Canada Labour Code

Marginal note:Notice to employer of leave

• 207.3 (1) Every employee who takes a leave of absence from employment under section 206.4 or 206.5 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 section 206.4 or 206.5 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:Leave of more than four weeks

  (3) If the length of the leave 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 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 wishes to shorten the length of the leave but does not provide the employer with four weeks’ notice, then 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.