Marginal note:Exception

    (3) An employee is not entitled to a leave of absence with respect to any act of family violence if the employee is charged with an offence related to that act or if it is probable, considering the circumstances, that the employee committed that act.

  • Marginal note:Division of leave

    (4) The leave of absence may be taken in one or more periods. The employer may require that each period of leave be of not less than one day’s duration.

  • Marginal note:Documentation

    (5) The employer may, in writing and no later than 15 days after an employee’s return to work, request the employee to provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.

  • Marginal note:Regulations

    (6) The Governor in Council may make regulations defining the expressions “regular rate of wages” and “normal hours of work” for the purposes of subsection (2.1).

  • 2017, c. 33, s. 206
  • 2018, c. 27, s. 514

Leave for Traditional Aboriginal Practices

Marginal note:Leave — five days

  •  (1) Every employee who is an Aboriginal person and who has completed three consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to five days in every calendar year, in order to enable the employee to engage in traditional Aboriginal practices, including

    • (a) hunting;

    • (b) fishing;

    • (c) harvesting; and

    • (d) any practice prescribed by regulation.

  • Marginal note:Division of leave

    (2) The leave of absence may be taken in one or more periods. The employer may require that each period of leave be not less than one day’s duration.

  • Marginal note:Documentation

    (3) The employer may, in writing and no later than 15 days after an employee’s return to work, request the employee to provide documentation that shows the employee as an Aboriginal person. The employee shall provide that documentation only if it is reasonably practicable for him or her to obtain and provide it.

  • Marginal note:Definition of Aboriginal

    (4) For the purposes of this section, Aboriginal means Indian, Inuit or Métis.

  • 2017, c. 33, s. 206
 
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