Canada Labour Code

Marginal note:Definitions

• 206.5 (1) The following definitions apply in this section.

  child

  child means a person who is under 18 years of age. (enfant)

  crime

  crime means an offence under the Criminal Code, other than one that is excluded by the regulations. (crime)

  parent

  parent with respect to a child, means a person who, in law, is a parent (including an adoptive parent), has the custody of or, in Quebec, parental authority over the child, or is the guardian of or, in Quebec, the tutor to the person of the child, or with whom the child is placed for the purposes of adoption under the laws governing adoption in the province in which the person resides. (parent)

• Marginal note:Leave — 104 weeks

  (2) Every employee is entitled to and shall be granted a leave of absence from employment of up to 104 weeks if the employee is the parent of a child who has died and it is probable, considering the circumstances, that the child died as a result of a crime.

• Marginal note:Leave — 52 weeks

  (3) Every employee is entitled to and shall be granted a leave of absence from employment of up to 52 weeks if the employee is the parent of a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime.

• Marginal note:Exception

  (4) An employee is not entitled to a leave of absence if the employee is charged with the crime or it is probable, considering the circumstances, that the child was a party to the crime.

• Marginal note:Period when leave may be taken

  (5) The period during which the employee may take a leave of absence

  • (a) begins on the day on which the death or disappearance, as the case may be, occurs; and

  • (b) ends

    • (i) in the case of leave under subsection (2), 104 weeks after the day on which the death occurs, or

    • (ii) in the case of leave under subsection (3), 52 weeks after the day on which the disappearance occurs.

• Marginal note:Disappearance of child

  (6) Despite paragraph (5)(b), in the case of a child who disappears and who is subsequently found, the period referred to in subsection (5) ends

  • (a) 14 days after the day on which the child is found, if the child is found during the 52-week period, but no later than the end of the 52-week period; or

  • (b) 104 weeks after the day on which the disappearance occurs if subsection (2) applies to the child.

• Marginal note:Clarification

  (7) For greater certainty, a leave under this section ends on the day on which the circumstances are such that it is no longer probable that the death or disappearance was the result of a crime.

• Marginal note:Aggregate leave  —  employees

  (8) The aggregate amount of leave that may be taken by employees under this section in respect of the same death or disappearance of a child — or the same children who die or disappear as a result of the same event — must not exceed 104 weeks in the case of a death or 52 weeks in the case of a disappearance.