Canada Labour Code

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) treating their illness or injury;

  • (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.