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

Full Document:  

Act current to 2021-04-05 and last amended on 2021-01-01. Previous Versions

PART IIIStandard Hours, Wages, Vacations and Holidays (continued)

DIVISION VIIMaternity-related Reassignment and Leave and Other Leaves (continued)

General (continued)

Marginal note:Right to benefits

  •  (1) The pension, health and disability benefits and the seniority of any employee who takes or is required to take a leave of absence from employment under this Division shall accumulate during the entire period of the leave.

  • Marginal note:Contributions by employee

    (2) Where contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (1), the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any leave of absence under this Division unless, before taking leave or within a reasonable time thereafter, the employee notifies the employer of the employee’s intention to discontinue contributions during that period.

  • Marginal note:Contributions by employer

    (2.1) An employer who pays contributions in respect of a benefit referred to in subsection (1) shall continue to pay those contributions during an employee’s leave of absence under this Division in at least the same proportion as if the employee were not on leave unless the employee does not pay the employee’s contributions, if any, within a reasonable time.

  • Marginal note:Failure to pay contributions

    (3) For the purposes of calculating the pension, health and disability benefits of an employee in respect of whom contributions have not been paid as required by subsections (2) and (2.1), the benefits shall not accumulate during the leave of absence and employment on the employee’s return to work shall be deemed to be continuous with employment before the employee’s absence.

  • Marginal note:Deemed continuous employment

    (4) For the purposes of calculating benefits of an employee who takes or is required to take a leave of absence from employment under this Division, other than benefits referred to in subsection (1), employment on the employee’s return to work shall be deemed to be continuous with employment before the employee’s absence.

  • R.S., 1985, c. 9 (1st Supp.), s. 10, c. 43 (3rd Supp.), s. 1
  • 2001, c. 34, s. 21(F)

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 certificate issued by a health care practitioner under this Division is conclusive proof of the statements contained in it.

  • 1993, c. 42, s. 30
  • 2018, c. 27, s. 475

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 206.9.

  • R.S., 1985, c. 9 (1st Supp.), s. 10
  • 2003, c. 15, s. 28
  • 2012, c. 27, s. 9
  • 2017, c. 33, s. 208
  • 2018, c. 27, s. 476

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 any of sections 206.6 to 206.8;

  • (a.1) [Repealed, 2017, c. 20, s. 267]

  • (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 care and support in subsections 206.3(1) and 206.4(1), and of critically ill adult and critically ill child in subsection 206.4(1);

  • (e) prescribing other persons to be included in the meanings of family member in subsections 206.3(1) and 206.4(1);

  • (e.1) adapting the terminology of the definitions of care, critically ill adult, critically ill child, family member and support in the regulations made under the Employment Insurance Act for the purposes of the definitions of those terms in subsections 206.3(1) and 206.4(1) of this Act;

  • (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 shorter periods of consecutive months of continuous employment for the purposes of subsections 206.6(2), 206.7(2.1) and 206.8(1);

  • (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;

  • (h.1) defining family violence for the purposes of section 206.7;

  • (h.2) prescribing cases, other than those set out in subsection 206.7(3), in which an employee is not entitled to a leave of absence and cases in which, despite that subsection, an employee is entitled to a leave of absence under subsection 206.7(2);

  • (h.3) prescribing documentation that the employer may request under any of subsections 206.6(4), 206.7(5) and 206.8(3);

  • (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
  • 2017, c. 20, s. 267
  • 2017, c. 33, s. 209
  • 2018, c. 27, s. 477
  • 2018, c. 27, s. 515

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 their immediate family, a leave of absence from employment of up to five days that may be taken during the period that begins on the day on which the death occurs and ends six weeks after the latest of the days on which any funeral, burial or memorial service of that immediate family member occurs.

  • Marginal note:Extension

    (1.1) At the request of the employee, the employer may extend, in writing, the period during which the leave of absence from employment may be taken.

  • Marginal note:Division of leave

    (1.2) The leave of absence may be taken in one or two periods. The employer may require that any period of leave be of not less than one day’s duration.

  • Marginal note:Notice to employer

    (1.3) Every employee who takes the leave of absence shall, as soon as possible, provide the employer with written notice of the beginning of any period of leave of absence and of the length of that leave.

  • Marginal note:Bereavement leave with pay

    (2) If the employee has completed three consecutive months of continuous employment with the employer, the employee is entitled to the first three days of the leave with pay at their regular rate of wages for their normal hours of work, and such pay shall for all purposes be considered 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.

  • R.S., 1985, c. L-2, s. 210
  • 2017, c. 33, s. 210
 
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