Canada Labour Code (R.S.C., 1985, c. L-2)

Act current to 2017-12-11 and last amended on 2017-12-03. Previous Versions

Leave Related to Death or Disappearance

Marginal note:Definitions
  •  (1) The following definitions apply in this section.

    child

    enfant

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

    crime

    crime

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

    parent

    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 who has completed six consecutive months of continuous employment with an employer 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 who has completed six consecutive months of continuous employment with an employer 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.

  • 2012, c. 27, s. 6.

General

Marginal note:Notification to employer
  •  (1) Every employee who intends to take a leave of absence from employment under section 206 or 206.1 shall

    • (a) unless there is a valid reason for not doing so, give at least four weeks notice in writing to the employer before the day on which the leave is to begin; and

    • (b) inform the employer in writing of the length of leave intended to be taken.

  • Marginal note:Exception — valid reason

    (1.1) If there is a valid reason for not providing notice in accordance with paragraph (1)(a), the employee shall notify the employer in writing as soon as possible that the employee intends to take a leave of absence.

  • Marginal note:Change in length of leave

    (2) Every employee who intends to take or who is on a leave of absence from employment under section 206 or 206.1 shall provide the employer with notice in writing of at least four weeks of any change in the length of leave intended to be taken, unless there is a valid reason why that notice cannot be given, in which case the employee shall provide the employer with notice in writing as soon as possible.

  • R.S., 1985, c. L-2, s. 207;
  • R.S., 1985, c. 9 (1st Supp.), s. 10;
  • 1993, c. 42, s. 28;
  • 2017, c. 20, s. 264.
Marginal note:Minimum periods of leave

 Subject to the regulations, a leave of absence under any of sections 206.3 to 206.5 may only be taken in one or more periods of not less than one week’s duration.

  • 2014, c. 20, s. 243.
Marginal note:Interruption
  •  (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1) or 239.1(1).

  • Marginal note:Resumption

    (2) The interrupted leave resumes immediately after the interruption ends.

  • Marginal note:Exception  — sick leave

    (3) Except to the extent that it is inconsistent with subsection 239(1.1), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239(1).

  • Marginal note:Exception  — work-related illness or injury

    (4) Except to the extent that it is inconsistent with subsections 239.1(3) and (4), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239.1(1).

  • 2014, c. 20, s. 243.
Marginal note:Notice to employer  — interruption of leave
  •  (1) An employee who intends to interrupt their leave under subsection 206.1(2.4) or 207.02(1) shall provide the employer with a notice in writing of the interruption before or as soon as possible after it begins.

  • Marginal note:Notice to employer  — resumption of leave

    (2) The employee shall provide the employer with a notice in writing of the day on which they resume their leave before or as soon as possible after that day.

  • 2012, c. 27, s. 7;
  • 2014, c. 20, s. 244.
Marginal note:Notification to employer — interruption for child’s hospitalization
  •  (1) An employee who intends to interrupt their maternity or parental leave in order to return to work as a result of the hospitalization of his or her child shall provide the employer with a notice in writing of the interruption as soon as possible.

  • Marginal note:Employer’s decision

    (2) The employer shall, within one week after receiving the notice, advise the employee in writing of the employer’s decision to accept or refuse the employee’s return to work.

  • Marginal note:Refusal

    (3) If the employer refuses the interruption or does not advise the employee within the week referred to in subsection (2), the leave under section 206 or 206.1 is extended by the number of weeks during which the child is hospitalized. The aggregate amounts of leave referred to in subsection 206.1(3) and section 206.2 are extended by the same number of weeks.

  • Marginal note:Medical certificate

    (4) The employer may, in writing and no later than 15 days after an employee’s return to work, require the employee to provide a certificate issued by a medical doctor, as defined in subsection 206.3(1), attesting to the child’s hospitalization.

  • Marginal note:End of interruption

    (5) An employee who intends to return to their maternity or parental leave after an interruption shall, as soon as possible, advise the employer in writing of the date on which the maternity or parental leave is to resume.

  • Marginal note:Limitation

    (6) The extension referred to in subsection (3) applies only once in respect of the same child.

  • 2012, c. 27, s. 7;
  • 2017, c. 20, s. 265.
 
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