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

Marginal note:Entitlement to leave

205.1 An employee who is pregnant or nursing is entitled to and shall be granted a leave of absence during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, if she provides the employer with a certificate issued by a health care practitioner of her choice indicating that she is unable to work by reason of the pregnancy or nursing and indicating the duration of that inability.

Marginal note:Employee’s duty to inform employer

205.2 An employee whose job functions have been modified, who has been reassigned or who is on a leave of absence shall give at least two weeks’ notice in writing to the employer of any change in the duration of the risk or in the inability as indicated in the certificate issued by a health care practitioner, unless there is a valid reason why that notice cannot be given, and the notice must be accompanied by a new certificate.

Maternity Leave

Marginal note:Entitlement to leave

• 206 (1) Every employee is entitled to and shall be granted a leave of absence from employment of up to 17 weeks, which leave may begin not earlier than 13 weeks prior to the estimated date of her confinement and end not later than 17 weeks following the actual date of her confinement, if the employee provides her employer with a certificate of a health care practitioner certifying that she is pregnant.

• Marginal note:Extension of period

  (1.1) If the confinement has not occurred during the 17 weeks of her leave of absence, the leave of absence is extended until the date of her confinement.

• Marginal note:Extension of period — child in hospital

  (2) If, during the period of 17 weeks following the date of confinement, the child who was born is hospitalized, the period is extended by the number of weeks during which the child is hospitalized.

• Marginal note:Limitation

  (3) An extension under subsection (2) must not result in the period being longer than 52 weeks.

Parental Leave

Marginal note:Entitlement to leave

• 206.1 (1) Subject to subsections (2) and (3), every employee is entitled to and shall be granted a leave of absence from employment of up to 63 weeks to care for a newborn child of the employee or a child who is in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides.

• Marginal note:Period when leave may be taken

  (2) The leave of absence granted under this section may only be taken during the 78-week period beginning

  • (a) in the case of a new-born child of the employee, at the option of the employee, on the day the child is born or comes into the actual care of the employee; and

  • (b) in the case of an adoption, on the day the child comes into the actual care of the employee.

• Marginal note:Extension of period

  (2.1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

• Marginal note:Extension of period — child in hospital

  (2.2) If the child referred to in subsection (1) is hospitalized during the period referred to in subsection (2), the period is extended by the number of weeks during which the child is hospitalized.

• Marginal note:Limitation

  (2.3) An extension under subsection (2.1) or (2.2) must not result in the period being longer than 104 weeks.

• Marginal note:Interruption

  (2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

• Marginal note:Resumption

  (2.5) The leave referred to in subsection (1) resumes immediately after the interruption ends.

• Marginal note:Aggregate leave — employees

  (3) The aggregate amount of leave that may be taken by more than one employee under this section in respect of the same birth or adoption shall not exceed 71 weeks, but the amount of leave that may be taken by one employee under this section in respect of the same birth or adoption shall not exceed 63 weeks.

• Marginal note:Exception — medical leave

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

• (4.1) [Repealed, 2021, c. 26, s. 22]

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

  (5) 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 referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239.1(1).

• Marginal note:Exception — member of reserve force

  (6) Despite section 209.1, sections 247.93 to 247.95 apply to an employee who interrupted the leave referred to in subsection (1) in order to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

Marginal note:Aggregate leave — maternity and parental

206.2 The aggregate amount of leave that may be taken by more than one employee under sections 206 and 206.1 in respect of the same birth shall not exceed 86 weeks, but the aggregate amount of leave that may be taken by one employee under those sections in respect of the same birth shall not exceed 78 weeks.

Compassionate Care Leave

Marginal note:Definitions

• 206.3 (1) For the purposes of this section, care, family member and support have, subject to the regulations, the same meanings as in the regulations made under the Employment Insurance Act and week means the period between midnight on Saturday and midnight on the immediately following Saturday.

• Marginal note:Entitlement to leave

  (2) Subject to subsections (3) to (8), every employee is entitled to and shall be granted a leave of absence from employment of up to 28 weeks to provide care or support to a family member of the employee if a health care practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from

  • (a) the day the certificate is issued; or

  • (b) if the leave was commenced before the certificate was issued, the day the leave was commenced.

• (2.1) [Repealed, 2018, c. 27, s. 468]

• Marginal note:Period when leave may be taken

  (3) The leave of absence may only be taken during the period

  • (a) that starts with

    • (i) the first day of the week in which the certificate is issued, or

    • (ii) if the leave was commenced before the certificate was issued, the first day of the week in which the leave was commenced if the certificate is valid from any day in that week; and

  • (b) that ends with the last day of the week in which either of the following occurs, namely,

    • (i) the family member dies, or

    • (ii) the period of 52 weeks following the first day of the week referred to in paragraph (a) ends.

• Marginal note:Certificate not necessary

  (3.1) For greater certainty, but subject to subsection (3), for leave under this section to be taken after the end of the period of 26 weeks set out in subsection (2), it is not necessary for a health care practitioner to issue an additional certificate under that subsection (2).

• Marginal note:Shorter period

  (4) If a shorter period is prescribed by regulation for the purposes of subsection 23.1(5) or 152.06(4) of the Employment Insurance Act,

  • (a) the certificate referred to in subsection (2) must state that the family member has a serious medical condition with a significant risk of death within that period; and

  • (b) that shorter period applies for the purposes of subparagraph (3)(b)(ii).

• Marginal note:Expiry of shorter period

  (5) When a shorter period referred to in subsection (4) has expired in respect of a family member, no further leave may be taken under this section in respect of that family member until the minimum number of weeks prescribed for the purposes of subsection 12(4.3) or 152.14(7) of the Employment Insurance Act has elapsed.

• (6) [Repealed, 2014, c. 20, s. 242]

• Marginal note:Aggregate leave — more than one employee

  (7) The aggregate amount of leave that may be taken by two or more employees under this section in respect of the care or support of the same family member shall not exceed 28 weeks in the period referred to in subsection (3).

• Marginal note:Limitation — section 206.4

  (7.1) No leave may be taken by one or more employees under subsection 206.4(2) or (2.1) before the end of the leave taken under subsection (2) in respect of the same person.

• Marginal note:Copy of certificate

  (8) If requested in writing by the employer within 15 days after an employee’s return to work, the employee must provide the employer with a copy of the certificate referred to in subsection (2).

• Marginal note:Application

  (9) The references in this section to provisions that are in Part VII.1 of the Employment Insurance Act apply only in relation to employees who are self-employed persons referred to in paragraph (b) of the definition self-employed person in subsection 152.01(1) of that Act.

Leave Related to Critical Illness

Marginal note:Definitions

• 206.4 (1) For the purposes of this section, care, critically ill adult, critically ill child, family member and support have, subject to the regulations, the same meanings as in the regulations made under the Employment Insurance Act and week has the same meaning as in subsection 206.3(1).

• Marginal note:Leave — 37 weeks

  (2) Every employee who is a family member of a critically ill child is entitled to and shall be granted a leave of absence from employment of up to 37 weeks in order to care for or support that child if a health care practitioner has issued a certificate that

  • (a) states that the child is a critically ill child and requires the care or support of one or more of their family members; and

  • (b) sets out the period during which the child requires that care or support.

• Marginal note:Leave — 17 weeks

  (2.1) Every employee who is a family member of a critically ill adult is entitled to and shall be granted a leave of absence from employment of up to 17 weeks in order to care for or support that adult if a health care practitioner has issued a certificate that

  • (a) states that the adult is a critically ill adult and requires the care or support of one or more of their family members; and

  • (b) sets out the period during which the adult requires that care or support.

• (3) [Repealed, 2018, c. 27, s. 469]

• Marginal note:Period when leave may be taken  —  child

  (4) The period during which the employee may take a leave of absence

  • (a) begins on the first day of the week in which either of the following falls:

    • (i) the day on which the first certificate is issued in respect of the child or adult, as the case may be, that meets the requirements of subsection (2) or (2.1), or

    • (ii) if the leave begins before the day on which the certificate is issued, the day from which the health care practitioner certifies that the child or adult, as the case may be, is critically ill; and

  • (b) ends on the last day of the week in which either of the following occurs:

    • (i) the child or adult, as the case may be, dies, or

    • (ii) the expiry of 52 weeks following the first day of the week referred to in paragraph (a).

• Marginal note:Aggregate leave — employees

  (5) The aggregate amount of leave that may be taken by employees under this section during the period referred to in subsection (4) must not exceed

  • (a) in respect of the same critically ill child, 37 weeks; or

  • (b) in respect of the same critically ill adult, 17 weeks.

• Marginal note:Limitation

  (6) No leave may be taken by one or more employees under subsection (2.1) before the end of the period referred to in subsection (4) if leave was granted under subsection (2) in respect of the same person.

• Marginal note:Limitation — section 206.3

  (7) No leave may be taken by one or more employees under section 206.3 before the end of the leave taken under subsection (2) or (2.1) in respect of the same person.

Leave Related to Death or Disappearance

Marginal note:Definitions

• 206.5 (1) The following definitions apply in this section.

  child

  child means a person who is under 25 years of age. (enfant)

  crime

  crime means an offence under the Criminal Code, other than one that is excluded by the regulations. (crime)

  parent

  parent, with respect to a child, means

  • (a) a person who, in law, is a parent of the child;

  • (b) a person, other than a person referred to in paragraph (a), who, in law

    • (i) has custody of the child or, in Quebec, parental authority over the child,

    • (ii) is the guardian of the child or, in Quebec, the tutor or curator to the person of the child, or

    • (iii) has decision-making responsibility, as defined in subsection 2(1) of the Divorce Act, in respect of the child;

  • (c) a person with whom the child is placed for the purposes of adoption under the laws governing adoption in the province in which the person resides; or

  • (d) a person prescribed to be a parent by regulations made under paragraph 209.4(f). (parent)

• Marginal note:Leave — death of child

  (2) Every employee is entitled to and shall be granted a leave of absence from employment of up to 156 weeks if the employee is the parent of a child who has died and it is probable, considering the circumstances, that the child died as a result of a crime.

• Marginal note:Leave  —  child who has disappeared

  (3) Every employee is entitled to and shall be granted a leave of absence from employment of up to 156 weeks if the employee is the parent of a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime.

• Marginal note:Exception

  (4) An employee is not entitled to a leave of absence if they are charged with the crime.

• Marginal note:Period when leave may be taken

  (5) The period during which the employee may take a leave of absence

  • (a) begins on the day on which the death or disappearance, as the case may be, occurs; and

  • (b) ends 156 weeks after the day on which the death or disappearance, as the case may be, occurs.

• Marginal note:Disappearance of child

  (6) Despite paragraph (5)(b), in the case of a child who disappears and who is subsequently found, the period referred to in subsection (5) ends

  • (a) on the 14th day after the day on which the child is found, if the child is found during the 156-week period, but no later than the end of the 156-week period; or

  • (b) 156 weeks after the day on which the disappearance occurs if subsection (2) applies to the child.

• Marginal note:Clarification

  (7) For greater certainty, a leave under this section ends on the day on which the circumstances are such that it is no longer probable that the death or disappearance was the result of a crime.

• Marginal note:Aggregate leave  —  employees

  (8) The aggregate amount of leave that may be taken by employees under this section in respect of the same death or disappearance of a child — or the same children who die or disappear as a result of the same event — must not exceed 156 weeks.