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

Full Document:  

Act current to 2019-05-22 and last amended on 2019-04-01. Previous Versions

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

DIVISION XV.2Leave of Absence for Members of the Reserve Force (continued)

Marginal note:Request for proof

  •  (1) Subject to subsection (2), if the employer requests proof that a leave of absence is taken under this Division, the employee shall provide the employer with the prescribed document, if any, or with a document that is approved by the Chief of the Defence Staff who was appointed under subsection 18(1) of the National Defence Act.

  • Marginal note:No prescribed or approved document

    (2) If no document is prescribed, or approved by the Chief of the Defence Staff, the employee shall, on request, provide the employer with a document from the employee’s commanding officer specifying that the employee is taking part in an operation or activity referred to in paragraphs 247.5(1)(a) to (g).

  • Marginal note:Timing

    (3) Unless there is a valid reason for not doing so, the employee shall provide the document referred to in subsection (1) or (2) within three weeks after the day on which the leave begins.

  • 2008, c. 15, s. 1

Marginal note:Return to work postponed

  •  (1) If the employee does not notify the employer at least four weeks before the day on which the leave that is taken under this Division is to end, 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 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:Subsection (1) does not apply

    (2) Subsection (1) does not apply if the employee notifies the employer in accordance with paragraph 247.6(1)(b) before the leave begins and if the length of the leave is not changed after the leave begins.

  • Marginal note:Deemed part of leave

    (3) The period of postponement referred to in subsection (1) is deemed to be part of the leave.

  • 2008, c. 15, s. 1

Marginal note:Annual vacation

 Despite any term or condition of employment, an employee may postpone their annual vacation until after the day on which a leave of absence that is taken under this Division ends or the day on which a leave under section 206.1 ends, if that leave was interrupted by a leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

  • 2008, c. 15, s. 1
  • 2012, c. 27, s. 12

Marginal note:Continuous employment — benefits

  •  (1) For the purposes of calculating the benefits of an employee who takes a leave of absence under this Division, employment on the employee’s return to work is deemed to be continuous with their employment before the leave.

  • Marginal note:Seniority

    (2) The seniority of an employee who takes a leave of absence under this Division shall accumulate during the leave.

  • 2008, c. 15, s. 1

Marginal note:Application of section 189

 Section 189 applies for the purposes of this Division.

  • 2008, c. 15, s. 1

Marginal note:Resumption of employment in same position

  •  (1) At the end of a leave of absence that is taken under this Division, the employer shall reinstate the employee in the position that the employee occupied on the day before the day on which the leave begins.

  • Marginal note:Comparable position

    (2) If for a valid reason an employer is not able to reinstate the employee in that position, they shall reinstate the employee in a comparable position with the same wages and benefits and in the same location.

  • 2008, c. 15, s. 1

Marginal note:Not able to perform work

 Subject to the regulations, if an employee is not able to perform the functions of the position that they occupy before the leave begins — or those of a comparable position, with the same wages and benefits and in the same location — the employer may assign them to a position with different terms or conditions of employment.

  • 2008, c. 15, s. 1

Marginal note:Wages or benefits affected by reorganization

  •  (1) If, during a leave of absence that is taken under this Division, the wages or benefits of the group of employees of which an employee is a member are changed as part of a plan to reorganize the industrial establishment in which that group is employed, the employee is entitled, on reinstatement under this section, to receive the wages and benefits in respect of that employment that that employee would have been entitled to receive had that employee been working when the reorganization took place.

  • Marginal note:Notice of change in wages or benefits

    (2) The employer of an employee who is on leave and whose wages or benefits would be changed as a result of the reorganization shall, as soon as practicable, send a notice to the employee at their last known address.

  • 2008, c. 15, s. 1

Marginal note:Prohibition — employee

  •  (1) No employer may dismiss, suspend, lay off, demote or discipline an employee because they are a member of the reserve force or intend to take or have taken a leave of absence under this Division or take into account the fact that an employee is a member of the reserve force or intends to take or has taken a leave of absence under this Division in a decision to promote or train them.

  • Marginal note:Prohibition — future employee

    (2) No person may refuse to employ a person because they are a member of the reserve force.

  • 2008, c. 15, s. 1

Marginal note:Regulations

 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) specifying the absences that are deemed not to interrupt continuity of employment for the purpose of subsection 247.5(1);

  • (b) specifying what constitutes or does not constitute an operation for the purposes of paragraph 247.5(1)(a);

  • (c) setting out the activities for the purposes of paragraph 247.5(1)(b);

  • (d) defining “annual training” for the purposes of paragraph 247.5(1)(c);

  • (e) limiting the duration of the treatment, recovery or rehabilitation referred to in paragraph 247.5(1)(g) or setting out the terms or conditions for the application of that paragraph;

  • (f) specifying what constitutes or does not constitute undue hardship for the purposes of subsection 247.5(4);

  • (g) specifying what constitutes or does not constitute a valid reason for the purposes of subsection 247.6(1), (2), (3) or (4), 247.7(3) or 247.93(2);

  • (h) specifying the circumstances in which section 247.7, subsection 247.8(1), section 247.9 or subsection 247.91(2) do not apply;

  • (i) specifying the circumstances in which an employer may not assign an employee to a position with different terms or conditions of employment for the purposes of section 247.94;

  • (j) prescribing the maximum duration of a leave of absence that may be taken under this Division;

  • (k) specifying the maximum number of leaves of absence — or the maximum duration of leave — that may be taken under this Division within a given period;

  • (l) prescribing the classes of employees that are not entitled to a leave of absence under this Division if the Governor in Council is satisfied that the fact of taking leave would cause unreasonable consequences; and

  • (m) prescribing the circumstances in which classes of employees are not entitled to a leave of absence under this Division.

  • 2008, c. 15, s. 1

DIVISION XV.3Genetic Testing

Marginal note:Definitions

  •  (1) The following definitions apply in this Division.

    disclose

    disclose includes to authorize disclosure. (communiquer)

    genetic test

    genetic test, in relation to an employee, means a test that analyzes the employee’s DNA, RNA or chromosomes for purposes such as the prediction of disease or vertical transmission risks, or monitoring, diagnosis or prognosis. (test génétique)

  • Marginal note:Genetic test

    (2) Every employee is entitled not to undergo or be required to undergo a genetic test.

  • Marginal note:Disclosure of results

    (3) Every employee is entitled not to disclose or be required to disclose the results of a genetic test.

  • Marginal note:Disciplinary action

    (4) No employer shall dismiss, suspend, lay off or demote an employee, impose a financial or other penalty on an employee, or refuse to pay an employee remuneration in respect of any period that the employee would, but for the exercise of the employee’s rights under this Division, have worked, or take any disciplinary action against or threaten to take any such action against an employee

    • (a) because the employee refused a request by the employer to undergo a genetic test;

    • (b) because the employee refused to disclose the results of a genetic test; or

    • (c) on the basis of the results of a genetic test undergone by the employee.

  • Marginal note:Disclosure by third party

    (5) No person shall disclose to an employer that an employee has undergone a genetic test, or disclose to an employer the results of a genetic test, without the written consent of the employee.

  • Marginal note:Collection or use

    (6) No employer shall collect or use the results of a genetic test without the written consent of the employee who has undergone the test.

  • 2017, c. 3, s. 8
 
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