Canada Labour Code

Marginal note:Interpretation

• 206.4 (1) For the purposes of this section, care, critically ill adult, critically ill child, family member, medical doctor, nurse practitioner 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).

• Marginal note:Leave — 37 weeks

  (2) Every employee who has completed six consecutive months of continuous employment with an employer and 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 medical doctor or nurse practitioner 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 family members; and

  • (b) sets out the period during which the child requires that care or support.

• Marginal note:Leave — 17 weeks

  (2.1) Every employee who has completed six consecutive months of continuous employment with an employer and 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 medical doctor or nurse practitioner has issued a certificate that

  • (a) states that the adult is a critically ill adult and requires the care or support of one or more of their family members; and

  • (b) sets out the period during which the adult 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) or (2.1) 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 or adult, as the case may be, that meets the requirements of subsection (2) or (2.1), or

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

  • (b) ends on the last day of the week in which either of the following occurs:

    • (i) the child or adult, as the case may be, 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

  (5) The aggregate amount of leave that may be taken by employees under this section during the period referred to in subsection (4) must not exceed

  • (a) in respect of the same critically ill child, 37 weeks; or

  • (b) in respect of the same critically ill adult, 17 weeks.

• Marginal note:Limitation

  (6) No leave may be taken by one or more employees under subsection (2.1) before the end of the period referred to in subsection (4) if leave was granted under subsection (2) in respect of the same person.

• Marginal note:Limitation — section 206.3

  (7) No leave may be taken by one or more employees under section 206.3 before the end of the leave taken under subsection (2) or (2.1) in respect of the same person.