Canada Labour Code

Marginal note:Entitlement to leave

• 239.01 (1) Subject to subsection (8), every employee is entitled to and shall be granted a leave of absence from employment of

  • (a) up to two weeks — or, if another number of weeks is fixed by regulation, that number of weeks — if the employee is unable to work because

    • (i) they contracted or might have contracted COVID-19,

    • (ii) they have underlying conditions, are undergoing treatments or have contracted other sicknesses that, in the opinion of a medical practitioner, nurse practitioner, person in authority, government or public health authority, would make them more susceptible to COVID-19, or

    • (iii) they have isolated themselves on the advice of their employer, a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19; and

  • (b) subject to subsection (3), up to 26 weeks — or, if another number of weeks is fixed by regulation, that number of weeks — if the employee is unable to work because

    • (i) they must care for a child who is under 12 years of age on the first day of the period of leave because

      • (A) the school or other facility that the child normally attends is, for reasons related to COVID-19, closed, open only at certain times or open only for certain children,

      • (B) the child cannot attend the school or other facility because

        • (I) the child contracted or might have contracted COVID-19,

        • (II) the child is in isolation on the advice of a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19, or

        • (III) the child would, in the opinion of a medical practitioner or nurse practitioner, be at risk of having serious health complications if the child contracted COVID-19, or

      • (C) the person who usually cares for the child is not available for reasons related to COVID-19, or

    • (ii) they must care for a family member who requires supervised care because

      • (A) the day program or facility that the family member normally attends is, for reasons related to COVID-19, unavailable or closed, available or open only at certain times or available or open only for certain persons,

      • (B) the family member cannot attend the day program or facility because

        • (I) the family member contracted or might have contracted COVID-19,

        • (II) the family member is in isolation on the advice of their employer, a medical practitioner, nurse practitioner, person in authority, government or public health authority for reasons related to COVID-19, or

        • (III) the family member would, in the opinion of a medical practitioner or nurse practitioner, be at risk of having serious health complications if the family member contracted COVID-19, or

      • (C) the care services that are normally provided to the family member at their place of residence are not available for reasons related to COVID-19.

• Marginal note:Definitions

  (2) The following definitions apply in subsection (1).

  COVID-19

  COVID-19 means the coronavirus disease 2019. (COVID-19)

  family member

  family member, in respect of a person, includes anyone whom the person considers to be like a close relative or who considers the person to be like a close relative. (membre de la famille)

  medical practitioner

  medical practitioner means a person who is entitled to practise medicine under the laws of a province. (médecin)

  nurse practitioner

  nurse practitioner means a registered nurse who, under the laws of a province, is entitled to practise as a nurse practitioner — or under an equivalent designation — and to autonomously make diagnoses, order and interpret diagnostic tests, prescribe substances and treat patients. (infirmier praticien)

• Marginal note:Aggregate leave — paragraph (1)(b)

  (3) Subject to subsection (5), the aggregate amount of leave that an employee may take under paragraph (1)(b) is not to exceed 26 weeks, or, if another number of weeks is fixed for the purposes of that paragraph, that number of weeks.

• Marginal note:Clarification

  (4) For greater certainty, any period of leave taken by an employee under subsection (1), as it read on September 30, 2020, does not count towards the maximum number of weeks referred to in subsection (3).

• Marginal note:Aggregate leave — more than one employee

  (5) The aggregate amount of leave that may be taken under paragraph (1)(b) by two or more employees who reside in the same household is not to exceed 26 weeks or, if another number of weeks is fixed for the purposes of that paragraph, that number of weeks.

• Marginal note:Division of leave

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

• Marginal note:Limitation

  (7) If two or more employees reside in the same household, only one of them may take a leave of absence under paragraph (1)(b) during any particular period.

• Marginal note:Notice to employer

  (8) An employee who intends to take a leave of absence under this Division must, as soon as possible, give written notice to the employer of the reasons for the leave and the length of the leave that they intend to take.

• Marginal note:Change in length of leave

  (9) An employee must, as soon as possible, give written notice to the employer of any change in the length of the leave of absence taken under this Division.

• Marginal note:Written declaration

  (10) The employer may require an employee to provide a written declaration in support of the reasons for the leave of absence taken under this Division and of any change in the length of that leave.

• Marginal note:Employment opportunities

  (11) An employee is entitled, on written request, to be informed in writing of every employment, promotion or training opportunity that arises during the period when the employee is on a leave of absence under this Division and for which the employee is qualified, and on receiving that request, the employer must provide the information to the employee.

• Marginal note:Prohibition

  (12) Subject to subsection (13), an employer is prohibited from dismissing, suspending, laying off, demoting or disciplining an employee because the employee intends to take or has taken a leave of absence under this Division or taking such an intention or absence into account in any decision to promote or train the employee.

• Marginal note:Exception

  (13) An employer may assign to a different position, with different terms and conditions of employment, any employee who, after a leave of absence under this Division, is unable to perform the work performed by the employee prior to the absence.

• Marginal note:Benefits continue

  (14) The pension, health and disability benefits and the seniority of an employee who is absent from work due to a leave of absence under this Division accumulate during the entire period of the leave.

• Marginal note:Contributions by employee

  (15) If contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (14), 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, at the commencement of the absence or within a reasonable time after, the employee notifies the employer of the employee’s intention to discontinue contributions during that period.

• Marginal note:Contributions by employer

  (16) An employer who pays contributions in respect of a benefit referred to in subsection (14) must 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 absent, unless the employee does not pay the employee’s contributions, if any, within a reasonable time.

• Marginal note:Failure to pay contributions

  (17) 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 (15) and (16), the benefits do not accumulate during the leave of absence under this Division and employment on the employee’s return to work is deemed to be continuous with employment before the employee’s absence.

• Marginal note:Deemed continuous employment

  (18) For the purposes of calculating benefits, other than benefits referred to in subsection (14), of an employee who is absent from work due to a leave of absence under this Division, employment on the employee’s return to work is to be deemed to be continuous with employment before the employee’s absence.

• Marginal note:Regulations

  (19) The Governor in Council may, by regulation,

  • (a) define terms for the purposes of this Division; and

  • (b) fix a number of weeks for the purposes of paragraph (1)(a) or (b).