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

Full Document:  

Act current to 2020-01-08 and last amended on 2019-09-01. Previous Versions

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

DIVISION XISeverance Pay (continued)

Marginal note:Regulations

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  • (b) [Repealed, R.S., 1985, c. 9 (1st Supp.), s. 12]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

  • R.S., 1985, c. L-2, s. 236
  • R.S., 1985, c. 9 (1st Supp.), s. 12

Marginal note:Application of section 189

 Section 189 applies for the purposes of this Division.

  • R.S., c. 17(2nd Supp.), s. 16

DIVISION XIIGarnishment

Marginal note:Prohibition

 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.

  • R.S., 1985, c. L-2, s. 238
  • R.S., 1985, c. 9 (1st Supp.), s. 13

DIVISION XIIIMedical Leave

Marginal note:Entitlement to leave

  •  (1) Every employee is entitled to and shall be granted a medical leave of absence from employment of up to 17 weeks as a result of

    • (a) personal illness or injury;

    • (b) organ or tissue donation; or

    • (c) medical appointments during working hours.

  • Marginal note:Certificate

    (2) If a medical leave of absence is three days or longer, the employer may require that the employee provide a certificate issued by a health care practitioner certifying that the employee was incapable of working for the period of time that they were absent from work.

  • Marginal note:Notice to employer

    (3) If an employee intends to take a medical leave of absence, they must give written notice to the employer of the day on which the leave is to begin and the expected duration of the leave at least four weeks before that day, unless there is a valid reason why that notice cannot be given, in which case the employee must provide the employer with written notice as soon as possible.

  • Marginal note:Change — in length of leave

    (4) An employee must provide the employer with written notice of any change in the length of their medical leave of absence as soon as possible.

  • Marginal note:Employment opportunities

    (5) An employee is entitled, on written request, to be informed in writing of every employment, promotion or training opportunity that arises during the period when the employee is on a medical leave of absence under this Division and for which the employee is qualified, and on receiving that request, the employer must provide the information to the employee.

  • Marginal note:Prohibition

    (6) Subject to subsection (7), an employer is prohibited from dismissing, suspending, laying off, demoting or disciplining an employee because the employee intends to take or has taken a medical leave of absence or taking such an intention or absence into account in any decision to promote or train the employee.

  • Marginal note:Exception

    (7) An employer may assign to a different position, with different terms and conditions of employment, any employee who, after a medical leave of absence, is unable to perform the work performed by the employee prior to the absence.

  • Marginal note:Benefits continue

    (8) The pension, health and disability benefits and the seniority of an employee who is absent from work due to medical leave under this Division accumulate during the entire period of the medical leave of absence.

  • Marginal note:Contributions by employee

    (9) If contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (8), the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any medical leave of absence unless, at the commencement of the absence or within a reasonable time after, the employee notifies the employer of the employee’s intention to discontinue contributions during that period.

  • Marginal note:Contributions by employer

    (10) An employer who pays contributions in respect of a benefit referred to in subsection (8) must continue to pay those contributions during an employee’s medical leave of absence 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

    (11) 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 (9) and (10), the benefits do not accumulate during the medical leave of absence and employment on the employee’s return to work is deemed to be continuous with employment before the employee’s absence.

  • Marginal note:Deemed continuous employment

    (12) For the purposes of calculating benefits, other than benefits referred to in subsection (8), of an employee who is absent from work due to medical leave under this Division, employment on the employee’s return to work shall be deemed to be continuous with employment before the employee’s absence.

  • Marginal note:Regulations

    (13) The Governor in Council may make regulations defining terms for the purposes of this Division.

  • R.S., 1985, c. L-2, s. 239
  • R.S., 1985, c. 9 (1st Supp.), s. 14, c. 43 (3rd Supp.), s. 2
  • 1993, c. 42, s. 32
  • 2001, c. 34, s. 22(F)
  • 2012, c. 27, s. 11
  • 2018, c. 27, s. 487

DIVISION XIII.1Work-related Illness and Injury

Marginal note:Prohibition

  •  (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.

  • 1993, c. 42, s. 33
  • 2001, c. 34, s. 23(F)
 
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