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

Leave for Court or Jury Duty

Marginal note:Entitlement to leave

206.9 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.

General

Marginal note:Notification to employer

• 207 (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.

Marginal note:Minimum periods of leave

207.01 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.

Marginal note:Interruption

• 207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1) or 239.1(1).

• Marginal note:Resumption

  (2) The interrupted leave resumes immediately after the interruption ends.

• Marginal note:Exception — medical leave

  (3) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239(1).

• Marginal note:Exception  — work-related illness or injury

  (4) Except to the extent that it is inconsistent with subsections 239.1(3) and (4), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239.1(1).

Marginal note:Notice to employer  — interruption of leave

• 207.1 (1) An employee who intends to interrupt their leave under subsection 206.1(2.4) or 207.02(1) shall provide the employer with a notice in writing of the interruption before or as soon as possible after it begins.

• Marginal note:Notice to employer  — resumption of leave

  (2) The employee shall provide the employer with a notice in writing of the day on which they resume their leave before or as soon as possible after that day.

Marginal note:Notification to employer — interruption for child’s hospitalization

• 207.2 (1) An employee who intends to interrupt their maternity or parental leave in order to return to work as a result of the hospitalization of his or her child shall provide the employer with a notice in writing of the interruption as soon as possible.

• Marginal note:Employer’s decision

  (2) The employer shall, within one week after receiving the notice, advise the employee in writing of the employer’s decision to accept or refuse the employee’s return to work.

• Marginal note:Refusal

  (3) If the employer refuses the interruption or does not advise the employee within the week referred to in subsection (2), the leave under section 206 or 206.1 is extended by the number of weeks during which the child is hospitalized. The aggregate amounts of leave referred to in subsection 206.1(3) and section 206.2 are extended by the same number of weeks.

• Marginal note:Certificate

  (4) The employer may, in writing and no later than 15 days after an employee’s return to work, require the employee to provide a certificate issued by a health care practitioner attesting to the child’s hospitalization.

• Marginal note:End of interruption

  (5) An employee who intends to return to their maternity or parental leave after an interruption shall, as soon as possible, advise the employer in writing of the date on which the maternity or parental leave is to resume.

• Marginal note:Limitation

  (6) The extension referred to in subsection (3) applies only once in respect of the same child.

Marginal note:Notice to employer of leave

• 207.3 (1) Every employee who takes a leave of absence from employment under any of sections 206.3 to 206.9 shall, as soon as possible, provide the employer with a notice in writing of the reasons for the leave and the length of the leave that they intend to take.

• Marginal note:Notice of change in length of leave

  (2) Every employee who is on a leave of absence from employment under any of sections 206.3 to 206.9 shall, as soon as possible, provide the employer with a notice in writing of any change in the length of the leave that they intend to take.

• Marginal note:Notice — leave of more than four weeks

  (3) If the length of the leave taken under any of sections 206.3 to 206.5 and 206.9 is more than four weeks, the notice in writing of any change in the length of the leave shall be provided on at least four weeks’ notice, unless there is a valid reason why that cannot be done.

• Marginal note:Documentation

  (4) The employer may require the employee to provide documentation in support of the reasons for the leave taken under section 206.4, 206.5 or 206.9 and of any change in the length of leave that the employee intends to take.

• Marginal note:Return to work postponed

  (5) If an employee who takes a leave of more than four weeks under any of sections 206.3 to 206.5 wishes to shorten the length of the leave but does not provide the employer with four weeks’ notice, the employer may postpone the employee’s return to work for a period of up to four weeks after the day on which the employee informs the employer of the new end date of the leave. If the employer informs the employee that their return to work is postponed, the employee is not entitled to return to work until the day that is indicated by the employer.

• Marginal note:Deemed part of leave

  (6) The period of the postponement is deemed to be part of the leave.

Marginal note:Prohibition

• 208 (1) Subject to subsection (2), no employer shall require an employee to take a leave of absence from employment because the employee is pregnant.

• Marginal note:Exception

  (2) An employer may require a pregnant employee to take a leave of absence from employment if the employee is unable to perform an essential function of her job and no appropriate alternative job is available for that employee.

• Marginal note:Length of leave

  (3) A pregnant employee who is unable to perform an essential function of her job and for whom no appropriate alternative job is available may be required to take a leave of absence from employment only for such time as she is unable to perform that essential function.

• Marginal note:Burden of proof

  (4) The burden of proving that a pregnant employee is unable to perform an essential function of her job rests with the employer.