Marginal note:Interpretation
206.4 (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
- Date modified: