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

Act current to 2017-11-20 and last amended on 2017-06-22. Previous Versions

Marginal note:Additional pay for holiday work
  •  (1) An employee who is required to work on a day on which they are entitled to holiday pay shall be paid, in addition to the holiday pay for that day, wages at a rate equal to at least one and one-half times their regular rate of wages for the time that they work on that day.

  • Marginal note:Employment in continuous operation

    (2) An employee employed in a continuous operation who is required to work on a day on which they are entitled to holiday pay shall

    • (a) be paid in accordance with subsection (1);

    • (b) be given a holiday with pay at some other time, either by adding it to their annual vacation or by granting it at a time convenient to both the employee and the employer; or

    • (c) be paid holiday pay for the first day on which they do not work after that day, if a collective agreement that is binding on the employer and the employee so provides.

  • Marginal note:Employees not entitled to holiday pay

    (3) If an employee who is not entitled to holiday pay under subsection 196(3) is required to work on a general holiday, they shall be paid at a rate equal to at least one and one-half times their regular rate of wages for the time that they work on that day unless they are employed in a continuous operation, in which case they are entitled to their regular rate of wages for the time that they work on that day.

  • R.S., 1985, c. L-2, s. 197;
  • 1993, c. 42, s. 22(F);
  • 2001, c. 34, s. 18(F);
  • 2012, c. 31, s. 221.

 [Repealed, 2012, c. 31, s. 221]

Marginal note:Holiday work for managers, etc.

 Despite section 197, an employee excluded from the application of Division I under subsection 167(2) who is required to work on a day on which they are entitled to holiday pay shall be given a holiday with pay at some other time, either by adding it to their annual vacation or by granting it at a time convenient to both the employee and the employer.

  • R.S., 1985, c. L-2, s. 199;
  • 2012, c. 31, s. 222.
Marginal note:Holiday pay deemed to be wages

 Holiday pay granted to an employee is for all purposes deemed to be wages.

  • R.S., 1985, c. L-2, s. 200;
  • 2012, c. 31, s. 222.
Marginal note:Application of section 189

 Section 189 applies for the purposes of this Division.

  • R.S., 1985, c. L-2, s. 201;
  • R.S., 1985, c. 9 (1st Supp.), s. 8;
  • 1993, c. 42, s. 24;
  • 2012, c. 31, s. 222.

 [Repealed, 2012, c. 31, s. 222]

 [Repealed, 2012, c. 31, s. 222]

DIVISION VIMulti-employer Employment

Definition of multi-employer employment

  •  (1) In this Division, multi-employer employment, as more particularly defined by the regulations, means employment in any occupation or trade in which, by custom of that occupation or trade, any or all employees would in the usual course of a working month be ordinarily employed by more than one employer.

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations

    • (a) defining more particularly the expression “multi-employer employment”; and

    • (b) modifying, to such extent as the Governor in Council deems necessary, the provisions of Division IV, V, VII, VIII, X, XI, XIII or XIV so that, as far as practicable, employees engaged in multi-employer employment will be entitled to the same rights and benefits under that Division as employees employed by one employer.

  • Marginal note:Idem, application

    (3) Any regulation made pursuant to subsection (2) may be made applicable to all federal works, undertakings or businesses or particularly to one or more such works, undertakings or businesses or such classes thereof or classes of employees thereof as may be specified in the regulations.

  • R.S., 1985, c. L-2, s. 203;
  • R.S., 1985, c. 9 (1st Supp.), s. 9.

DIVISION VIIReassignment, Maternity Leave, Parental Leave, Compassionate Care Leave, Leave Related to Critical Illness and Leave Related to Death or Disappearance

Maternity-related Reassignment and Leave

Marginal note:Reassignment and job modification
  •  (1) An employee who is pregnant or nursing may, during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, request the employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current job functions may pose a risk to her health or to that of the foetus or child.

  • Marginal note:Medical certificate

    (2) An employee’s request under subsection (1) must be accompanied by a certificate of a qualified medical practitioner of the employee’s choice indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk.

  • R.S., 1985, c. L-2, s. 204;
  • R.S., 1985, c. 9 (1st Supp.), s. 9;
  • 1993, c. 42, s. 26.
Marginal note:Employer’s obligations
  •  (1) An employer to whom a request has been made under subsection 204(1) shall examine the request in consultation with the employee and, where reasonably practicable, shall modify the employee’s job functions or reassign her.

  • Marginal note:Rights of employee

    (2) An employee who has made a request under subsection 204(1) is entitled to continue in her current job while the employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to and shall be granted a leave of absence with pay at her regular rate of wages until the employer

    • (a) modifies her job functions or reassigns her, or

    • (b) informs her in writing that it is not reasonably practicable to modify her job functions or reassign her,

    and that pay shall for all purposes be deemed to be wages.

  • Marginal note:Onus of proof

    (3) The onus is on the employer to show that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable.

  • Marginal note:Employee to be informed

    (4) Where the employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the employer shall so inform the employee in writing.

  • Marginal note:Status of employee

    (5) An employee whose job functions are modified or who is reassigned shall be deemed to continue to hold the job that she held at the time of making the request under subsection 204(1), and shall continue to receive the wages and benefits that are attached to that job.

  • Marginal note:Employee’s right to leave

    (6) An employee referred to in subsection (4) is entitled to and shall be granted a leave of absence for the duration of the risk as indicated in the medical certificate.

  • R.S., 1985, c. L-2, s. 205;
  • R.S., 1985, c. 9 (1st Supp.), s. 9;
  • 1993, c. 42, s. 26.
Marginal note:Entitlement to leave

 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 of a qualified medical 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.

  • 1993, c. 42, s. 26.
Marginal note:Employee’s duty to inform employer

 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 medical certificate, unless there is a valid reason why that notice cannot be given, and such notice must be accompanied by a new medical certificate.

  • 1993, c. 42, s. 26.

Maternity Leave

Marginal note:Entitlement to leave
  •  (1) Every employee who

    • (a) has completed six consecutive months of continuous employment with an employer, and

    • (b) provides her employer with a certificate of a qualified medical practitioner certifying that she is pregnant

    is entitled to and shall be granted a leave of absence from employment of up to seventeen weeks, which leave may begin not earlier than eleven weeks prior to the estimated date of her confinement and end not later than seventeen weeks following the actual 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.

  • R.S., 1985, c. L-2, s. 206;
  • R.S., 1985, c. 9 (1st Supp.), s. 10;
  • 1993, c. 42, s. 26;
  • 2012, c. 27, s. 3.
 
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