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Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

Assented to 2018-12-13

PART 4Various Measures (continued)

DIVISION 15Modernization of the Canada Labour Code (continued)

SUBDIVISION AR.S., c. L-2Canada Labour Code (continued)

 The heading of Division VII of Part III of the Act is replaced by the following:

Maternity-related Reassignment and Leave and Other Leaves

 Subsection 204(2) of the Act is replaced by the following:

  • Marginal note:Certificate

    (2) An employee’s request under subsection (1) must be accompanied by a certificate from a health care 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.

  •  (1) Subsections 205(3) and (4) of the Act are replaced by the following:

    • 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 certificate issued under subsection 204(2) is not reasonably practicable.

    • Marginal note:Employee to be informed

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

  • (2) Subsection 205(6) of the Act is replaced by the following:

    • 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 certificate.

 Sections 205.1 and 205.2 of the Act are replaced by the following:

Marginal note:Entitlement to leave

205.1 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 issued by a health care 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.

Marginal note:Employee’s duty to inform employer

205.2 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 certificate issued by a health care practitioner, unless there is a valid reason why that notice cannot be given, and the notice must be accompanied by a new certificate.

 Subsection 206(1) of the Act is replaced by the following:

Marginal note:Entitlement to leave

  • 206 (1) Every employee is entitled to and shall be granted a leave of absence from employment of up to 17 weeks, which leave may begin not earlier than 13 weeks prior to the estimated date of her confinement and end not later than 17 weeks following the actual date of her confinement, if the employee provides her employer with a certificate of a health care practitioner certifying that she is pregnant.

  •  (1) Subsection 206.1(1) of the Act is replaced by the following:

    Marginal note:Entitlement to leave

    • 206.1 (1) Subject to subsections (2) and (3), every employee is entitled to and shall be granted a leave of absence from employment of up to 63 weeks to care for a newborn child of the employee or a child who is in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides.

  • (2) Subsection 206.1(2.1) of the Act is replaced by the following:

    • Marginal note:Extension of period

      (2.1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

  • (3) Subsection 206.1(2.4) of the Act is replaced by the following:

    • Marginal note:Interruption

      (2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

  • (4) Subsection 206.1(4) of the Act is replaced by the following:

    • Marginal note:Exception — medical leave

      (4) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239(1).

  •  (1) Subsection 206.3(1) of the Act is replaced by the following:

    Marginal note:Definitions

    • 206.3 (1) For the purposes of this section, care, family member and support have, subject to the regulations, the same meanings as in the regulations made under the Employment Insurance Act and week means the period between midnight on Saturday and midnight on the immediately following Saturday.

  • (2) The portion of subsection 206.3(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Entitlement to leave

      (2) Subject to subsections (3) to (8), every employee is entitled to and shall be granted a leave of absence from employment of up to 28 weeks to provide care or support to a family member of the employee if a health care practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from

  • (3) Subsection 206.3(2.1) of the Act is repealed.

  • (4) Subsection 206.3(3.1) of the English version of the Act is replaced by the following:

    • Marginal note:Certificate not necessary

      (3.1) For greater certainty, but subject to subsection (3), for leave under this section to be taken after the end of the period of 26 weeks set out in subsection (2), it is not necessary for a health care practitioner to issue an additional certificate under that subsection (2).

  •  (1) Subsection 206.4(1) of the Act is replaced by the following:

    Marginal note:Definitions

    • 206.4 (1) For the purposes of this section, care, critically ill adult, critically ill child, family member and support have, subject to the regulations, 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).

  • (2) The portion of subsection 206.4(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Leave — 37 weeks

      (2) Every employee who is a family member 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 health care practitioner has issued a certificate that

  • (3) The portion of subsection 206.4(2.1) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Leave — 17 weeks

      (2.1) Every employee who is a family member of a critically ill adult is entitled to and shall be granted a leave of absence from employment of up to 17 weeks in order to care for or support that adult if a health care practitioner has issued a certificate that

  • (4) Subsection 206.4(3) of the Act is repealed.

  • (5) Subparagraph 206.4(4)(a)(ii) of the Act is replaced by the following:

    • (ii) if the leave begins before the day on which the certificate is issued, the day from which the health care practitioner certifies that the child or adult, as the case may be, is critically ill; and

 
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