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

Marginal note:Effect of leave

 Notwithstanding the provisions of any income-replacement scheme or any insurance plan in force at the workplace, an employee who takes a leave of absence under this Division is entitled to benefits under the scheme or plan on the same terms as any employee who is absent from work for health-related reasons and is entitled to benefits under the scheme or plan.

  • 1993, c. 42, s. 30.
Marginal note:Status of certificate

 A medical certificate given pursuant to this Division is conclusive proof of the statements contained therein.

  • 1993, c. 42, s. 30.
Marginal note:Prohibition
  •  (1) No employer shall dismiss, suspend, lay off, demote or discipline an employee because the employee is pregnant or has applied for leave of absence in accordance with this Division or take into account the pregnancy of an employee or the intention of an employee to take leave of absence from employment under this Division in any decision to promote or train the employee.

  • Marginal note:Prohibition

    (2) The prohibitions set out in subsection (1) also apply in respect of an employee who has taken a leave of absence under any of sections 206.3 to 206.5.

  • R.S., 1985, c. 9 (1st Supp.), s. 10;
  • 2003, c. 15, s. 28;
  • 2012, c. 27, s. 9.
Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) specifying the absences from employment that are deemed not to have interrupted continuous employment referred to in sections 206, 206.1, 206.4 and 206.5;

  • (a.1) prescribing classes of persons for the purposes of paragraph (d) of the definition family member in subsection 206.3(1);

  • (a.2) prescribing the maximum number of periods of leave of absence that an employee may take under any of sections 206.3 to 206.5;

  • (b) specifying what does, or does not, constitute an essential function of a job referred to in section 208;

  • (c) specifying what does not constitute a valid reason for not reinstating an employee in the position referred to in subsection 209.1(2);

  • (d) enlarging the meaning of critically ill child in subsection 206.4(1) and prescribing other persons to be included in the meanings of parent and specialist medical doctor in that subsection;

  • (e) defining or determining what constitutes a same event in subsections 206.4(5) and (6);

  • (f) prescribing offences to be excluded from the definition of crime in subsection 206.5(1) and prescribing other persons to be included in the definition of parent in that subsection;

  • (g) prescribing periods of consecutive months of continuous employment that are shorter than six months for the purposes of subsections 206.4(2) and 206.5(2) and (3);

  • (h) prescribing cases, other than those set out in subsection 206.5(4), in which an employee is not entitled to a leave of absence and cases in which an employee is entitled to a leave of absence even if they are charged with the crime;

  • (i) prescribing documentation that the employer may require under subsection 207.3(4);

  • (j) specifying the circumstances in which a leave under this Division may be interrupted; and

  • (k) extending the period within which a leave under this Division may be taken.

  • R.S., 1985, c. 9 (1st Supp.), s. 10;
  • 1993, c. 42, s. 31;
  • 2003, c. 15, s. 29;
  • 2012, c. 27, s. 10;
  • 2014, c. 20, s. 246.
Marginal note:Application of section 189

 Section 189 applies for the purposes of this Division.

  • R.S., 1985, c. 9 (1st Supp.), s. 10.

DIVISION VIIIBereavement Leave

Marginal note:Employee entitled
  •  (1) Every employee is entitled to and shall be granted, in the event of the death of a member of his immediate family, bereavement leave on any of his normal working days that occur during the three days immediately following the day of the death.

  • Marginal note:Bereavement leave with pay

    (2) Every employee who has completed three consecutive months of continuous employment by an employer and is entitled to bereavement leave under subsection (1) is entitled to such leave with pay at his regular rate of wages for his normal hours of work, and such pay shall for all purposes be deemed to be wages.

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations

    • (a) defining the expression “immediate family” for the purposes of subsection (1);

    • (b) defining the expressions “regular rate of wages” and “normal hours of work” for the purposes of subsection (2); and

    • (c) for the purposes of this Division, defining the absences from employment that shall be deemed not to have interrupted continuity of employment.

  • Marginal note:Application of section 189

    (4) Section 189 applies for the purposes of this Division.

  • 1977-78, c. 27, s. 20;
  • 1980-81-82-83, c. 47, s. 27.

DIVISION IXGroup Termination of Employment

Marginal note:Definitions

 In this Division,

joint planning committee

comité mixte

joint planning committee means a committee established pursuant to section 214; (comité mixte)

redundant employee

surnuméraire

redundant employee means an employee whose employment is to be terminated pursuant to a notice under section 212; (surnuméraire)

trade union

syndicat

trade union means a trade union that is certified under Part I to represent any redundant employee or that is recognized by an employer of any redundant employee as the bargaining agent for that employee. (syndicat)

  • 1980-81-82-83, c. 89, s. 31.
Marginal note:Notice of group termination
  •  (1) Any employer who terminates, either simultaneously or within any period not exceeding four weeks, the employment of a group of fifty or more employees employed by the employer within a particular industrial establishment, or of such lesser number of employees as prescribed by regulations applicable to the employer made under paragraph 227(b), shall, in addition to any notice required to be given under section 230, give notice to the Minister, in writing, of his intention to so terminate at least sixteen weeks before the date of termination of the employment of the employee in the group whose employment is first to be terminated.

  • Marginal note:Copies of notice

    (2) A copy of any notice given to the Minister under subsection (1) shall be given immediately by the employer to the Minister of Employment and Social Development and the Canada Employment Insurance Commission and any trade union representing a redundant employee, and where any redundant employee is not represented by a trade union, a copy of that notice shall be given to the employee or immediately posted by the employer in a conspicuous place within the industrial establishment in which that employee is employed.

  • Marginal note:Contents of notice

    (3) A notice referred to in subsection (1) shall set out

    • (a) the date or dates on which the employer intends to terminate the employment of any one or more employees;

    • (b) the estimated number of employees in each occupational classification whose employment will be terminated; and

    • (c) such other information as is prescribed by the regulations.

  • Marginal note:Where employer deemed to terminate employment

    (4) Except where otherwise prescribed by regulation, an employer shall, for the purposes of this Division, be deemed to have terminated the employment of an employee where the employer lays off that employee.

  • R.S., 1985, c. L-2, s. 212;
  • 1996, c. 11, s. 67;
  • 2005, c. 34, s. 80;
  • 2013, c. 40, s. 238.
Marginal note:Cooperation with Commission
  •  (1) An employer who gives notice to the Minister under section 212 and any trade union to which a copy of that notice is given shall give the Canada Employment Insurance Commission any information requested by it for the purpose of assisting any redundant employee and shall cooperate with the Commission to facilitate the re-establishment in employment of that employee.

  • Marginal note:Statement of benefits

    (2) An employer who gives notice to the Minister under section 212 shall give each redundant employee, as soon as possible after the notice is so given but in any case not later than two weeks before the date of the termination of the employment of the employee, a statement in writing setting out, as at that date, his vacation benefits, wages, severance pay and any other benefits and pay arising from his employment with that employer.

  • R.S., 1985, c. L-2, s. 213;
  • 1996, c. 11, s. 99.
 
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