Canada Labour Code

Marginal note:Entitlement to leave

• 247.5 (1) An employee who is a member of the reserve force and has completed at least three consecutive months of continuous employment with an employer — or a shorter period that is prescribed for a class of employees to which the employee belongs — is entitled to and shall be granted a leave of absence from employment to take part in the following operations or activities:

  • (a) an operation in Canada or abroad — including preparation, training, rest or travel from or to the employee’s residence — that is designated by the Minister of National Defence;

  • (b) an activity set out in the regulations;

  • (c) Canadian Armed Forces military skills training;

  • (d) training that they are ordered to take under paragraph 33(2)(a) of the National Defence Act;

  • (e) duties that they are called out on service to perform under paragraph 33(2)(b) of the National Defence Act;

  • (f) service in aid of a civil power for which they are called out under section 275 of the National Defence Act; or

  • (g) treatment, recovery or rehabilitation in respect of a physical or mental health problem that results from service in an operation or activity referred to in this subsection.

• Marginal note:Maximum of 24 months

  (1.1) Leaves taken by an employee under paragraphs (1)(a) to (d) can total no more than an aggregate of 24 months in any 60-month period.

• Marginal note:Exception

  (1.2) Subsection (1.1) does not apply to a leave of absence taken as a result of a national emergency, within the meaning of the Emergencies Act.

• Marginal note:Designation and delegation

  (2) The Minister of National Defence may designate an operation for the purposes of paragraph (1)(a) or may authorize another person to do so.

• Marginal note:Effect

  (3) A designation takes effect on the day on which it is made or on an earlier or later day that is fixed by the Minister of National Defence or the other person. The Minister of National Defence or the other person may fix the day on which the designation ceases to be in effect.

• Marginal note:Exception

  (4) Despite subsection (1), an employee is not entitled to a leave of absence under this Division if, in the opinion of the Head, it would adversely affect public health or safety or would cause undue hardship to the employer if the employee, as an individual or as a member of a class of employees, were to take leave.