Entitlement to Medical Leave Without Certificate
33.01 (1) The requirement set out in subsection 239(2) of the Act for an employee to provide a certificate issued by a health care practitioner on request of the employer does not apply during the period beginning on the day on which this section comes into force and ending on September 25, 2021.
(2) During the period referred to in subsection (1), if a medical leave of absence is three days or longer, the employer may require that the employee provide a written declaration attesting to the fact that the employee was incapable of working for the period of time that they were absent from work.
Leave Related to COVID-19
33.1 The number of weeks of leave to which an employee is entitled is
(a) for the purposes of paragraph 239.01(1)(a) of the Act, four; and
(b) [Repealed, 2021, c. 23, s. 299]
Work-related Illness and Injury
34 (1) The employer’s obligation under subsection 239.1(3) of the Act begins on the date that, according to a certificate from the qualified medical practitioner authorized by the plan the employer subscribes to under subsection 239.1(2) of the Act, the employee is fit to return to work with or without qualifications, and ends 18 months after that date.
(2) Where, within nine months after an employee’s return to work in accordance with subsection 239.1(3) of the Act, an employer lays off or terminates the employment of that employee or discontinues a function of that employee, the employer shall demonstrate to a Head of Compliance and Enforcement that the layoff, termination of employment or discontinuance of function was not because of the absence of the employee from work due to work-related illness or injury.
(3) Where the employer cannot return an employee to work within 21 days after the date of receipt of the certificate referred to in subsection (1), the employer shall, within those 21 days, notify in writing the employee and, where the employee is subject to a collective agreement, the trade union representing the employee, whether return to work is reasonably practicable and, if not, the reasons therefor.
- SOR/94-668, s. 11
- SOR/2021-118, s. 2
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