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

Leave Related to Pregnancy Loss

Marginal note:Definitions

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

  common-law partner

  common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

  stillbirth

  stillbirth means the complete expulsion or extraction of a foetus from a person on or after the 20th week of pregnancy or after the foetus has attained at least 500 g, without any breathing, beating of the heart, pulsation of the umbilical cord or movement of voluntary muscle from the foetus after the expulsion or extraction. (mortinaissance)

• Marginal note:Eligible employees

  (2) An employee is eligible for the leave of absence referred to in subsection (3) if

  • (a) their pregnancy does not result in a live birth;

  • (b) the pregnancy of their spouse or common-law partner does not result in a live birth; or

  • (c) they intended to be the legal parent of the child that would have been born had another person’s pregnancy resulted in a live birth.

• Marginal note:Entitlement to leave

  (3) An employee who is eligible for a leave of absence under subsection (2) is entitled to and shall be granted a leave of absence of up to

  • (a) eight weeks, if the pregnancy resulted in a stillbirth; or

  • (b) three days, in any other case.

• Marginal note:Pregnancy with multiples

  (4) For the purposes of this section, the following apply in respect of a pregnancy of more than one foetus:

  • (a) an employee may take only one leave of absence under subsection (3) in respect of the pregnancy; and

  • (b) a pregnancy that does not result in a live birth includes a pregnancy that has ended without a live birth in respect of at least one foetus.

• Marginal note:Period when leave may be taken

  (5) The period during which the employee may take a leave of absence begins on the day on which the pregnancy does not result in a live birth and ends 26 weeks after that day.

• Marginal note:Leave with pay

  (6) If the employee has completed three consecutive months of continuous employment with the employer, the employee is entitled to the first three days of leave with pay at their regular rate of wages for their normal hours of work, and such pay shall for all purposes be considered to be wages.

• Marginal note:Division of leave

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

• Marginal note:Regulations

  (8) The Governor in Council may make regulations defining any expression for the purposes of this section, including the expressions “regular rate of wages” and “normal hours of work”.

Personal Leave

Marginal note:Leave — five days

• 206.6 (1) Every employee is entitled to and shall be granted a leave of absence from employment of up to five days in every calendar year for

  • (a) [Repealed, 2021, c. 27, s. 6]

  • (b) carrying out responsibilities related to the health or care of any of their family members;

  • (c) carrying out responsibilities related to the education of any of their family members who are under 18 years of age;

  • (d) addressing any urgent matter concerning themselves or their family members;

  • (e) attending their citizenship ceremony under the Citizenship Act; and

  • (f) any other reason prescribed by regulation.

• Marginal note:Leave with pay

  (2) If the employee has completed three consecutive months of continuous employment with the employer, the employee is entitled to the first three days of the leave with pay at their regular rate of wages for their normal hours of work, and such pay shall for all purposes be considered to be wages.

• Marginal note:Division of leave

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

• Marginal note:Documentation

  (4) The employer may, in writing and no later than 15 days after an employee’s return to work, request that the employee provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations for the purposes of this section, including regulations

  • (a) setting out the other reasons for taking leave under paragraph (1)(f);

  • (b) defining the expressions “regular rate of wages” and “normal hours of work”; and

  • (c) specifying the persons who are the employee’s family members.

Leave for Victims of Family Violence

Marginal note:Definitions

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

  child 

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

  parent

  parent has the same meaning as in subsection 206.5(1) but does not include a curator to the person. (parent)

• Marginal note:Leave — 10 days

  (2) Every employee who is a victim of family violence or who is the parent of a child who is a victim of family violence is entitled to and shall be granted a leave of absence from employment of up to 10 days in every calendar year, in order to enable the employee, in respect of such violence,

  • (a) to seek medical attention for themselves or their child in respect of a physical or psychological injury or disability;

  • (b) to obtain services from an organization which provides services to victims of family violence;

  • (c) to obtain psychological or other professional counselling;

  • (d) to relocate temporarily or permanently;

  • (e) to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding; or

  • (f) to take any measures prescribed by regulation.

• Marginal note:Leave with pay

  (2.1) If the employee has completed three consecutive months of continuous employment with the employer, the employee is entitled to the first five days of the leave with pay at their regular rate of wages for their normal hours of work, and such pay shall for all purposes be considered to be wages.

• Marginal note:Exception

  (3) An employee is not entitled to a leave of absence with respect to any act of family violence if the employee is charged with an offence related to that act or if it is probable, considering the circumstances, that the employee committed that act.

• Marginal note:Division of leave

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

• Marginal note:Documentation

  (5) The employer may, in writing and no later than 15 days after an employee’s return to work, request the employee to provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.

• Marginal note:Regulations

  (6) The Governor in Council may make regulations defining the expressions “regular rate of wages” and “normal hours of work” for the purposes of subsection (2.1).

Leave for Traditional Aboriginal Practices

Marginal note:Leave — five days

• 206.8 (1) Every employee who is an Aboriginal person and who has completed three consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to five days in every calendar year, in order to enable the employee to engage in traditional Aboriginal practices, including

  • (a) hunting;

  • (b) fishing;

  • (c) harvesting; and

  • (d) any practice prescribed by regulation.

• Marginal note:Division of leave

  (2) 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:Documentation

  (3) The employer may, in writing and no later than 15 days after an employee’s return to work, request the employee to provide documentation that shows the employee as an Aboriginal person. The employee shall provide that documentation only if it is reasonably practicable for him or her to obtain and provide it.

• Marginal note:Definition of Aboriginal

  (4) For the purposes of this section, Aboriginal means Indian, Inuit or Métis.

Leave for Court or Jury Duty

Marginal note:Entitlement to leave

206.9 Every employee is entitled to and shall be granted a leave of absence from employment to attend court to

• (a) act as a witness in a proceeding;

• (b) act as a juror in a proceeding; or

• (c) participate in a jury selection process.

General

Marginal note:Notification to employer

• 207 (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.

Marginal note:Minimum periods of leave

207.01 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.

Marginal note:Interruption

• 207.02 (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 — medical leave

  (3) Except to the extent that it is inconsistent with subsection 239(7), 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).

• (3.1) [Repealed, 2021, c. 26, s. 23]

• 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).

Marginal note:Notice to employer  — interruption of leave

• 207.1 (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.

Marginal note:Notification to employer — interruption for child’s hospitalization

• 207.2 (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: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 health care practitioner 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.