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

Act current to 2017-09-14 and last amended on 2017-06-22. Previous Versions

Leave Related to Critical Illness

Marginal note:Interpretation
  •  (1) In this section, critically ill child, parent and specialist medical doctor have 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 has completed six consecutive months of continuous employment with an employer and who is the parent 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 specialist medical doctor 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 parents; and

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

  • Marginal note:Medical practitioner

    (3) In the circumstances set out under the Employment Insurance Act, the certificate referred to in subsection (2) may be issued by a member of a class of medical practitioners that is prescribed under that Act.

  • 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 that meets the requirements of subsection (2), or

      • (ii) if the leave begins before the day on which the certificate is issued, the day from which the specialist medical doctor certifies that the child is critically ill; and

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

      • (i) the child dies, or

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

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

    (5) If more than one child of the employee is critically ill as a result of the same event, 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 any of the children that meets the requirements of subsection (2), or

      • (ii) if the leave begins before the day on which the certificate is issued, the first day from which the specialist medical doctor certifies that any of the children is critically ill; and

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

      • (i) the last of the children 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

    (6) The aggregate amount of leave that may be taken by employees under this section in respect of the same child — or the same children who are critically ill as a result of the same event — must not exceed 37 weeks during the period referred to in subsection (4) or (5), as the case may be.

  • 2012, c. 27, s. 5.

Leave Related to Death or Disappearance

Marginal note:Definitions
  •  (1) The following definitions apply in this section.

    child

    enfant

    child means a person who is under 18 years of age. (enfant)

    crime

    crime

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

    parent

    parent

    parent with respect to a child, means a person who, in law, is a parent (including an adoptive parent), has the custody of or, in Quebec, parental authority over the child, or is the guardian of or, in Quebec, the tutor to the person of the child, or with whom the child is placed for the purposes of adoption under the laws governing adoption in the province in which the person resides. (parent)

  • Marginal note:Leave  —  104 weeks

    (2) Every employee who has completed six consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to 104 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  —  52 weeks

    (3) Every employee who has completed six consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to 52 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 the employee is charged with the crime or it is probable, considering the circumstances, that the child was a party to 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

      • (i) in the case of leave under subsection (2), 104 weeks after the day on which the death occurs, or

      • (ii) in the case of leave under subsection (3), 52 weeks after the day on which the disappearance 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) 14 days after the day on which the child is found, if the child is found during the 52-week period, but no later than the end of the 52-week period; or

    • (b) 104 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 104 weeks in the case of a death or 52 weeks in the case of a disappearance.

  • 2012, c. 27, s. 6.

General

Marginal note:Notification to employer
  •  (1) Every employee who intends to take a leave of absence from employment under section 206 or 206.1 shall

    • (a) give at least four weeks notice in writing to the employer unless there is a valid reason why that notice cannot be given; and

    • (b) inform the employer in writing of the length of leave intended to be taken.

  • Marginal note:Notice of change in length of leave

    (2) Every employee who intends to take or who is on a leave of absence from employment under section 206 or 206.1 shall give at least four weeks notice in writing to the employer of any change in the length of leave intended to be taken, unless there is a valid reason why that notice cannot be given.

  • R.S., 1985, c. L-2, s. 207;
  • R.S., 1985, c. 9 (1st Supp.), s. 10;
  • 1993, c. 42, s. 28.
Marginal note:Minimum periods of leave

 Subject to the regulations, a leave of absence under any of sections 206.3 to 206.5 may only be taken in one or more periods of not less than one week’s duration.

  • 2014, c. 20, s. 243.
 
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