Canada Labour Code

Marginal note:Definitions

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

  common-law partner

  conjoint de fait

  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)

  family member

  membre de la famille

  family member, in relation to an employee, means

  • (a) a spouse or common-law partner of the employee;

  • (b) a child of the employee or a child of the employee’s spouse or common-law partner;

  • (c) a parent of the employee or a spouse or common-law partner of the parent; and

  • (d) any other person who is a member of a class of persons prescribed for the purposes of this definition or the definition family member in subsection 23.1(1) or 152.01(1) of the Employment Insurance Act. (membre de la famille)

  qualified medical practitioner

  médecin qualifié

  qualified medical practitioner means a person who is entitled to practise medicine under the laws of a jurisdiction in which care or treatment of the family member is provided and includes a member of a class of medical practitioners prescribed for the purposes of subsection 23.1(3) or 152.06(2) of the Employment Insurance Act. (médecin qualifié)

  week

  semaine

  week means the period between midnight on Saturday and midnight on the immediately following Saturday. (semaine)

• Marginal note:Entitlement to leave

  (2) Subject to subsections (3) to (8), every employee is entitled to and shall be granted a leave of absence from employment of up to 28 weeks to provide care or support to a family member of the employee if a qualified medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from

  • (a) the day the certificate is issued; or

  • (b) if the leave was commenced before the certificate was issued, the day the leave was commenced.

• Marginal note:Period when leave may be taken

  (3) The leave of absence may only be taken during the period

  • (a) that starts with

    • (i) the first day of the week in which the certificate is issued, or

    • (ii) if the leave was commenced before the certificate was issued, the first day of the week in which the leave was commenced if the certificate is valid from any day in that week; and

  • (b) that ends with the last day of the week in which either of the following occurs, namely,

    • (i) the family member dies, or

    • (ii) the period of 52 weeks following the first day of the week referred to in paragraph (a) ends.

• Marginal note:Certificate not necessary

  (3.1) For greater certainty, but subject to subsection (3), for leave under this section to be taken after the end of the period of 26 weeks set out in subsection (2), it is not necessary for a qualified medical practitioner to issue an additional certificate under that subsection.

• Marginal note:Shorter period

  (4) If a shorter period is prescribed by regulation for the purposes of subsection 23.1(5) or 152.06(4) of the Employment Insurance Act,

  • (a) the certificate referred to in subsection (2) must state that the family member has a serious medical condition with a significant risk of death within that period; and

  • (b) that shorter period applies for the purposes of subparagraph (3)(b)(ii).

• Marginal note:Expiry of shorter period

  (5) When a shorter period referred to in subsection (4) has expired in respect of a family member, no further leave may be taken under this section in respect of that family member until the minimum number of weeks prescribed for the purposes of subsection 12(4.3) or 152.14(7) of the Employment Insurance Act has elapsed.

• (6) [Repealed, 2014, c. 20, s. 242]

• Marginal note:Aggregate leave — more than one employee

  (7) The aggregate amount of leave that may be taken by two or more employees under this section in respect of the care or support of the same family member shall not exceed 28 weeks in the period referred to in subsection (3).

• Marginal note:Copy of certificate

  (8) If requested in writing by the employer within 15 days after an employee’s return to work, the employee must provide the employer with a copy of the certificate referred to in subsection (2).

• Marginal note:Application

  (9) The references in this section to provisions that are in Part VII.1 of the Employment Insurance Act apply only in relation to employees who are self-employed persons referred to in paragraph (b) of the definition self-employed person in subsection 152.01(1) of that Act.