1. Canada Labour Code Part III
Module Two
Leaves

2. Sick Leave – 17 Weeks Unpaid leave
Three consecutive months of continuous service
If requested by employer, employee must produce medical certificate within 15 days following return to work
Code provides job protection only
Contributions by employer continue if employee continues to pay their portion (e.g. pension, health and disability benefits).
Seniority continues to accrue if the employee has the length of time required (3 consecutive months of continuous service), has taken no more than 17 weeks leave, and has produced a medical certificate (if one was requested).
Prohibition:
An employer shall not dismiss, suspend, lay off, demote or discipline an employee because of absence due to illness or injury if:
(a) the employee has completed three consecutive months of continuous employment by the employer prior to the absence;
(b) the period of absence does not exceed 17 weeks; and
(c) the employee, if requested in writing by the employer within 15 days after his return to work, provides the employer with a certificate of a qualified medical practitioner certifying that the employee was incapable of working due to illness or injury for a specified period of time, and that that period of time coincides with the absence of the employee from work.
An employer may assign to a different position, with different terms and conditions of employment, any employee who, after an absence due to illness or injury, is unable to perform the work performed by the employee prior to the absence.

3. Bereavement Leave
Three days immediately following death of member of immediate family.
After three months continuous service, employee is entitled to bereavement leave with pay for normal working days which fall within the three days following the day of death.
Employees without the necessary continuous employment are entitled to leave without pay.
A normal working day is considered a scheduled day of work. Therefore, employees who do not have regularly scheduled hours are not normally eligible for bereavement leave with pay. However, the employer may still opt to pay the employee for bereavement leave.

4. Immediate Family Includes: spouse, including common-law partner;
parent and spouse of parent including common-law partner;
child of employee or of employee’s spouse;
grandchild;
sibling;
grandparent;
parent-in-law including common-law partner; and
any relative residing with employee.
Step relatives of the individual, such as step siblings and step parents, are not defined as immediate family for the purposes of the bereavement leave provisions of the Code.

5. Maternity-related Reassignment and Leave
A pregnant or nursing employee may request the employer modify her job functions or reassign her to another job.
A medical certificate stating current job functions poses a risk to her health or that of her child is required.
If employee is unable to work, employer must grant leave.
Leave would be without pay.
Entitlement is from beginning of pregnancy up to 24 weeks following birth.
There is a cross-over from Part II Occupational Health and Safety – Section 132 which provides:
protection to a pregnant or nursing woman who believes that her work constitutes a risk to her or her unborn child, before she is able to obtain a medical certificate.
this section provides that the employee has a right to be reassigned, have her duties modified or be granted paid leave until she is able to see her doctor
Section 204 (Part III, Labour Standards)
It is not mandatory that an employee take a leave of absence from work because she is pregnant.
Employee is entitled to leave with pay while the employer considers her request and modifies her job functions and/or reassigns her or informs her that it is not reasonably practicable to modify her job functions or to reassign her.
It is only when a pregnant employee is unable to perform an essential function of her job for whom no appropriate job is available that she may be required to take an unpaid leave of absence from employment for such time she is unable to perform the essential functions of her job.
Issue of “reasonably practicable”: please refer to 808/819-IPG 057
Medical certificate is required under Part III.
Once medical certificate is obtained which defines restrictions, employee is entitled to receive leave with pay until employer decides how to accommodate her.
Once the employer makes his/her decision, any leave granted is without pay.

6. Maternity Leave – 17 Weeks
Employee must:
have completed six months continuous service;
provide medical certificate by a qualified medical practitioner; and
give four weeks written notice to employer.
Leave may not begin earlier than 13 weeks prior to date of confinement.
Duration of leave is up to 17 weeks. (Can be extended up to date child is born if birth has not occurred in those 17 weeks).
Leave may not end later than 17 weeks following date of birth – except for interruption of leave if child is hospitalized.

7. Prohibition
An employer may not dismiss, suspend, lay off, demote or discipline an employee because she is pregnant or because she or he intends to take leave under this Division.
An employer cannot take pregnancy or a leave of absence under this Division into account in any decision not to promote or train an employee.
Could an employee ever receive lower pay upon returning to work?
Yes. If, during a leave period, the wages and benefits of a group of employees are reduced as part of a reorganization plan, an employee who is reinstated in that group will receive no more than the wages and benefits she or he would have received if she or he had been at work during the reorganization.
Likewise, if wages and benefits for the employee’s group are increased during leave, the employee would be entitled to the increases upon return to work.
It may also be possible that an employee’s employment may be terminated while on maternity leave. In these cases, the termination of employment is not because the employee is pregnant, but because the company is restructured and the position which the employee holds is cut.

8. Parental Leave – 63 Weeks Employee must:
have completed six months continuous service;
be the natural or adoptive parents; and
give four weeks written notice to employer.
Length of leave is up to 63 weeks
May be taken any time within the 78 week period following the birth or date of custody.
Must be taken in one block - except for interruptions.
63 weeks can be shared if both parents work for employers falling under federal jurisdiction.
Maximum aggregate leave = 78 weeks (Maternity + Parental)
Adoptive parents: REF IPG-014
Some jurisdictions, such as Quebec, have additional protection for paternity leave for fathers. However, this is not a provision of the Canada Labour Code.
Sharing of Leave
If one of the parents is covered under the Code and the other parent is regulated by a province or territorial jurisdiction, the leave may not be shared. The parent under the Code will be entitled to the maximum leave allowed and the other parent would be eligible for the leave provided for under the provincial / territorial legislation.
If two parents are both employees at federally regulated workplaces, they can only share the maximum leave (63 weeks).

9. Compassionate Care Leave – 28 Weeks
All employees are entitled to a leave of up to 28 weeks to care for or support a gravely ill family member with significant risk of death.
Leave may be taken in increments as small as one week.
Medical certificate is required, if requested by employer, within 15 days of the employee’s return to work.
Medical certificate can be provided by a medical doctor or a nurse practitioner.
If leave exceeds 4 weeks, a 4 week notice must be provided for any change in duration of leave
Code provides job protection only. Leave of absence under this section can only be taken in periods not less than one week’s duration.
Total amount of leave that may be taken by two or more employees in regards to the same family member is 28 weeks within a 52 week period.
If the family member is still gravely ill at the end of the 52 week period, the employee is entitled to an additional period up to 28 weeks of Compassionate Care Leave at the end of the initial 52 week period. In this case, the employee is not required to provide another medical certificate.
Medical certificate can be provided by a medical doctor or a nurse practitioner.
An employee may not take a leave related to compassionate care while:
•taking leave related to critical illness in respect of the same person; or
•one or more employees are taking leave related to critical illness in respect of the same person.
Both leaves must be taken separately; however, they can be taken consecutively if the employee is eligible.

10. Compassionate Care Leave
Definitions:
care, family member, medical doctor, nurse practitioner and support have same meaning as those under EI Act Subsection 23.(3) EI regulations Subsection 1(3)
Week means the period between midnight on Saturday and midnight on the immediately following Saturday.
The Code provides for job security only, no provisions for paid leave. However, some employees may be entitled to benefits under the Employment Insurance Act.
Medical Practitioner: (different than section 166)
Medical certificate can be provided by a medical doctor or a nurse practitioner.
A 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.
Week is defined as the period between midnight on Saturday and midnight on the immediate following Saturday (same definition as Division I)

11. Leave Related to Critical Illness (Child) – 37 Weeks
Employee must:
have completed 6 months of employment;
be a family member of a critically ill child;
provide a medical certificate from a medical doctor or nurse practitioner; and
give employer written notice of their intention to take leave as soon as possible.
Leave will commence on the first day of the week the certificate is issued; or from the day from which the medical doctor or nurse practitioner certifies that the child/children is critically ill.
Leave will end on the last day of the week in which the child/children dies; or when the 52-week period expires.
Leave Related to Critical Illness
 The Code provides for job security only. There are no provisions for paid leave under this section. However, some employees may qualify for benefits under the Employment Insurance Act. Employees should be directed to contact Service Canada for additional information ( or )
Critically ill child is a person under 18 years of age, on the day the leave begins, whose health has changed and whose life is at risk as a result of an illness or injury (as defined under the Employment Insurance Regulations)
The Code provides for job security only. There are no provisions for paid leave under this section. However, some employees may qualify for benefits under the Employment Insurance Act. Employees should be directed to contact Service Canada for additional information ( or )
Week is defined as the period between midnight on Saturday and midnight on the immediate following Saturday (same definition as Division I and ss (1)).
 Medical Certificate
 In order to qualify for the leave an employee must provide the employer with a medical certificate issued from a medical doctor or nurse practitioner, as defined under the Employment Insurance Regulations, stating that the child or adult is critically ill or injured and requires the care or support of one or more of their family members. 
An employee may not take leave due to critical illness for a child while one or more employees are taking compassionate care leave for the same person and vice versa. However, these leaves may be taken consecutively.

12. Leave Related to Critical Illness (Adult) – 17 Weeks
Employee must:
have completed 6 months of employment;
be a family member of a critically ill adult;
provide a medical certificate from a medical doctor or nurse practitioner; and
give employer written notice of their intention to take leave as soon as possible.
Leave will commence on first day of week the certificate is issued; or from the day from which the medical doctor or nurse practitioner certifies the adult family member is critically ill.
Leave will end on the last day of the week in which the adult dies; or when the 52-week period expires.
Leave Related to Critical Illness - Adult
 The Code provides for job security only. There are no provisions for paid leave under this section. However, some employees may qualify for benefits under the Employment Insurance Act. Employees should be directed to contact Service Canada for additional information ( or )
Week is defined as the period between midnight on Saturday and midnight on the immediate following Saturday (same definition as Division I and ss (1)).
 Medical Certificate
 In order to qualify for the leave an employee must provide the employer with a medical certificate issued from a medical doctor or nurse practitioner, as defined under the Employment Insurance Regulations, stating that the child or adult is critically ill or injured and requires the care or support of one or more of their family members. 
An employee may not take leave due to critical illness for an adult while one or more employees are taking compassionate care leave for the same person and vice versa. However, these leaves may be taken consecutively.

13. Leave Related to Death or Disappearance
Applies to the death or disappearance of a child resulting from crime as defined by the Criminal Code
Entitlement: up to 104 weeks (in the case of child’s death) or up to 52 weeks (in the case of child’s disappearance).
Employee must:
have completed 6 months of employment
be considered to be the “parent” of the child.
on request of employer, provide proof of entitlement to take leave.
Exception to entitlement: employee is charged with the crime or it is probable, considering the circumstances, that the child was party to the crime.
Leave Related to Death and Disappearance:
Entitlements
The Code provides for job security only. There are no provisions for paid leave under this section.  
Some employees may be entitled to financial assistance from the Federal Income Support for Parents of Murdered or Missing Children grant, which is administered through Service Canada. Information on the grant can be found at the following link:
Child is defined as a person under 18 years of age.
Crime is defined as an offence under the Criminal Code, other than one excluded by the regulations.
Criminal Code offences related to the death of a child include homicide, criminal negligence causing death, impaired driving or dangerous driving causing death, etc.
Parent includes:
A person who, in law, is a parent (a legal parent)
An adoptive parent
A person who has custody of, or in Quebec, parental authority over the child
A person who is the guardian of or, in Quebec, the tutor of the person of the child.
A person with whom the child is placed for the purposes of adoption under the laws governing adoption in the province in which the person resides.
Limitation and Requirements
Proof: The employer may require the employee to provide documentation (e.g. police report) in support of the employee’s request to take or change leave.
The leave for murdered or missing children shall be denied or revoked if the parent is charged with the crime or if it is probable, given the circumstances, that the child was party to the crime.   

14. Leave Related to Death or Disappearance (cont.)
Leave period will commence on the day on which the death or disappearance occurs.
The leave period will generally end:
on the day which the circumstances are such that it is no longer probable that the death or disappearance is a result of a crime; or
104-weeks (death) or 52-weeks (disappearance) after the day event occurs.
If within the 52-week period, but no later than the end of the 52-week period, the child disappears and is subsequently found, the leave will end:
Alive: 14 days after the day on which he/she is found
Deceased: 104 weeks after the day on which the disappearance occurs
If the child disappears and is subsequently found deceased, the employee may be eligible to take Leave Related to Death.
Circumstances
Circumstances that may be such that it is no longer probable that the death or disappearance is a result of a crime, may include, but are not limited to:
If it is determined that the child is a runaway (disappearance)
If suicide is determined as the cause of death
Additional information related to this leave can be found in the Labour Program’s Labour Standards pamphlet # 5C – Leave related to Death or Disappearance.

15. Work-Related Illness and Injury
Employer must subscribe to Workers Compensation Board or comparable plan
Employee may not be terminated for absence
Benefits continue
Must return employee to work after absence
May assign different tasks if employee is unable to perform former job

16. General Provisions
Employees on leave are entitled to continue pension, health and disability benefits while on leave.
Entitlement to training and job opportunities.
Entitled to their position upon return, or, if not available, a comparable position at same rate of pay and benefits.
Changes in wages or benefits.
Seniority accrues.
Exception to reinstatement:
After return to work after taking Compassionate Care Leave, Leave Related to Critical Illness, Leave Related to Death and Disappearance, Sick Leave, Work-related Illness and Injury or Reservists’ Leave, the employee is subject to the reinstatement conditions applicable to these leaves.
For example, an employee who has resumed parental leave after taking sick leave can be assigned to a different position, with different terms and conditions of employment, if he/she is no long able to perform the work performed prior to taking the leave.

17. General – Employees Entitlements, Rights and Obligations while on Leave
Employee contributions are required to receive usual entitlements to pension, healthcare and disability benefits.
Non-payment of contributions for the leave period has no impact on the employee’s employment status.
On written request, employees must be informed of every employment, training and promotion opportunity for which he/she is qualified that arise during the leave period.

18. Long-Term Disability Plans
Employers are required to insure any long-term disability plans:
self-insured plans may remain in place for employees who received or had applied for benefits before July 1, 2014.
Employers who provide long-term disability benefits must furnish proof that the plan is insured, if requested by and Inspector.