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

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

Leave for Court or Jury Duty

Marginal note:Entitlement to leave

 Every employee is entitled to and shall be granted a leave of absence from employment to attend court to

  • (a) act as a witness in a proceeding;

  • (b) act as a juror in a proceeding; or

  • (c) participate in a jury selection process.

  • 2018, c. 27, s. 471

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

Marginal note:Minimum periods of leave

 Subject to the regulations, a leave of absence under any of sections 206.3 to 206.5 may only be taken in one or more periods of not less than one week’s duration.

  • 2014, c. 20, s. 243
 
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