Canada Labour Code

Marginal note:Employer’s obligations

• 205 (1) An employer to whom a request has been made under subsection 204(1) shall examine the request in consultation with the employee and, where reasonably practicable, shall modify the employee’s job functions or reassign her.

• Marginal note:Rights of employee

  (2) An employee who has made a request under subsection 204(1) is entitled to continue in her current job while the employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to and shall be granted a leave of absence with pay at her regular rate of wages until the employer

  • (a) modifies her job functions or reassigns her, or

  • (b) informs her in writing that it is not reasonably practicable to modify her job functions or reassign her,

  and that pay shall for all purposes be deemed to be wages.

• Marginal note:Onus of proof

  (3) The onus is on the employer to show that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable.

• Marginal note:Employee to be informed

  (4) Where the employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the employer shall so inform the employee in writing.

• Marginal note:Status of employee

  (5) An employee whose job functions are modified or who is reassigned shall be deemed to continue to hold the job that she held at the time of making the request under subsection 204(1), and shall continue to receive the wages and benefits that are attached to that job.

• Marginal note:Employee’s right to leave

  (6) An employee referred to in subsection (4) is entitled to and shall be granted a leave of absence for the duration of the risk as indicated in the medical certificate.