Canada Labour Code

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).