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

Marginal note:Regulations

236 The Governor in Council may make regulations for the purposes of this Division

• (a) prescribing circumstances in which a lay-off of an employee shall not be deemed to be a termination of the employee’s employment by his employer;

• (b) [Repealed, R.S., 1985, c. 9 (1st Supp.), s. 12]

• (c) establishing methods for determining whether severance benefits provided to an employee under a plan established by an employer are equivalent to any benefits required to be paid to the employee under this Division; and

• (d) defining the absences from employment that shall be deemed not to have interrupted continuity of employment and the expression “regular hours of work”.

Marginal note:Application of section 189

237 Section 189 applies for the purposes of this Division.

DIVISION XIIGarnishment

Marginal note:Prohibition

238 No employer shall dismiss, suspend, lay off, demote or discipline an employee on the ground that garnishment proceedings may be or have been taken with respect to the employee.

DIVISION XIIISick Leave

Marginal note:Prohibition

• 239 (1) Subject to subsection (1.1), no employer shall dismiss, suspend, lay off, demote or discipline an employee because of absence due to illness or injury if

  • (a) the employee has completed three consecutive months of continuous employment by the employer prior to the absence;

  • (b) the period of absence does not exceed 17 weeks; and

  • (c) the employee, if requested in writing by the employer within fifteen days after his return to work, provides the employer with a certificate of a qualified medical practitioner certifying that the employee was incapable of working due to illness or injury for a specified period of time, and that that period of time coincides with the absence of the employee from work.

• Marginal note:Exception

  (1.1) An employer may assign to a different position, with different terms and conditions of employment, any employee who, after an absence due to illness or injury, is unable to perform the work performed by the employee prior to the absence.

• (2) [Repealed, 1993, c. 42, s. 32]

• Marginal note:Benefits continue

  (2.1) The pension, health and disability benefits and the seniority of an employee who is absent from work due to illness or injury shall accumulate during the entire period of the absence if the conditions set out in subsection (1) are met in respect of that absence.

• Marginal note:Contributions by employee

  (2.2) Where contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (2.1), the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any absence due to illness or injury unless, at the commencement of the absence 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

  (2.3) An employer who pays contributions in respect of a benefit referred to in subsection (2.1) shall continue to pay those contributions during an employee’s absence due to illness or injury in at least the same proportion as if the employee were not absent, 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 (2.2) and (2.3), the benefits shall not accumulate during the 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

  (3.1) For the purposes of calculating benefits, other than benefits referred to in subsection (2.1), of an employee who is absent from work due to illness or injury where the conditions set out in subsection (1) are met in respect of that absence, employment on the employee’s return to work shall be deemed to be continuous with employment before the employee’s absence.

• Marginal note:Regulations

  (4) The Governor in Council may make regulations 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

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

DIVISION XIII.1Work-related Illness and Injury

Marginal note:Prohibition

• 239.1 (1) Subject to subsection (4) and to the regulations made under this Division, no employer shall dismiss, suspend, lay off, demote or discipline an employee because of absence from work due to work-related illness or injury.

• Marginal note:Employer’s obligation

  (2) Every employer shall subscribe to a plan that provides an employee who is absent from work due to work-related illness or injury with wage replacement, payable at an equivalent rate to that provided for under the applicable workers’ compensation legislation in the employee’s province of permanent residence.

• Marginal note:Return to work

  (3) Subject to the regulations, the employer shall, where reasonably practicable, return an employee to work after the employee’s absence due to work-related illness or injury.

• Marginal note:Exception

  (4) An employer may assign to a different position, with different terms and conditions of employment, any employee who, after an absence due to work-related illness or injury, is unable to perform the work performed by the employee prior to the absence.

• Marginal note:Benefits continue

  (5) The pension, health and disability benefits and the seniority of an employee who is absent from work due to work-related illness or injury shall accumulate during the entire period of the absence.

• Marginal note:Contributions by employee

  (6) Where contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (5), the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any absence due to work-related illness or injury unless, at the beginning of the absence 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

  (7) An employer who pays contributions in respect of a benefit referred to in subsection (5) shall continue to pay those contributions during an employee’s absence due to work-related illness or injury in at least the same proportion as if the employee were not absent, unless the employee does not pay the employee’s contributions, if any, within a reasonable time.

• Marginal note:Failure to pay contributions

  (8) 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 (6) and (7), the benefits shall not accumulate during the 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

  (9) For the purposes of calculating benefits, other than benefits referred to in subsection (5), of an employee who is absent from work due to work-related illness or injury, employment on the employee’s return to work shall be deemed to be continuous with employment before the employee’s absence.

• Marginal note:Regulations

  (10) The Governor in Council may make regulations for carrying out the purposes of this Division and, without restricting the generality of the foregoing, may make regulations

  • (a) for determining the duration of the employer’s obligation under subsection (3);

  • (b) providing terms and conditions applicable to the employer under subsections (1) and (3) in the event of any termination of employment, lay-off or discontinuance of a function in an industrial establishment; and

  • (c) providing for any other terms and conditions respecting the application of subsection (3).

• Marginal note:Application of section 189

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

DIVISION XIII.2Long-term Disability Plans

Marginal note:Employer’s obligation

• 239.2 (1) Every employer that provides benefits to its employees under a long-term disability plan must insure the plan with an entity that is licensed to provide insurance under the laws of a province.

• Marginal note:Exception

  (2) However, an employer may provide those benefits under a long-term disability plan that is not insured, in the circumstances and subject to the conditions provided for in the regulations.