Canada Labour Code

Marginal note:Definitions

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

  child

  child means a person who is under 25 years of age. (enfant)

  crime

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

  parent

  parent, with respect to a child, means

  • (a) a person who, in law, is a parent of the child;

  • (b) a person, other than a person referred to in paragraph (a), who, in law

    • (i) has custody of the child or, in Quebec, parental authority over the child,

    • (ii) is the guardian of the child or, in Quebec, the tutor or curator to the person of the child, or

    • (iii) has decision-making responsibility, as defined in subsection 2(1) of the Divorce Act, in respect of the child;

  • (c) 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; or

  • (d) a person prescribed to be a parent by regulations made under paragraph 209.4(f). (parent)

• Marginal note:Leave — 104 weeks

  (2) Every employee 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  —  child who has disappeared

  (3) Every employee 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 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

  • (a) the employee is charged with the crime; or

  • (b) in the case of an employee referred to in subsection (2), the child was 14 years of age or older at the time of the crime and 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 104 weeks after the day on which the death or disappearance, as the case may be, 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) on the 14th day after the day on which the child is found, if the child is found during the 104-week period, but no later than the end of the 104-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.