Leaves of Absence from Work

Alberta - Leave of Absence

Division 7
Maternity Leave and Parental Leave

Entitlement to maternity leave

45. A pregnant employee who has been employed by an employer for at least 52 consecutive weeks is entitled to maternity leave without pay.

RSA 2000 cE‑9 s45;2001 c6 s2


Length of maternity leave

46(1) The maternity leave to which a pregnant employee is entitled is a period of not more than 15 weeks starting at any time during the 12 weeks immediately before the estimated date of delivery.

(2) An employee who takes maternity leave must take a period of leave of at least 6 weeks immediately following the date of delivery, unless the employee and her employer agree to shorten the period by the employee’s giving her employer a medical certificate indicating that resumption of work will not endanger her health.

RSA 2000 cE‑9 s46;2001 c6 s2


Notice of maternity leave

47(1) A pregnant employee must give her employer at least 6 weeks’ written notice of the date she will start her maternity leave, and if so requested by her employer, the pregnant employee must provide her employer with a medical certificate certifying that she is pregnant and giving the estimated date of delivery.

(2) A pregnant employee is entitled to start maternity leave on the date specified in the written notice given to her employer under subsection (1).

RSA 2000 cE‑9 s47;2001 c6 s2


No notice of maternity leave

48 An employee who does not give her employer prior notice of maternity leave before starting it is still entitled to maternity leave if, within 2 weeks after she ceases to work, she provides her employer with a medical certificate

(a) indicating that she is not able to work because of a medical condition arising from her pregnancy, and

(b) giving the estimated or actual date of delivery.

RSA 2000 cE‑9 s48;2001 c6 s2


Notice of employer to start maternity leave

49 If during the 12 weeks immediately before the estimated date of delivery the pregnancy of an employee interferes with the performance of her duties, an employer may give the employee written notice requiring her to start maternity leave.

RSA 2000 cE‑9 s49;2001 c6 s2


Parental leave

50(1) Subject to subsection (2), an employer must grant parental leave to an employee as follows:

(a) in the case of an employee entitled to maternity leave under this Division, a period of not more than 37 consecutive weeks immediately following the last day of maternity leave;

(b) in the case of a parent who has been employed by the employer for at least 52 consecutive weeks, a period of not more than 37 consecutive weeks within 52 weeks after the child’s birth;

(c) in the case of an adoptive parent who has been employed by the employer for at least 52 consecutive weeks, a period of not more than 37 consecutive weeks within 52 weeks after the child is placed with the adoptive parent for the purpose of adoption.

(2) If employees described in this section are parents of the same child, the parental leave granted under subsection (1) may

(a) be taken wholly by one of the employees, or

(b) be shared by the employees.

(3) If employees described in this section are parents of the same child and are employed by the same employer, the employer is not required to grant parental leave to more than one employee at a time.

2001 c6 s2


Notice of parental leave

51(1) An employee must give the employer at least 6 weeks’ written notice of the date the employee will start parental leave unless

(a) the medical condition of the birth mother or child makes it impossible to comply with this requirement;

(b) the date of the child’s placement with the adoptive parent was not foreseeable.

(2) If the employee cannot comply with the written notice requirement for any of the reasons stated in subsection (1)(a) or (b), the employee must give the employer written notice at the earliest possible time of the date the employee will start or has started parental leave.

(3) An employee is entitled to start parental leave on the date specified in the written notice given to the employer under subsection (1) or (2).

(4) Written notice under section 47(1) is deemed to be notice of parental leave under this section unless the notice specifically provides that it is not notice of parental leave, in which case this section applies.

(5) Employees who intend to share parental leave must advise their respective employers of their intention to share parental leave.

2001 c6 s2


Termination of employment prohibited during maternity leave and parental leave

52(1) No employer may terminate the employment of, or lay off, an employee who

(a) has started her maternity leave, or

(b) is entitled to or has started parental leave.

(2) Subsection (1) does not apply if an employer suspends or discontinues in whole or in part the business, undertaking or other activity in which the employee is employed, but the obligation of the employer to reinstate the employee or provide the employee with alternative work in accordance with section 53.1 continues to apply.

RSA 2000 cE‑9 s51;2001 c6 s2


Resumption of employment

53(1) Subject to section 46(2), an employee must give the employer at least 4 weeks’ written notice of the date on which the employee intends to resume work and in any event must give notice not later than 4 weeks before the end of the leave period to which the employee is entitled or 4 weeks before the date on which the employee has specified as the end of the employee’s leave period, whichever is earlier.

(2) If an employee has given notice that she intends to resume work on a date that is before the end of the 6‑week period referred to in section 46(2), the employee is entitled without further notice to an additional period of leave sufficient to meet the requirements of section 46(2).

(3) The additional period of leave referred to in subsection (2) is to be charged first against any remaining maternity leave to which the employee is entitled and then against parental leave, and if it is charged against parental leave the amount of parental leave referred to in section 50 is reduced accordingly.

(4) An employee is not entitled to resume working until the date specified in the written notice referred to in subsection (1) or the end of the additional period referred to in subsection (2), as the case may be.

(5) An employee must resume work on the date specified in the written notice or immediately following the end of the additional period, as the case may be, and if the employee fails to return to work on that date the employee is not entitled to resume work subsequently unless the failure to return to work resulted from unforeseeable or unpreventable circumstances.

(6) If an employee fails to provide at least 4 weeks’ notice before the end of the leave period to which the employee is entitled, the employee is not entitled to resume work unless the failure to provide the notice resulted from unforeseeable or unpreventable circumstances.

(7) Where an employee is entitled to resume work under this section, the employer must

(a) reinstate the employee in the position occupied when maternity or parental leave started, or

(b) provide the employee with alternative work of a comparable nature at not less than the earnings and other benefits that had accrued to the employee when the maternity or parental leave started.

(8) An employee who does not wish to resume employment after maternity or parental leave must give the employer at least 4 weeks’ written notice of intention to terminate employment.

RSA 2000 cE‑9 s52;2001 c6 s2


Suspension of operations

53.1 If the business, undertaking or other activity of an employer is suspended or discontinued in whole or in part during an employee’s maternity or parental leave and the employer has not resumed operations when the employee’s leave ends, the employer must, if the operation is subsequently resumed within 52 weeks following the end of the leave,

(a) reinstate the employee in the position occupied at the time the maternity or parental leave started, at not less than the earnings and other benefits that had accrued to the employee, or

(b) provide the employee with alternative work in accordance with an established seniority system or practice of the employer in force at the time the employee’s maternity or parental leave started, with no loss of seniority or other benefits accrued to the employee.

RSA 2000 cE‑9 s53;2001 c6 s2


Division 7.1
Reservist Leave

53.2(1) Subject to the regulations, an employee who has completed at least 26 consecutive weeks of employment with an employer and is a reservist is entitled to reservist leave without pay to take part in the following operations or activities:

(a) deployment to a Canadian Forces operation outside Canada;

(b) deployment to a Canadian Forces operation inside Canada that is or will be providing assistance in dealing with an emergency or with its aftermath;

(c) subject to the regulations, annual training, including related travel time, for an amount of up to 20 days in a calendar year;

(d) an operation or activity set out in the regulations made under subsection (7).

(2) Participation, whether inside or outside Canada, in pre‑deployment or post‑deployment operations or activities that are required by the Canadian Forces in connection with an operation described in subsection (1)(a) or (b) is considered deployment to the operation for the purposes of that subsection.

(3) An employee is entitled to reservist leave for the period of time prescribed by the regulations or, if no period is prescribed, for as long as subsection (1)(a), (b), (c) or (d) applies to the employee.

(4) An employee who intends to take reservist leave must give the employer at least 4 weeks’ written notice of the date the reservist leave is to start and the notice must also include

(a) in the case of leave in respect of an operation or activity referred to in subsection (1)(a), (b) or (d), the estimated date on which the employee intends to resume work, or

(b) in the case of leave for annual training referred to in subsection (1)(c), the actual date on which the employee intends to resume work.

(5) If an employee cannot comply with the notice requirement under subsection (4)(a) because of deployment in urgent circumstances, the employee must advise the employer in writing of the reservist leave as soon as is reasonable and practicable in the circumstances.

(6) Unless there is a valid reason for not doing so, an employee who takes reservist leave must advise the employer in writing of any change in the length of the leave as soon as is reasonable and practicable in the circumstances.

(7) The Minister may make regulations

(a) setting out operations or activities for the purpose of subsection (1)(d);

(b) respecting the circumstances in which annual training may be taken and the maximum amount of time that may be taken for training;

(c) respecting conditions that must be met before a 2nd or subsequent reservist leave may be taken;

(d) prescribing the period of time for the purposes of subsection (3).

2009 c4 s6


Request for proof

53.3 If an employer requests proof that an employee is entitled to reservist leave, the employee must provide the employer with a document from the employee’s commanding officer specifying

(a) that the employee is taking or has taken part in an operation or activity referred to in section 53.2(1),

(b) the day on which the leave is to start or started, and

(c) the estimated or actual length of the leave.

British Columbia - Leave of Absence

Part 6 — Leaves and Jury Duty

Pregnancy leave
50 (1) A pregnant employee who requests leave under this section is entitled to up to 17 consecutive weeks of unpaid leave

(a) beginning

(i) no earlier than 11 weeks before the expected birth date, and

(ii) no later than the actual birth date, and

(b) ending

(i) no earlier than 6 weeks after the actual birth date, unless the employee requests a shorter period, and

(ii) no later than 17 weeks after the actual birth date.

(2) An employee who requests leave under this section after the birth of a child or the termination of a pregnancy is entitled to up to 6 consecutive weeks of unpaid leave beginning on the date of the birth or of the termination of the pregnancy.

(3) An employee is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or the termination of the pregnancy, she is unable to return to work when her leave ends under subsection (1) or (2).

(4) A request for leave must

(a) be given in writing to the employer,

(b) if the request is made during the pregnancy, be given to the employer at least 4 weeks before the day the employee proposes to begin leave, and

(c) if required by the employer, be accompanied by a medical practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under subsection (3).

(5) A request for a shorter period under subsection (1) (b) (i) must

(a) be given in writing to the employer at least one week before the date the employee proposes to return to work, and

(b) if required by the employer, be accompanied by a medical practitioner's certificate stating the employee is able to resume work.

Parental leave
51 (1) An employee who requests parental leave under this section is entitled to,

(a) for a birth mother who takes leave under section 50 in relation to the birth of the child or children with respect to whom the parental leave is to be taken, up to 35 consecutive weeks of unpaid leave beginning immediately after the end of the leave taken under section 50 unless the employer and employee agree otherwise,

(b) for a birth mother who does not take leave under section 50 in relation to the birth of the child or children with respect to whom the parental leave is to be taken, up to 37 consecutive weeks of unpaid leave beginning after the child's birth and within 52 weeks after that event,

(c) for a birth father, up to 37 consecutive weeks of unpaid leave beginning after the child's birth and within 52 weeks after that event, and

(d) for an adopting parent, up to 37 consecutive weeks of unpaid leave beginning within 52 weeks after the child is placed with the parent.

(2) If the child has a physical, psychological or emotional condition requiring an additional period of parental care, the employee is entitled to up to an additional 5 consecutive weeks of unpaid leave, beginning immediately after the end of the leave taken under subsection (1).

(3) A request for leave must

(a) be given in writing to the employer,

(b) if the request is for leave under subsection (1) (a), (b) or (c), be given to the employer at least 4 weeks before the employee proposes to begin leave, and

(c) if required by the employer, be accompanied by a medical practitioner's certificate or other evidence of the employee's entitlement to leave.

(4) An employee's combined entitlement to leave under section 50 and this section is limited to 52 weeks plus any additional leave the employee is entitled to under section 50 (3) or subsection (2) of this section.

Family responsibility leave
52 An employee is entitled to up to 5 days of unpaid leave during each employment year to meet responsibilities related to

(a) the care, health or education of a child in the employee's care, or

(b) the care or health of any other member of the employee's immediate family.
Compassionate care leave

52.1 (1) In this section, "family member" means

(a) a member of an employee's immediate family, and

(b) any other individual who is a member of a prescribed class.

(2) An employee who requests leave under this section is entitled to up to 8 weeks of unpaid leave to provide care or support to a family member if a medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks, or such other period as may be prescribed, after

(a) the date the certificate is issued, or

(b) if the leave began before the date the certificate is issued, the date the leave began.

(3) The employee must give the employer a copy of the certificate as soon as practicable.

(4) An employee may begin a leave under this section no earlier than the first day of the week in which the period under subsection (2) begins.

(5) A leave under this section ends on the last day of the week in which the earlier of the following occurs:

(a) the family member dies;

(b) the expiration of 26 weeks or other prescribed period from the date the leave began.

(6) A leave taken under this section must be taken in units of one or more weeks.

(7) If an employee takes a leave under this section and the family member to whom subsection (2) applies does not die within the period referred to in that subsection, the employee may take a further leave after obtaining a new certificate in accordance with subsection (2), and subsections (3) to (6) apply to the further leave.

Reservists' leave
52.2 (1) In this section:

"Canadian Forces" has the same meaning as in section 14 of the National Defence Act (Canada);

"reservist" means a member of the reserve force, as defined in section 2 (1) of the National Defence Act (Canada).

(2) Subject to the regulations, an employee who is a reservist and who requests leave under this section is entitled to unpaid leave, for the period described in subsection (3), if

(a) the employee is deployed to a Canadian Forces operation outside Canada or is engaged, either inside or outside Canada, in a pre-deployment or post-deployment activity required by the Canadian Forces in connection with such an operation,

(b) the employee is deployed to a Canadian Forces operation inside Canada that is or will be providing assistance in dealing with an emergency or with its aftermath, or

(c) the prescribed circumstances apply.

(3) An employee who is a reservist is entitled to take leave under this section for the prescribed period or, if no period is prescribed, for as long as subsection (2) (a), (b) or (c) applies to the employee.

(4) Subject to subsection (5), a request for leave must

(a) be in writing,

(b) be given to the employer,

(i) unless subparagraph (ii) or (iii) applies, at least 4 weeks before the employee proposes to begin leave,

(ii) in the case of leave under subsection (2) (a) or (b), if the employee receives notice of the deployment less than 4 weeks before it will begin, as soon as practicable after the employee receives the notice, or

(iii) in the case of leave under subsection (2) (c), within the prescribed period, and

(c) include the date the employee proposes to begin leave and the date the employee proposes to return to work.

(5) If circumstances require leave to be taken beyond the date specified in the request under subsection (4) (c), the employee must

(a) notify the employer of the need for the extended leave and of the date the employee now proposes to return to work, and

(b) provide the notice referred to in paragraph (a),

(i) unless subparagraph (ii) or (iii) applies, at least 4 weeks before the date the employee had proposed, in the request under subsection (4), to return to work,

(ii) in the case of leave under subsection (2) (a) or (b), if the employee receives notice of the extended deployment less than 4 weeks before the date referred to in subparagraph (i), as soon as practicable after the employee receives the notice, or

(iii) in the case of a leave under subsection (2) (c), within the prescribed period.

(6) If an employee who is a reservist proposes to return to work earlier than specified in the request submitted under subsection (4) or the notice provided under subsection (5), if applicable, the employee must notify the employer of this proposal at least one week before the date the employee proposes to return to work.

(7) An employer may require an employee who takes leave under this section to provide further information respecting the leave.

(8) If an employer requires an employee to provide further information under subsection (7), the employee must

(a) provide the prescribed information in accordance with the regulations, or

(b) if no information is prescribed, provide information reasonable in the circumstances to explain why subsection (2) (a), (b) or (c) applies to the employee and provide it within a reasonable time after the employee learns of the requirement under subsection (7).

Bereavement leave
53 An employee is entitled to up to 3 days of unpaid leave on the death of a member of the employee's immediate family.

Duties of employer
54 (1) An employer must give an employee who requests leave under this Part the leave to which the employee is entitled.

(2) An employer must not, because of an employee's pregnancy or a leave allowed by this Part,

(a) terminate employment, or

(b) change a condition of employment without the employee's written consent.

(3) As soon as the leave ends, the employer must place the employee

(a) in the position the employee held before taking leave under this Part, or

(b) in a comparable position.

(4) If the employer's operations are suspended or discontinued when the leave ends, the employer must, subject to the seniority provisions in a collective agreement, comply with subsection (3) as soon as operations are resumed.

Jury duty
55 If an employee is required to attend court as a juror, the employer has the same duties under section 54 (2) to (4) in relation to the employee as if that employee were on leave under this Part.

Employment deemed continuous while employee on leave or jury duty
56 (1) The services of an employee who is on leave under this Part or is attending court as a juror are deemed to be continuous for the purposes of

(a) calculating annual vacation entitlement and entitlement under sections 63 and 64, and

(b) any pension, medical or other plan beneficial to the employee.

(2) In the following circumstances, the employer must continue to make payments to a pension, medical or other plan beneficial to an employee as though the employee were not on leave or attending court as a juror:

(a) if the employer pays the total cost of the plan;

(b) if both the employer and the employee pay the cost of the plan and the employee chooses to continue to pay his or her share of the cost.

(3) The employee is entitled to all increases in wages and benefits the employee would have been entitled to had the leave not been taken or the attendance as a juror not been required.

(4) Subsection (1) does not apply if the employee has, without the employer's consent, taken a longer leave than is allowed under this Part.

(5) Subsection (2) does not apply to an employee on leave under section 52.2.

Canada (Federal) - Leave of Absence

Division VII
Reassignment, Maternity Leave, Parental Leave and Compassionate Care Leave
Maternity-related Reassignment and Leave

Reassignment and job modification
204. (1) An employee who is pregnant or nursing may, during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, request the employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current job functions may pose a risk to her health or to that of the foetus or child.

Medical certificate
(2) An employee’s request under subsection (1) must be accompanied by a certificate of a qualified medical practitioner of the employee’s choice indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk.

R.S., 1985, c. L-2, s. 204; R.S., 1985, c. 9 (1st Supp.), s. 9; 1993, c. 42, s. 26.

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.

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.

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.

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.

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.

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.

R.S., 1985, c. L-2, s. 205; R.S., 1985, c. 9 (1st Supp.), s. 9; 1993, c. 42, s. 26.

Entitlement to leave
205.1 An employee who is pregnant or nursing is entitled to and shall be granted a leave of absence during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, if she provides the employer with a certificate of a qualified medical practitioner of her choice indicating that she is unable to work by reason of the pregnancy or nursing and indicating the duration of that inability.

1993, c. 42, s. 26.

Employee’s duty to inform employer
205.2 An employee whose job functions have been modified, who has been reassigned or who is on a leave of absence shall give at least two weeks notice in writing to the employer of any change in the duration of the risk or in the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given, and such notice must be accompanied by a new medical certificate.

1993, c. 42, s. 26.

Maternity Leave
Entitlement to leave
206. Every employee who
(a) has completed six consecutive months of continuous employment with an employer, and
(b) provides her employer with a certificate of a qualified medical practitioner certifying that she is pregnant
is entitled to and shall be granted a leave of absence from employment of up to seventeen weeks, which leave may begin not earlier than eleven weeks prior to the estimated date of her confinement and end not later than seventeen weeks following the actual date of her confinement.

R.S., 1985, c. L-2, s. 206; R.S., 1985, c. 9 (1st Supp.), s. 10; 1993, c. 42, s. 26.

Parental Leave
Entitlement to leave
206.1 (1) Subject to subsections (2) and (3), every employee who has completed six consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to thirty-seven weeks to care for a new-born child of the employee or a child who is in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides.

Period when leave may be taken
(2) The leave of absence may only be taken during the fifty-two week period beginning
(a) in the case of a new-born child of the employee, at the option of the employee, on the day the child is born or comes into the actual care of the employee; and
(b) in the case of an adoption, on the day the child comes into the actual care of the employee.

Aggregate leave — two employees
(3) The aggregate amount of leave that may be taken by two employees under this section in respect of the same birth or adoption shall not exceed thirty-seven weeks.

1993, c. 42, s. 26; 2000, c. 14, s. 42; 2002, c. 9, s. 17.

Aggregate leave — maternity and parental
206.2 The aggregate amount of leave that may be taken by one or two employees under sections 206 and 206.1 in respect of the same birth shall not exceed fifty-two weeks.

2000, c. 14, s. 42.

Compassionate Care Leave
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.

“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) of the Employment Insurance Act.

“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) of the Employment Insurance Act.

“week”
« semaine »

“week” means the period between midnight on Saturday and midnight on the immediately following Saturday.

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 eight 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.

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 expiration of 26 weeks following the first day of the week referred to in paragraph (a).

Shorter period
(4) If a shorter period is prescribed by regulation for the purposes of subsection 23.1(5) 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).

Expiration 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) of the Employment Insurance Act has elapsed.

Minimum period of leave
(6) A leave of absence under this section may only be taken in periods of not less than one week’s duration.

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 eight weeks in the period referred to in subsection (3).

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).

2003, c. 15, s. 27.

General
Notification to employer
207. (1) Every employee who intends to take a leave of absence from employment under section 206 or 206.1 shall
(a) give at least four weeks notice in writing to the employer unless there is a valid reason why that notice cannot be given; and
(b) inform the employer in writing of the length of leave intended to be taken.

Notice of change in length of leave
(2) Every employee who intends to take or who is on a leave of absence from employment under section 206 or 206.1 shall give at least four weeks notice in writing to the employer of any change in the length of leave intended to be taken, unless there is a valid reason why that notice cannot be given.

R.S., 1985, c. L-2, s. 207; R.S., 1985, c. 9 (1st Supp.), s. 10; 1993, c. 42, s. 28.

Prohibition
208. (1) Subject to subsection (2), no employer shall require an employee to take a leave of absence from employment because the employee is pregnant.

Exception
(2) An employer may require a pregnant employee to take a leave of absence from employment if the employee is unable to perform an essential function of her job and no appropriate alternative job is available for that employee.

Length of leave
(3) A pregnant employee who is unable to perform an essential function of her job and for whom no appropriate alternative job is available may be required to take a leave of absence from employment only for such time as she is unable to perform that essential function.

Burden of proof
(4) The burden of proving that a pregnant employee is unable to perform an essential function of her job rests with the employer.

R.S., 1985, c. L-2, s. 208; R.S., 1985, c. 9 (1st Supp.), s. 10.

Application
208.1 Regardless of the time at which an employee makes a request under section 204, the rights and obligations provided under sections 204 and 205 take precedence over the application of subsection 208(2).

1993, c. 42, s. 29.

Right to notice of employment opportunities
209. Every employee who intends to or is required to take a leave of absence from employment under this Division is entitled, on written request therefor, to be informed in writing of every employment, promotion or training opportunity that arises during the period when the employee is on leave of absence from employment and for which the employee is qualified, and on receiving such a request every employer of such an employee shall so inform the employee.

R.S., 1985, c. L-2, s. 209; R.S., 1985, c. 9 (1st Supp.), s. 10.

Resumption of employment in same position
209.1 (1) Every employee who takes or is required to take a leave of absence from employment under this Division is entitled to be reinstated in the position that the employee occupied when the leave of absence from employment commenced, and every employer of such an employee shall, on the expiration of any such leave, reinstate the employee in that position.

Comparable position
(2) Where for any valid reason an employer cannot reinstate an employee in the position referred to in subsection (1), the employer shall reinstate the employee in a comparable position with the same wages and benefits and in the same location.

Wages and benefits affected by reorganization
(3) Where an employee takes leave under this Division and, during the period of that leave, the wages and benefits of the group of employees of which that employee is a member are changed as part of a plan to reorganize the industrial establishment in which that group is employed, that employee is entitled, on being reinstated in employment under this section, to receive the wages and benefits in respect of that employment that that employee would have been entitled to receive had that employee been working when the reorganization took place.

Notice of changes in wages and benefits
(4) The employer of every employee who is on a leave of absence from employment under this Division and whose wages and benefits would be changed as a result of a reorganization referred to in subsection (3) shall notify the employee in writing of that change as soon as possible.

R.S., 1985, c. 9 (1st Supp.), s. 10.

Right to benefits
209.2 (1) The pension, health and disability benefits and the seniority of any employee who takes or is required to take a leave of absence from employment under this Division shall accumulate during the entire period of the leave.

Contributions by employee
(2) Where contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (1), the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any leave of absence under this Division unless, before taking leave or within a reasonable time thereafter, the employee notifies the employer of the employee’s intention to discontinue contributions during that period.

Contributions by employer
(2.1) An employer who pays contributions in respect of a benefit referred to in subsection (1) shall continue to pay those contributions during an employee’s leave of absence under this Division in at least the same proportion as if the employee were not on leave unless the employee does not pay the employee’s contributions, if any, within a reasonable time.

Failure to pay contributions
(3) For the purposes of calculating the pension, health and disability benefits of an employee in respect of whom contributions have not been paid as required by subsections (2) and (2.1), the benefits shall not accumulate during the leave of absence and employment on the employee’s return to work shall be deemed to be continuous with employment before the employee’s absence.

Deemed continuous employment
(4) For the purposes of calculating benefits of an employee who takes or is required to take a leave of absence from employment under this Division, other than benefits referred to in subsection (1), employment on the employee’s return to work shall be deemed to be continuous with employment before the employee’s absence.

R.S., 1985, c. 9 (1st Supp.), s. 10, c. 43 (3rd Supp.), s. 1; 2001, c. 34, s. 21(F).

Effect of leave
209.21 Notwithstanding the provisions of any income-replacement scheme or any insurance plan in force at the workplace, an employee who takes a leave of absence under this Division is entitled to benefits under the scheme or plan on the same terms as any employee who is absent from work for health-related reasons and is entitled to benefits under the scheme or plan.

1993, c. 42, s. 30.

Status of certificate
209.22 A medical certificate given pursuant to this Division is conclusive proof of the statements contained therein.

1993, c. 42, s. 30.

Prohibition
209.3 (1) No employer shall dismiss, suspend, lay off, demote or discipline an employee because the employee is pregnant or has applied for leave of absence in accordance with this Division or take into account the pregnancy of an employee or the intention of an employee to take leave of absence from employment under this Division in any decision to promote or train the employee.

Prohibition — compassionate care leave
(2) The prohibitions set out in subsection (1) also apply in respect of an employee who has taken a leave of absence under section 206.3.

R.S., 1985, c. 9 (1st Supp.), s. 10; 2003, c. 15, s. 28.

Regulations
209.4 The Governor in Council may make regulations
(a) specifying the absences from employment that shall be deemed not to have interrupted continuous employment referred to in sections 206 and 206.1;
(a.1) prescribing classes of persons for the purposes of paragraph (d) of the definition “family member” in subsection 206.3(1);
(b) specifying what does, or does not, constitute an essential function of a job referred to in section 208; and
(c) specifying what does not constitute a valid reason for not reinstating an employee in the position referred to in subsection 209.1(2).

R.S., 1985, c. 9 (1st Supp.), s. 10; 1993, c. 42, s. 31; 2003, c. 15, s. 29.

Application of section 189
209.5 Section 189 applies for the purposes of this Division.

R.S., 1985, c. 9 (1st Supp.), s. 10.
Division VIII
Bereavement Leave

Employee entitled
210. (1) Every employee is entitled to and shall be granted, in the event of the death of a member of his immediate family, bereavement leave on any of his normal working days that occur during the three days immediately following the day of the death.

Bereavement leave with pay
(2) Every employee who has completed three consecutive months of continuous employment by an employer and is entitled to bereavement leave under subsection (1) is entitled to such leave with pay at his regular rate of wages for his normal hours of work, and such pay shall for all purposes be deemed to be wages.

Regulations
(3) The Governor in Council may make regulations
(a) defining the expression “immediate family” for the purposes of subsection (1);
(b) defining the expressions “regular rate of wages” and “normal hours of work” for the purposes of subsection (2); and
(c) for the purposes of this Division, defining the absences from employment that shall be deemed not to have interrupted continuity of employment.

Application of section 189
(4) Section 189 applies for the purposes of this Division.

1977-78, c. 27, s. 20; 1980-81-82-83, c. 47, s. 27.

Manitoba - Leave of Absence

DIVISION 9

UNPAID LEAVES

MATERNITY LEAVE


Definitions

52. In this Division,

"date of delivery" means the date when the pregnancy of an employee terminates with the birth of a child; (« date d'accouchement »)

"medical certificate" means the signed statement of a duly qualified medical practitioner. (« certificat médical »)


Eligibility for maternity leave

53. A pregnant employee who has been employed by the same employer for at least seven consecutive months is eligible for maternity leave.

S.M. 2000, c. 49, s. 2.


Length of maternity leave

54(1) Subject to subsection (3), an employee who is eligible for maternity leave is entitled to the following maternity leave:

(a) if the date of delivery is on or before the date estimated in a medical certificate, a period of not more than 17 weeks; or

(b) if the date of delivery is after the estimated date, 17 weeks and a period of time equal to the time between the estimated date and the date of delivery.


Beginning and end of maternity leave

54(2) A maternity leave must begin not earlier than 17 weeks before the date of delivery estimated in the medical certificate and end not later than 17 weeks after the date of delivery.


Employee to provide certificate and give notice

54(3) An employee who is eligible for maternity leave shall

(a) as soon as practicable, provide the employer with a medical certificate giving the estimated date of delivery; and

(b) give the employer not less than four weeks' written notice of the date she will start her maternity leave.


Maternity leave if notice given after stopping work

55(1) An employee who is eligible for maternity leave but does not give notice under clause 54(3)(b) before leaving the employment is still entitled to maternity leave if, within two weeks after stopping work, she gives notice and provides her employer with a medical certificate

(a) giving the date of delivery or estimated date of delivery; and

(b) stating any period or periods of time within the 17 weeks before the date of delivery or estimated date of delivery that the normal duties of the employment could not be performed because of a medical condition arising from the pregnancy.


Length of maternity leave

55(2) The maternity leave to which the employee is entitled under subsection (1) is

(a) any time, within the time referred to in clause (1)(b), that she does not work; and

(b) the difference between that time and the time she would receive if she were entitled under subsection 54(1).


Maternity leave where notice not given

56. An employee who is eligible for maternity leave but who does not give notice under clause 54(3)(b) or subsection 55(1) is still entitled to maternity leave for a period not exceeding the time she would receive if she were entitled under subsection 54(1).


End of maternity leave where notice not given

57. The maternity leave of an employee referred to in subsection 55(1) or section 56 terminates not later than 17 weeks after the date of delivery.


End of maternity leave

57.1(1) An employee's maternity leave ends

(a) 17 weeks after it began; or

(b) if clause 54(1)(b) applies, 17 weeks after it began plus the additional time provided for in that clause.


Ending leave early

57.1(2) An employee may end her maternity leave earlier than the day set out in subsection (1) by giving her employer written notice at least two weeks or one pay period, whichever is longer, before the day she wishes to end the leave.

S.M. 2000, c. 49, s. 3.


PARENTAL LEAVE

Employee entitled to parental leave

58(1) An employee who adopts or becomes a parent of a child is entitled to parental leave to a maximum of 37 continuous weeks if

(a) the employee has been employed by the employer for at least seven consecutive months;

(b) the employee gives written notice to the employer at least four weeks before the day specified in the notice as the day on which the employee intends to begin the leave; and

(c) in the case of an adoption, the adoption occurs or is recognized under Manitoba law.


Effect of late notice on parental leave

58(2) An employee who gives less notice than is required under clause (1)(b) is entitled to the 37 weeks of parental leave less the number of days by which the notice given is less than four weeks.


Commencement of parental leave

58(3) A parental leave must commence not later than the first anniversary of the date on which the child is born or adopted or comes into the care and custody of the employee.

S.M. 2000, c. 49, s. 4; S.M. 2006, c. 26, s. 23.


Maternity and parental leaves must be continuous

59. An employee who takes maternity leave and parental leave shall take them in one continuous period, unless the employee and the employer otherwise agree or a collective agreement otherwise provides.


End of parental leave

59.1(1) An employee's parental leave ends

(a) 37 weeks after it began; or

(b) if subsection 58(2) applies, 37 weeks after it began less the number of days provided for in that subsection.


Ending leave early

59.1(2) An employee may end his or her parental leave earlier than the day set out in subsection (1) by giving the employer written notice at least two weeks or one pay period, whichever is longer, before the day the employee wishes to end the leave.

S.M. 2000, c. 49, s. 5.


COMPASSIONATE CARE LEAVE

Definitions


59.2(1) The following definitions apply in this section.

"common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence. (« conjoint de fait »)

"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 in the regulations for the purpose of this definition. (« membre de la famille »)

"physician" means a physician who provides care to a family member and who is entitled to practise medicine under the laws of the jurisdiction in which the care is provided. (« médecin »)


Registered common-law relationship

59.2(1.1) For the purpose of the definition "common-law partner" in subsection (1), while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence.


Entitlement to leave

59.2(2) Subject to subsections (3) to (8), an employee who has been employed by the same employer for at least 30 days is entitled to compassionate care leave of up to eight weeks to provide care or support to a seriously ill family member.


Physician's certificate

59.2(3) For an employee to be eligible for leave, a physician must issue a certificate stating that:

(a) a family member of the employee has a serious medical condition with a significant risk of death within 26 weeks from

(i) the day the certificate is issued, or

(ii) if the leave was begun before the certificate was issued, the day the leave began; and

(b) the family member requires the care or support of one or more family members.


Employee to give notice to employer

59.2(4) An employee who wishes to take a leave under this section must give the employer notice of at least one pay period, unless circumstances necessitate a shorter period.


Employee to provide physician's certificate

59.2(5) The employee must give the employer a copy of the physician's certificate as soon as possible.


When leave may be taken

59.2(6) An employee may take no more than two periods of leave totalling no more than eight weeks, which must end no later than 26 weeks after the day the first period of leave began.


Minimum period of leave

59.2(7) No period of leave may be less than one week's duration.


Ending leave early

59.2(8) Unless the employee and employer agree otherwise, an employee may end a leave earlier than the expiry of eight weeks by giving the employer at least 48 hours' notice of his or her expected date of return.

S.M. 2003, c. 7, s. 3; S.M. 2006, c. 26, s. 24.


FAMILY LEAVE


Unpaid leave for family responsibilities

59.3(1) An employee who has been employed for at least 30 days may take up to three days of unpaid leave each year, but only to the extent that the leave is necessary

(a) for the health of the employee; or

(b) for the employee to meet his or her family responsibilities in relation to a family member as defined in subsection 59.2(1).


Notice to employer

59.3(2) An employee wishing to take a leave under subsection (1) must give the employer as much notice as is reasonable and practicable in the circumstances. The employer may require the employee to provide reasonable verification of the necessity of the leave.


Leave for part day

59.3(3) If an employee takes any part of a day as leave under this section, the employer may count that day as a day of leave for the purpose of this section.

S.M. 2006, c. 26, s. 25.


BEREAVEMENT LEAVE


Unpaid bereavement leave

59.4(1) An employee who has been employed for at least 30 days may take up to three days of unpaid leave on the death of a family member as defined in subsection 59.2(1).


Notice to employer

59.4(2) Before taking a leave under this section, the employee must give the employer notice of the amount and timing of the leave to be taken and of the death to which it relates. If requested by the employer, the employee must also provide evidence of his or her entitlement to the leave.


Leave for part day

59.4(3) If an employee takes any part of a day as leave under this section, the employer may count that day as a day of leave for the purpose of this section.

S.M. 2006, c. 26, s. 25.


UNPAID LEAVE FOR RESERVISTS


Definitions

59.5(1) The following definitions apply in this section.

"Reserves" means the component of the Canadian Forces referred to in the National Defence Act (Canada) as the reserve force. (« Réserve »)

"service" means active duty or training in the Reserves. (« service »)


Unpaid leave for reservist

59.5(2) An employee who

(a) is a member of the Reserves;

(b) has been employed by the same employer in civilian employment for at least seven consecutive months; and

(c) is required to be absent from work for the purpose of service;

is entitled, subject to the regulations, to an unpaid period of leave for the purpose of that service.


Length of leave

59.5(3) Subject to the regulations, the period of leave for the purpose of service is the period necessary to accommodate the period of service.


Notice of leave for service

59.5(4) An employee wishing to take a leave under this section must give the employer, in writing, as much notice as is reasonable and practicable in the circumstances. The employer may require the employee to provide reasonable verification of the necessity of the leave, including a certificate from an official with the Reserves stating

(a) that the employee is a member of the Reserves and is required for service; and

(b) if possible, the expected start and end dates for the period of service.


Return to work after notice

59.5(5) An employee on a leave under this section must give the employer written notice of the expected date of return to work. The employer may defer the employee's return to work by up to two weeks or one pay period, whichever is longer, after receiving the notice.

S.M. 2007, c. 2, s. 2.


GENERAL


No termination or lay-off

60(1) No employer shall lay off or terminate the employment of an employee entitled to take a leave under this Division because the employee is pregnant or intends to take a leave or takes a leave allowed by this Division.


Reinstatement

60(2) At the end of an employee's leave under this Division, the employer shall reinstate the employee to the position the employee occupied when the leave began or to a comparable position, with not less than the wages and any other benefits earned by the employee immediately before the leave began.


Exception

60(3) Subsections (1) and (2) do not apply if the employer lays off the employee, terminates his or her employment or fails to reinstate for reasons unrelated to the leave.


Employment deemed continuous

60(4) For the purpose of pension and other benefits, the employment of an employee with the same employer before and after a leave under this Division is deemed to be continuous.


Vacation deferred because of leave

60(4.1) An employee on a leave under this Division may defer taking vacation. Section 36 applies to the deferred vacation.


Vacation and leave entitlements not reduced

60(4.2) An employee's leave under this Division does not reduce his or her vacation entitlement, and an employee's vacation entitlement does not reduce his or her entitlement to a leave under this Division.


Right to file complaint

60(5) An employee who claims

(a) that he or she has been laid off or that his or her employment has been terminated contrary to subsection (1); or

(b) that he or she has not been reinstated as required by subsection (2); may file a complaint with an officer under section 92.


Complaint to be filed within six months

60(6) A complaint must be filed within six months after the date of the lay-off or termination, or within six months after the date the employee should have been reinstated.

S.M. 2000, c. 49, s. 6; S.M. 2003, c. 7, s. 4; S.M. 2006, c. 26, s. 26.

New Brunswick - Leave of Absence

MATERNITY
42. An employer shall not dismiss, suspend or lay off an employee who is pregnant, or refuse to employ a person who is pregnant, for reasons arising from her pregnancy alone.
1984, c.42, s.24.

43(1) Subject to subsection (2), an employer shall at any time from a day eleven weeks before the specified date of delivery to the day of actual delivery, upon the request of a pregnant employee and upon receipt of a certificate by a medical practitioner or nurse practitioner stating that the employee is pregnant and specifying the date upon which delivery will, in his or her opinion, occur, grant the employee leave of absence without pay of seventeen weeks or such shorter period as the employee requests.

43(2) An employee intending to take leave of absence under this section shall
(a) advise her employer four months before the projected date of delivery or as soon as her pregnancy is confirmed, whichever is the later, of her intent to take leave and the anticipated commencement date in the absence of an emergency; and
(b) in the absence of an emergency, give two weeks’ notice to the employer of the commencement date of the leave.

43(3) Subject to subsection (4), leave of absence under subsection (1) may be taken during the period of time the employee stipulates in her request as long as the anticipated date of delivery falls within the stipulated period.

43(4)An employer may, where no alternative employment is available, before or after commencement of the period referred to in subsection (1), require the employee to commence a leave of absence at the time when the duties of her position cannot reasonably be performed by a pregnant woman or the performance of the work of the employee is materially affected by the pregnancy.

43(5) Repealed: 1991, c.52, s.1.

43(6) Repealed: 1991, c.52, s.1.

43(7) Repealed: 1991, c.52, s.1.
1984, c.42, s.24; 1988, c.59, s.16; 1991, c.52, s.1; 2002, c.23, s.1.

44(1)Where an employee reports for work upon the expiration of the period of leave granted under section 43, the employer shall permit the employee to resume work in the position the employee held immediately before the commencement of the leave or an equivalent position with no decrease in pay and with no loss of benefits accrued up to the commencement of the leave.

44(2)For the purposes of subsection (1), alternative employment referred to in subsection 43(4) shall not be considered as the position the employee held immediately before the commencement of the leave.
1984, c.42, s.24; 1988, c.59, s.17.

ADOPTION
Repealed: 1991, c.52, s.2.

44.01 Repealed: 1991, c.52, s.3.
1988, c.59, s.18; 1991, c.52, s.3.

CHILD CARE
1991, c.52, s.4.
44.02(1)In this section
“child” means a person under the age of nineteen.

44.02(2)Subject to subsections (3), (4) and (8), an employer shall, upon the request of an employee,
(a)who is the natural parent of a newborn or unborn child, or
(b)who is adopting or has adopted a child,
grant the employee a leave of absence without pay of thirty-seven consecutive weeks or such shorter period as the employee requests so as to enable the employee to care for the child.

44.02(3)An employee intending to take a leave of absence under paragraph (2)(a) shall
(a)provide the employer with a certificate of a medical practitioner or nurse practitioner specifying the date upon which delivery will, in the medical practitioner’s or nurse practitioner’s opinion, occur or the date upon which the birth has occurred, and
(b)in the absence of an emergency, give four weeks written notice to the employer of the commencement date and duration of the leave.

44.02(4)An employee intending to take a leave of absence under paragraph (2)(b) shall
(a)on being approved in accordance with the Family Services Act as a prospective adopting parent or, in the case of a private adoption, four months before, or in the event of an emergency as soon as possible before, the anticipated day on which the child will be placed with the employee for adoption, give written notice to the employer of the employee’s intention to take leave,
(b)provide the employer with proof that a child has been or will be placed with the employee for the purposes of adoption, and
(c)notify the employer of the commencement date and duration of the leave on being made aware of the date on which the child will be placed with the employee for adoption or at the time the child is placed with the employee for adoption, whichever occurs first.

44.02(5) Repealed: 2000, c.55, s.4.

44.02(6) Repealed: 2000, c.55, s.4.

44.02(7) Repealed: 2000, c.55, s.4.

44.02(8)A leave of absence granted under subsection (2) shall commence not earlier than the date on which the newborn or adopted child came into the employee’s care and custody and end not later than fifty-two weeks after that date.

44.02(9) Repealed: 2000, c.55, s.4.

44.02(10)Where an employee intends to take a leave of absence under paragraph (2)(a) in addition to a leave of absence under section 43, the employee must commence the leave of absence under paragraph (2)(a) immediately on the expiry of the leave of absence taken under section 43 unless the employer and employee agree otherwise.

44.02(11)Subsection (10) does not apply where a newborn child is hospitalized at the time the leave of absence under section 43 expires.

44.02(12)If both parents are employees, the leave of absence granted under subsection (2) may
(a)be taken wholly by one of the employees, or
(b)be shared by the employees.

44.02(12.1)The aggregate amount of leave that may be taken by two employees under this section with respect to the same birth or adoption shall not exceed thirty-seven weeks.

44.02(12.2)The aggregate amount of leave that may be taken by one or two employees under this section and section 43 with respect to the same birth shall not exceed fifty-two weeks.

44.02(13)Subsection 44(1) applies with the necessary modifications with respect to a leave of absence granted under this section.
1988, c.59, s.18; 1991, c.52, s.5; 2000, c.26, s.106; 2000, c.55, s.4; 2002, c.23, s.1.

SICK LEAVE
2000, c.55, s.5.

44.021(1)An employer shall, upon the request of an employee, grant the employee leaves of absence without pay of up to five days during a twelve calendar month period for sick leave if the employee has been in the employ of the employer for more than ninety days.

44.021(2)If an employee requests a leave of absence under subsection (1) that is four or more consecutive calendar days in length, the employer may require the employee to provide the employer with a certificate of a medical practitioner or nurse practitioner certifying that the employee is incapable of working due to illness or injury.

44.021(3)An employee requesting a leave of absence under this section shall advise the employer, subject to subsections (1) and (2), of the anticipated duration of the leave.

44.021(4)The duties of an employer under this section are in addition to and do not derogate from the duties of an employer under section 42.1 of the Workers’
Compensation Act.
2000, c.55, s.5; 2002, c.23, s.1.

FAMILY RESPONSIBILITY LEAVE
2000, c.55, s.5.

44.022(1)An employer shall, upon the request of an employee, grant the employee leaves of absence without pay of up to three days during a twelve calendar month period to meet responsibilities related to the health, care or education of a person in a close family relationship with the employee.

44.022(2)An employee intending to take a leave of absence under this section shall advise the employer of the employee’s intention to take the leave, the anticipated commencement date of the leave and, subject to subsection (1), the anticipated duration of the leave.
2000, c.55, s.5.

COURT LEAVE
2000, c.55, s.5.

44.023(1)An employer shall grant an employee a leave of absence without pay for any period that the employee is absent from work as a result of being
(a)summoned to serve on a jury,
(b)selected to serve on a jury, or
(c)served with a summons to attend at the hearing of an action, application or proceeding as a witness.

44.023(2)If an employer grants an employee a leave of absence with pay in the circumstances set out in subsection (1), the employer may require the employee to reimburse the employer for any amount that the employee receives as a jury or witness fee, exclusive of any amount that the employee receives as compensation for travel, meal or accommodation expenses.
2000, c.55, s.5.

COMPASSIONATE CARE LEAVE
2003, c.30, s.1.

44.024(1)In this section
“qualified medical practitioner” means a person who is entitled to practise medicine under the laws of a jurisdiction in which care or treatment of a person with whom the employee has a close family relationship is provided;
“week” means the period between midnight on Saturday and midnight on the immediately following Saturday.

44.024(2)Subject to subsections (3) to (6), an employer shall, upon the request of an employee, grant the employee a leave of absence without pay from employment of up to eight weeks to provide care or support to a person with whom the employee has a close family relationship, if a qualified medical practitioner issues a certificate stating that the person with whom the employee has a close family relationship has a serious medical condition with a significant risk of death within twenty-six 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.

44.024(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 first occurs:
(i)the person with whom the employee has a close family relationship dies; or
(ii)the expiration of twenty-six weeks following the first day of the week referred to in paragraph (a).

44.024(4)A leave of absence under this section may only be taken in periods of at least one week’s duration.

44.024(5)The aggregate amount of leave that may be taken by two or more employees under this section for the care or support of the same person with whom the employee has a close family relationship shall not exceed eight weeks in the period referred to in subsection (3).

44.024(6)An employee shall provide the employer with a copy of the certificate referred to in subsection (2), if the employer requests this in writing within fifteen days after an employee’s return to work.

44.024(7)An employee intending to take a leave of absence under this section shall advise the employer as soon as possible of the employee’s intention to take the leave, the anticipated commencement date of the leave, and, subject to subsection (2), the anticipated duration of the leave.
2003, c.30, s.1.

BEREAVEMENT

44.03(1)In this section
“funeral” includes a memorial service.

44.03(2)An employer shall grant to an employee a leave of absence without pay of up to five consecutive calendar days on the death of a person in a close family relationship with the employee to be taken during the period of bereavement and to begin not later than the day of the funeral.

44.03(3)An employee intending to take a leave of absence under this section shall advise the employer of the employee’s intention to take the leave, the anticipated commencement date of the leave and, subject to subsection (2), the anticipated duration of the leave.
1988, c.59, s.18; 2000, c.55, s.6.

LEAVE FOR RESERVISTS
2007, c.74, s.1.

44.031(1)In this section
“Reserves” means the component of the Canadian Forces referred to in the National Defence Act (Canada) as the reserve force;
“reservist” means a reservist on Class “C” Reserve Service within the meaning of article 9.08 of the Queen’s Regulations and Orders for the Canadian Forces (Canada);
“service” means active service or training in the Reserves.

44.031(2)An employer shall not dismiss, suspend or lay off an employee who is a reservist, or refuse to employ a person who is a reservist, for the sole reason that the employee or the person is a reservist.

44.031(3)An employer shall, upon the request of an employee who is a reservist, grant the employee a leave of absence without pay of up to eighteen months for the purpose of service if,
(a)in the case of a first leave of absence, the employee has been in the employ of the employer for at least six months, or
(b)in the case of a second or subsequent leave of absence, at least twelve months have elapsed since the date the employee returned to work from the most recent leave of absence granted under this section.

44.031(4)An employee intending to take a leave of absence under this section shall give the employer notice that is reasonable under the circumstances of the employee’s intention to take the leave, the anticipated commencement date of the leave and the expected date of return to work.

44.031(5)An employer may require that the notice under subsection (4) be in writing.

44.031(6)An employer may require the employee to provide the employer with a certificate from an official with the Reserves stating
(a)that the employee is a reservist and is selected for service, and
(b)if possible, the expected start and end dates for the period of service.

44.031(7)If the dates mentioned in the notice under subsection (4) change owing to circumstances beyond the control of the employee, the employee shall advise the employer of the change.

44.031(8)An employee on a leave of absence under this section shall give the employer reasonable notice of the expected date of return to work.

44.031(9)An employer may defer the employee’s return to work by up to two weeks after receiving the notice under subsection (8) if the notice is not reasonable.

44.031(10)Where an employee reports for work upon the expiration of the period of leave granted under this section, the employer shall permit the employee to resume work in the position the employee held immediately before the commencement of the leave or an equivalent position with no decrease in pay and with no loss of benefits accrued up to the commencement of the leave.
2007, c.74, s.1.

LEAVES GENERALLY

44.04(1)An employer shall not dismiss, suspend or lay off an employee who has been granted a leave of absence under this Act
(a)during the leave of absence, or
(b)for reasons arising from the leave alone.

44.04(2)An employee who has been granted a leave of absence under this Act
(a)retains seniority accrued up to the commencement of the leave,
(b)continues to accrue seniority during the leave at the same rate of accrual that would have occurred had the employee worked during the leave, and
(c)shall be deemed to have been continuously employed with the same employer during the leave of absence.

44.04(3)Notwithstanding subsection (2), if an employee would have been dismissed, suspended or laid off had the employee not been granted a leave of absence under this Act the seniority of the employee
(a)ceases to accrue as of the date the dismissal would have occurred had the employee not been granted the leave of absence, and
(b)does not accrue during the period of the suspension or lay off that would have occurred had the employee not been granted the leave of absence.

44.04(4)Subsections (1), (2) and (3) apply with the necessary modifications in relation to
(a)an employee who has been granted a leave of absence with or without pay under a collective agreement or a contract of employment similar to a leave of absence to which an employee is entitled under this Act, and
(b)an employee who is absent from work, with or without pay, on a day of vacation or a public holiday to which the employee is entitled under this Act, a collective agreement or a contract of employment.
1988, c.59, s.18; 2000, c.55, s.7.

Newfoundland and Labrador - Leave of Absence

PART VII
PREGNANCY, ADOPTION AND PARENTAL LEAVE

1992 c17 s13


Definitions

39. In this Part

(a) "adoption leave" means a leave of absence under section 43;

(b) "parent" includes a person with whom a child is placed for adoption;

(c) "parental leave" means a leave of absence under section 43.3; and

(d) "pregnancy leave" means a leave of absence under section 40.

1992 c17 s13



Pregnancy leave

40. (1) A pregnant employee who has been employed under a contract of service with the same employer for a period of 20 consecutive weeks immediately before the expected birth date is entitled to a leave of absence without pay.

(2) An employee may begin pregnancy leave no earlier than 17 weeks before the expected birth date.

(3) An employee shall give her employer

(a) at least 2 weeks written notice of the date the leave is to begin; and

(b) a certificate from a legally qualified medical practitioner stating the estimated birth date.

1992 c17 s13



Special circumstances

41. (1) Subsection 40(3) does not apply in the case of an employee who stops working because of complications caused by her pregnancy or because of a birth, still-birth or miscarriage that happens earlier than the employee was expected to give birth.

(2) An employee referred to in subsection (1) shall, within 2 weeks of stopping work, give to her employer

(a) written notice of the date the pregnancy leave began or is to begin; and

(b) a certificate from a qualified medical practitioner that

(i) in the case of an employee who stops working because of complications caused by her pregnancy, states the employee is unable to perform her duties because of complications caused by her pregnancy and states the expected birth date, or

(ii) in other cases, states the date of the birth, still-birth or miscarriage and the date the employee was expected to give birth.

1992 c17 s13



End of pregnancy leave

42. (1) The pregnancy leave of an employee who is entitled to take parental leave ends 17 weeks after the pregnancy leave begins.

(2) The pregnancy leave of an employee who is not entitled to take parental leave ends either 17 weeks after the pregnancy leave began or the day that is 6 weeks after the birth, still-birth or miscarriage whichever is the later.

(3) The pregnancy leave of an employee ends on a day earlier than the day provided for in subsection (1) or (2) if the employee gives the employer at least 4 weeks written notice of that day.

(4) An employee who is on pregnancy leave and who does not intend to take parental leave shall notify her employer not less than 4 weeks before the date on which she intends to return to work.

1992 c17 s13


Adoption leave

43. (1) An employee who has been employed under a contract of service with the same employer for at least 20 consecutive weeks and who is the parent of a child is entitled to a leave of absence without pay following the coming of the child into the care and custody of the parent for the 1st time.

(2) An employee shall give his or her employer at least 2 weeks written notice of the date the leave is to begin.

1992 c17 s13


Special circumstances

43.1 (1) Subsection 42(2) does not apply in the case of an employee who is the parent of a child and who stops working because the child comes into the care and custody of the employee for the 1st time sooner than expected.

(2) The adoption leave of an employee referred to in subsection (1) begins on the day the employee stops working.

(3) An employee referred to in subsection (1) shall give his or her employer written notice that the employee wishes to take adoption leave within 2 weeks after the employee stops working.

1992 c17 s13


End of adoption leave

43.2 Adoption leave ends 17 weeks after it began or on an earlier day if the employee gives his or her employer at least 4 weeks written notice of that day.

1992 c17 s13



Parental leave

43.3 (1) An employee who has been employed under a contract of service with the same employer for at least 20 consecutive weeks and who is the parent of a child is entitled to a leave of absence without pay following

(a) the birth of the child; or

(b) the coming of the child into the care and custody of the parent for the 1st time.

(2) Parental leave may begin no more than 35 weeks after the day the child is born or comes into the care and custody of a parent for the 1st time.

(3) The parental leave of an employee who takes pregnancy leave shall begin when the pregnancy leave ends unless the child has not yet come into the care and custody of the parent for the 1st time.

(4) An employee shall give his or her employer at least 2 weeks written notice of the date the leave is to begin.

1992 c17 s13



Special circumstances

43.4 (1) Subsection 43.3(4) does not apply in the case of an employee who is the parent of a child and who stops working because the child comes into the custody, care and control of a parent for the 1st time sooner than expected.

(2) The parental leave of an employee referred to in subsection (1) begins on the day the employee stops working.

(3) An employee referred to in subsection (1) shall give his or her employer written notice that the employee wishes to take leave within 2 weeks after the employee stops working.

1992 c17 s13



End of parental leave

43.5 Parental leave ends 35 weeks after it began or on an earlier day if the employee gives the employer at least 4 weeks written notice of that day.

1992 c17 s13; 2000 c25 s1



Change of notice

43.6 (1) An employee who has given notice to begin pregnancy, adoption or parental leave may change the notice

(a) to an earlier date where the employee gives the employer 2 weeks written notice before the earlier date; or

(b) to a later date where the employee gives the employer at least 2 weeks written notice before the date leave was to begin.

(2) An employee who has given notice to end his or her pregnancy, adoption or parental leave may change the notice

(a) to an earlier date where the employee gives the employer at least 4 weeks written notice before the earlier date; or

(b) to a later date where the employee gives the employer at least 4 weeks written notice before the date leave was to end.

1992 c17 s13



Employee's rights after leave

43.7 Upon the ending of pregnancy, adoption or parental leave of an employee, the terms of the contract of service subsisting at the time pregnancy, adoption or parental leave began shall be so resumed that the wages, duties, benefits and position of the employee are not less beneficial than those that subsisted before the pregnancy, adoption or parental leave began.

1992 c17 s13



Effect of leave on benefits

43.8 Unless an employer and employee otherwise agree, the period of pregnancy, adoption or parental leave does not count towards the application of the rights, benefits and privileges conferred by this Act upon an employee, but the period worked upon resumption of employment after pregnancy, adoption or parental leave shall be considered for the purpose of this Act, to be continuous with the period worked before the pregnancy, adoption or parental leave.

1992 c17 s13



Employee may not be dismissed

43.9 (1) An employer shall not dismiss an employee or give notice of dismissal to an employee

(a) for the reason only that the employee informs the employer that she is pregnant or the employee intends to take pregnancy, adoption or parental leave; or

(b) because of absence by reason of pregnancy, adoption or parental leave permitted by this Part.

(2) Where an employee is dismissed by his or her employer contrary to subsection (1), the onus of proving that the reason for dismissal is unrelated to pregnancy, adoption or parental leave rests with the employer.

1992 c17 s13


PART VII .1
BEREAVEMENT AND SICK LEAVE

1992 c17 s13

Bereavement and sick leave

43.10 (1) An employee, having been employed under a contract of service with the same employer for a continuous period of at least 30 days, shall be granted by his or her employer a period of bereavement leave consisting of one day paid leave and 2 days unpaid leave in the event of the death of the spouse, a child, a grandchild, the mother, father, a brother or sister, a grandparent or a mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law or son-in-law of the employee.

(2) The wages to which an employee is entitled under subsection (1) shall be calculated by multiplying the employee's hourly rate of pay by the average number of hours worked in a day in the 3 weeks immediately preceding the bereavement leave.

(3) An employee who is not entitled to bereavement leave under subsection (1) shall be granted a period of bereavement leave consisting of 2 days unpaid leave in the event of the death of a relative referred to in that subsection.

(4) Where an employee who is entitled to one day paid bereavement leave is taking an annual vacation at the time he or she would otherwise have taken the day of bereavement leave, the employee is entitled to take one extra day of annual vacation.

2001 c33 s22



Sick and family responsibility leave

43.11 (1) An employee, having been employed under a contract of service with the same employer for a continuous period of 30 days, shall be granted by his or her employer a period of 7 days unpaid sick leave or family responsibility leave in a year.

(2) An employee shall provide his or her employer with a certificate of a qualified medical practitioner for a period of 3 or more consecutive days of sick leave.

(3) An employee shall provide his or her employer with a statement in writing of the nature of the family responsibility where the leave is of 3 or more consecutive days in duration.

(4) An unused portion of the period of leave provided for in this section expires at the end of the year in which it was granted.

PART VII.3
COMPASSIONATE CARE LEAVE

2004 c39 s1

Definitions

43.13 In this section

(a) "cohabiting partner" means either of 2 persons who are cohabiting and have cohabited continuously in a conjugal relationship outside marriage for not less than one year;

(b) "family member", in relation to an employee, means

(i) a spouse or cohabiting partner of the employee,

(ii) a child of the employee or of the employee's spouse or cohabiting partner,

(iii) a parent of the employee or a spouse or common law partner of the parent, and

(iv) any other person who is a member of a class of persons prescribed for the purpose of this definition in the regulations; and

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

2004 c39 s1



Entitlement to leave

43.14 (1) An employee who has been employed by the same employer for at least 30 days is entitled to a leave of absence without pay of up to 8 weeks to provide care or support to a family member of the employee where a legally 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) the day the leave began, if leave began before the certificate was issued.

(2) The leave of absence under subsection (1) shall be taken during the period

(a) that starts with

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

(ii) the first day of the week in which the employee was absent, if the leave began before the certificate was issued and the certificate was 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:

(i) the family member dies, or

(ii) the expiration of 26 weeks following the first day of the week referred to in paragraph (a).

(3) Notwithstanding subparagraph (2)(b)(i), the director may decide that, in exceptional circumstances, an employee shall be provided with up to 3 additional days of unpaid leave immediately following the end of the week in which the death of the family member occurred, and an employer shall provide that leave.

(4) Where a shorter period than that referred to in subsection (1) is prescribed for the purpose of subsection 23.1(5) of the Employment Insurance Act (Canada),

(a) the certificate referred to in subsection (1) has to 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 purpose of subparagraph 2(b)(ii).

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

(6) A leave of absence under this section shall be taken in periods of at least one week in duration.

(7) The aggregate amount of leave that may be taken by 2 or more employees under this section in respect of the care or support of the same family member shall not exceed 8 weeks in the period referred to in subsection (2).

2004 c39 s1



Notice to employer

43.15 (1) An employee who intends to take a leave of absence under this Part shall give written notice to his or her employer at least 2 weeks before the leave is to begin of that intention, unless there is a valid reason why that notice cannot be given.

(2) An employee who gives notice under subsection (1) shall include in that written notice to the employer the length of the leave that the employee intends to take.

(3) Every employee who is taking a leave of absence under this Part shall give at least 2 weeks written notice to the employer of any change in the length of leave intended to be taken, unless there is a valid reason why that notice cannot be given.

(4) Where the employer makes a written request, an employee shall provide his or her employer with a copy of the medical practitioner's certificate referred to in subsection 43.14(1).

(5) If an employer makes a request under subsection (4), that request shall be made within 15 days of the employee's return to work.

2004 c39 s1



Employee protection

43.16 (1) An employer shall not dismiss an employee or give notice of dismissal to an employee because an employee intends to take, applies for or takes a leave of absence under this Part.

(2) Where an employee is dismissed by his or her employer contrary to subsection (1), the onus of proving that the reason for dismissal is unrelated to the compassionate care leave rests with the employer.

(3) An employer shall reinstate an employee at the end of his or her leave of absence under this Part on terms and conditions that are not less beneficial than those that subsisted before the leave began.

(4) Unless the employer and the employee otherwise agree, a period of leave under this Part does not count towards the application of the rights, benefits and privileges conferred by this Act upon an employee, but the period worked upon resumption of employment after leave shall be considered, for the purpose of this Act, to be continuous with the period worked before the leave.

2004 c39 s1


PART VII .4
UNPAID LEAVE FOR RESERVISTS

2008 c15 s1


Definitions

43.17 In this Part

(a) "reserves" means the component of the Canadian Forces referred to in the National Defence Act (Canada) as the reserve force; and

(b) "service" means deployment or training required for imminent deployment, and includes

(i) a period of time for treatment, recovery or rehabilitation in respect of a physical or mental health problem that results from deployment or training required for imminent deployment, and

(ii) service as defined in the regulations made under section 43.22.

2008 c15 s1



Unpaid leave

43.18 (1) An employee who

(a) is a member of the reserves;

(b) has been employed by the same employer in civilian employment for a period of at least 6 consecutive months; and

(c) is required to be absent from work for the purpose of service is entitled to an unpaid period of leave for the purpose of that service.

(2) An employee is not entitled to a second or additional period of unpaid leave for the purpose of service unless at least one year has elapsed since the date the employee returned to work from the most recent leave of absence granted under this Part.

(3) The period of leave is the period necessary to accommodate the period of service and includes an extension of the service beyond the date given under subsection 43.19(2).

2008 c15 s1



Notice of leave

43.19 (1) An employee who wishes to take a period of leave under this Part shall give his or her employer at least 60 days notice in writing of his or her intention to take the period of leave.

(2) The notice required under subsection (1) shall give the date on which the leave will begin and the anticipated date on which his or her service will end.

(3) An employer may require an employee requesting a period of leave under this Part to provide a certificate from an official with the reserves stating that the employee is a member of the reserves and is required for service.

(4) Where, due to circumstances beyond the control of the employee, he or she cannot comply with the notice period required under subsection (1), the employee shall provide as much notice as is reasonable in the circumstances.

(5) Where the date on which his or her service is anticipated to end changes, the employee shall notify the employer as soon as practicable and shall, within at least 2 weeks or one pay period, whichever is longer, provide written notice to the employer of the new end date.

(6) Where an employee fails to give a written notice within the time period required under subsection (5), his or her employer may defer the date of re-employment for up to 2 weeks or one pay period, whichever is longer, after the day on which the employee informs the employer of the new end date.

(7) A period of deferment necessitated under subsection (6) shall be considered to be unpaid leave as described in section 43.18.

(8) Notwithstanding subsection (2) or (5), an employee may return to work on a date mutually agreed upon by the employee and the employer.

2008 c15 s1



Exemption

43.20 (1) An employer, who has received from an employee a request for a grant of leave under this Part and who believes that granting the leave would cause him or her undue hardship, may apply to the director for an exemption from the requirement to grant the leave.

(2) Where the director determines that a grant of leave under this Part would cause undue hardship to the employer if his or her employee were to take leave, the employee is not entitled to the leave.

(3) A decision of the director under this section is final and binding on the employer and employee to whom it applies.

2008 c15 s1



Employee protection

43.21 (1) An employer shall not dismiss an employee or give notice of dismissal to an employee because an employee intends to take, applies for or takes leave under this Part.

(2) Where an employee is dismissed by his or her employer contrary to subsection (1), the onus of proving that the reason for dismissal is unrelated to the leave rests with the employer.

(3) An employer shall reinstate an employee at the end of his or her leave under this Part on terms and conditions that are not less beneficial than those that existed before the leave began.

(4) Unless the employer and the employee otherwise agree, a period of leave under this Part does not count towards the application of the rights, benefits and privileges conferred by this Act upon an employee, but the period worked upon resumption of employment after leave shall be considered, for the purpose of this Act, to be continuous with the period worked before the leave.

2008 c15 s1



Regulations

43.22 The Lieutenant-Governor in Council may make regulations

(a) for the purpose of subparagraph 43.17(b)(ii); and

(b) generally to give effect to this Part.

Nova Scotia - Leave of Absence

PREGNANCY LEAVE AND PARENTAL LEAVE

Pregnancy leave
59 (1) A pregnant employee, who has been employed by her employer for at least one year, is entitled to an unpaid leave of absence of up to seventeen weeks upon
(a) giving the employer notice of the date that she will begin the leave and the date she will return to work, as required by Section 59D; and
(b) providing to the employer, where the employer so requests, a certificate of a legally qualified medical practitioner stating that the employee is pregnant and specifying the expected date of delivery.

(2) Pregnancy leave pursuant to this Section begins on such date, not sooner than sixteen weeks preceding the expected date of delivery, as the employee determines, and not later than the date of delivery.

(3) Pregnancy leave pursuant to this Section ends on such date
(a) not sooner than one week after the date of delivery; and
(b) not later than seventeen weeks after the pregnancy leave began pursuant to this Section, as determined by the employee. 1991, c. 14, s. 19.


Requirement by employer to take leave
59A (1) Notwithstanding Section 59, an employer may require a pregnant employee, who has been employed by the employer for at least one year, to take an unpaid leave of absence while the duties of her position cannot reasonably be performed by a pregnant woman or the performance of the employee's work is materially affected.

(2) For greater certainty, nothing in subsection (1) affects any protection provided to a pregnant employee, regardless of the length of employment, by the Human Rights Act. 1991, c. 14, s. 19.


Parental leave
59B (1) An employee, who has been employed by an employer for at least one year, and who becomes, before or after this Section comes into force, a parent of one or more children through
(a) the birth of the child or children; or
(b) the placement of the child or children in the care of the employee for the purpose of adoption of the child or children pursuant to the law of the Province, is entitled to an unpaid leave of absence of, subject to subsection (4), up to fifty-two weeks upon giving the employer notice of the date that the employee will begin the leave and the date that the employee will return to work, as required by Section 59D.

(2) Where an employee takes pregnancy leave pursuant to Section 59 and the employee's new-born child or children arrive in the employee's home during the pregnancy leave, parental leave pursuant to this Section
(a) begins immediately upon completion of the pregnancy leave and without the employee returning to work; and
(b) ends not later than thirty-five weeks after the parental leave began pursuant to this Section, as determined by the employee.

(3) Where subsection (2) does not apply, parental leave pursuant to this Section
(a) begins on such date, coinciding with or after the birth of the child or children or the child or children first arriving in the employee's home; and
(b) ends not later than fifty-two weeks after the child or children first arrive in the employee's home, as determined by the employee.

(4) The maximum combined pregnancy leave and parental leave to which an employee is entitled is fifty-two weeks. 1991, c. 14, s. 19; 2000, c. 35, s. 1.


Interruption of leave by hospitalization of child
59C (1) Notwithstanding Section 59B, where an employee has begun parental leave pursuant to that Section and the child to whom the parental leave relates is hospitalized for a period exceeding or likely to exceed one week, the employee is entitled to return to and resume work in accordance with Section 59G and defer the unused portion of the parental leave until the child is discharged from the hospital, upon giving the employer notice in accordance with Section 59D.

(2) An employee is entitled pursuant to subsection (1) to only one interruption and deferral of each parental leave. 1991, c. 14, s. 19.


Notice
59D (1) An employee shall give the employer four weeks' notice of
(a) the date the employee will begin pregnancy leave pursuant to Section 59 or parental leave pursuant to subsection (3) of Section 59B; and
(b) the date the employee will return to work upon completion of the leave unless the employee will take the maximum leave to which the employee is entitled.

(2) Notice given pursuant to subsection (1) may be amended from time to time by the employee
(a) by changing any date in the notice to an earlier date if the notice is amended at least four weeks before that earlier date;
(b) by changing any date in the notice to a later date if the notice is amended at least four weeks before the original date; and
(c) by adding the date that the employee will return to work if the notice is amended at least four weeks before the employee would have been required to return to work.

(3) An employee shall give the employer as much notice as reasonably practicable of
(a) the date the employee will begin pregnancy leave pursuant to Section 59 where she is advised by a legally qualified medical practitioner to begin pregnancy leave sooner than planned because of medical circumstances resulting from her pregnancy;
(b) the delivery where the actual delivery occurs sooner than expected;
(c) the first arrival of the child or children in the employee's home where that arrival is not anticipated or occurs sooner than reasonably expected;
(d) the return to work of the employee pursuant to Section 59C; and
(e) the resumption of parental leave by the employee in accordance with Section 59C, and subsection (1) does not apply.

(4) Notice given pursuant to this Section shall be put in writing where the employer so requests. 1991, c. 14, s. 19.


Proof of entitlement
59E (1) Upon the request of the employer, where an employee takes parental leave pursuant to Section 59B, interrupts and defers leave pursuant to Section 59C or gives notice pursuant to subsection (3) of Section 59D, the employee shall provide such proof as is reasonably necessary to establish the entitlement of the employee pursuant to those provisions.

(2) The certificate of a legally qualified medical practitioner or, in the case of adoption, of an official in the Department of Community Services with knowledge of the proposed adoption is sufficient proof for the purpose of subsection (1) of the matters attested to in the certificate. 1991, c. 14, s. 19.


Maintenance of benefit plan
59F (1) For the periods of time specified in Sections 59, 59A, 59B and 59C, the employer shall grant to the employee the option of maintaining a benefit plan in which the employee participated prior to the commencement of that period and shall notify the employee in writing of the option and the date beyond which the option may no longer be exercised at least ten days prior to the last day on which the option could be exercised to avoid an interruption in benefits.

(2) Where the employee opts in writing to maintain the benefit plan referred to in subsection (1), the employee shall enter into an arrangement with the employer to pay the cost required to maintain the benefit plan, including the employer's share thereof, and the employer shall process the documentation and payments as arranged.

(3) Nothing in subsection (2) prevents an employer from contributing to the cost of a benefit plan referred to in subsection (1). 1991, c. 14, s. 19.


Resumption of work
59G (1) When an employee returns to work upon the expiry of a leave of absence taken pursuant to Section 59, 59A or 59B or returns to work pursuant to Section 59C, the employer shall permit the employee to resume work
(a) in the position held by the employee immediately before the leave began or, where that position is not available, in a comparable position with not less than the same wages and benefits; and
(b) with no loss of seniority or benefits accrued to the commencement of the leave.

(2) Where the employer's operations are or will be suspended or discontinued when the employee returns to work upon the expiry of a leave of absence taken pursuant to Sections 59, 59A or 59B or returns to work pursuant to Section 59C, subsection (1) of this Section does not apply and the employer shall comply with Section 72 and, when the operation resumes, subsection (1) applies subject to the employer's seniority system, if any.

(3) For greater certainty, nothing in this Section limits any protection provided to an employee by a collective agreement or other contract of employment or by the Human Rights Act. 1991, c. 14, s. 19.


Interpretation of Sections 59 to 59G
59H For greater certainty, nothing in Sections 59 to 59G limits any benefits to which an employee would otherwise be entitled. 1991, c. 14, s. 19.


Complaint to Director or Tribunal
60 (1) An employee who is denied a leave of absence, the opportunity to resume work, seniority or benefits to which the employee is entitled by Section 59, 59A, 59B, 59C, 59F or 59G may make a complaint to the Director in accordance with Section 21.
(2) The Director shall treat a complaint under subsection (1) which alleges that an employee has not been paid all pay as a complaint under Section 81.
(3) An employee who has made a complaint under subsection (1) and who is not satisfied with the result may make a complaint to the Tribunal in accordance with Section 23. R.S., c. 246, s. 60; 1991, c. 14, s. 20.


BEREAVEMENT LEAVE AND COURT LEAVE

Bereavement leave
60A An employee is entitled to an unpaid leave of absence of
(a) up to, at the employee's option, three consecutive working days upon the death of the employee's spouse, parent, guardian, child or ward;
(b) one working day upon the death of the employee's grandparent, grandchild, sister, brother, mother-in-law, father-in-law, son-in-law, daughter-in-law, sister-in-law or brother-in-law. 1991, c. 14, s. 21.

Court leave
60B An employee is entitled to an unpaid leave of absence for such time as the employee is required to perform jury duty or is required by subpoena or summons to attend as a witness at a place other than the place of employment of the employee. 1991, c. 14, s. 21.

Notice
60C Before taking bereavement leave pursuant to Section 60A or court leave pursuant to Section 60B, an employee shall give the employer as much notice as reasonably practicable of the employee's intention to take the leave. 1991, c. 14, s. 21.

Complaint to Director or Tribunal
60D (1) An employee who is denied a leave of absence pursuant to Section 60A or 60B or the opportunity to resume work on account of taking such leave may make a complaint to the Director in accordance with Section 21.

(2) An employee who makes a complaint pursuant to subsection (1) and who is not satisfied with the result may make a complaint to the Tribunal in accordance with Section 23. 1991, c. 14, s. 21.

COMPASSIONATE-CARE LEAVE

Entitlement to unpaid compassionate-care leave
60E (1) In this Section,
(a) "common-law partner" of an individual means another individual who has cohabited with the individual in a conjugal relationship for a period of at least one year;
(b) "family member", in relation to an employee, means
(i) a spouse or common-law partner of the employee,
(ii) a child of the employee or a child of the employee's spouse or common-law partner,
(iii) a parent of the employee or a spouse or common-law partner of the parent, and
(iv) any other person who is a member of a class of persons prescribed in the regulations for the purpose of this definition;
(c) "week" means the period between midnight on Saturday and midnight on the following Saturday.

(2) An employee who has been employed by an employer for a period of at least three months is entitled to an unpaid leave of absence of up to eight weeks to provide care or support to a family member of the employee if a legally qualified medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within twenty-six weeks from
(a) the day the certificate is issued; or
(b) where the leave was begun before the certificate was issued, the day the leave was begun.

(3) The leave of absence referred to in subsection (2) may only be taken during the period
(a) that begins with
(i) the first day of the week in which the certificate is issued, or
(ii) where the leave was begun before the certificate was issued, the first day of the week in which the leave was begun 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:
(i) the family member dies, or
(ii) the expiration of twenty-six weeks following the first day of the week referred to in clause (a).

(4) A leave of absence under this Section may only be taken in periods of not less than one week's duration.

(5) Where requested in writing by the employer, the employee must provide the employer with a copy of the certificate referred to in subsection (2).

(6) For the period of time specified in subsection (2), the employer shall grant to the employee the option of maintaining a benefit plan in which the employee participated before the beginning of that period and shall notify the employee in writing of the option and the date beyond which the option may no longer be exercised at least ten days before the last day on which the option could be exercised to avoid an interruption in benefits.

(7) Where the employee opts in writing to maintain the benefit plan referred to in subsection (6), the employee shall enter into an arrangement with the employer to pay the cost required to maintain the benefit plan, including the employer's share thereof, and the employer shall process the documentation and payments as arranged.

(8) Nothing in subsection (7) prevents an employer from contributing to the cost of a benefit plan referred to in subsection (6).

(9) An employee shall advise an employer as soon as possible of any intention to take a leave of absence under this Section. 2003 (2nd Sess.), c. 4, s. 2.

Sections 59G to 60 apply
60F Sections 59G to 60 apply mutatis mutandis to an employee who takes a leave of absence pursuant to Section 60E. 2003 (2nd Sess.), c. 4, s. 2.

SICK LEAVE
Entitlement to unpaid sick leave
60G (1) An employee is entitled to a maximum of three days of unpaid leave per year where the leave is required
(a) due to the sickness of a child, parent or family member; or
(b) for medical, dental or other similar appointments during working hours.

(2) Section 60D applies mutatis mutandis. 2003 (2nd Sess.), c. 7, s. 12; 2004, c. 6, s. 20.

RESERVISTS
Unpaid service leave
60H (1) In this Section,
(a) "Reserves" means that component of the Canadian Forces referred to in the National Defence Act (Canada) as the reserve force;
(b) "service" means a period of active duty or training in the Reserves

(2) An employee, who has been employed by an employer for at least one year and is required to be absent from the employer's civilian employment for purpose of service, is entitled to an unpaid leave of absence upon
(a) giving the employer the required notice of the date that the leave will begin and the anticipated date of return to work; and
(b) providing to the employer, where the employer so requests, a certificate from an official with the Reserves stating that the employee is a member, is required for service and, where possible, specifying the expected dates for the period of service.

(3) Every employee taking a leave of absence pursuant to subsection (2) shall
(a) provide the employer with reasonable notice prior to the date when the employee intends to take a leave of absence for a period of service; and
(b) provide the employer with reasonable notice prior to the date when the employee intends to return to work upon completion of service.

(4) Notice given pursuant to this Section must be put in writing if the employer so requests.

(5) Sections 59F to 60 apply mutatis mutandis to an employee who takes a leave of absence pursuant to this Section. 2006, c. 13, s. 9.

Ontario - Leave of Absence

LEAVES OF ABSENCE

Definitions

45. In this Part,

“parent” includes a person with whom a child is placed for adoption and a person who is in a relationship of some permanence with a parent of a child and who intends to treat the child as his or her own, and “child” has a corresponding meaning; (“père ou mère”)

“spouse” means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage. (“conjoint”) 2000, c. 41, s. 45; 2001, c. 9, Sched. I, s. 1 (9); 2004, c. 15, s. 2; 2005, c. 5, s. 23.


Pregnancy Leave

46. (1) A pregnant employee is entitled to a leave of absence without pay unless her due date falls fewer than 13 weeks after she commenced employment. 2000, c. 41, s. 46 (1).


When leave may begin

(2) An employee may begin her pregnancy leave no earlier than the earlier of,

(a) the day that is 17 weeks before her due date; and

(b) the day on which she gives birth. 2000, c. 41, s. 46 (2).


Exception

(3) Clause (2) (b) does not apply with respect to a pregnancy that ends with a still-birth or miscarriage. 2000, c. 41, s. 46 (3).

Latest day for beginning pregnancy leave

(3.1) An employee may begin her pregnancy leave no later than the earlier of,

(a) her due date; and

(b) the day on which she gives birth. 2001, c. 9, Sched. I, s. 1 (10).


Notice

(4) An employee wishing to take pregnancy leave shall give the employer,

(a) written notice at least two weeks before the day the leave is to begin; and

(b) if the employer requests it, a certificate from a legally qualified medical practitioner stating the due date. 2000, c. 41, s. 46 (4).


Notice to change date

(5) An employee who has given notice to begin pregnancy leave may begin the leave,

(a) on an earlier day than was set out in the notice, if the employee gives the employer a new written notice at least two weeks before that earlier day; or

(b) on a later day than was set out in the notice, if the employee gives the employer a new written notice at least two weeks before the day set out in the original notice. 2000, c. 41, s. 46 (5).

Same, complication, etc.

(6) If an employee stops working because of a complication caused by her pregnancy or because of a birth, still-birth or miscarriage that occurs earlier than the due date, subsection (4) does not apply and the employee shall, within two weeks after stopping work, give the employer,

(a) written notice of the day the pregnancy leave began or is to begin; and

(b) if the employer requests it, a certificate from a legally qualified medical practitioner stating,

(i) in the case of an employee who stops working because of a complication caused by her pregnancy, that she is unable to perform the duties of her position because of the complication and stating her due date,

(ii) in any other case, the due date and the actual date of the birth, still-birth or miscarriage. 2000, c. 41, s. 46 (6).


End of pregnancy leave

47. (1) An employee’s pregnancy leave ends,

(a) if she is entitled to parental leave, 17 weeks after the pregnancy leave began;

(b) if she is not entitled to parental leave, on the day that is the later of,

(i) 17 weeks after the pregnancy leave began, and

(ii) six weeks after the birth, still-birth or miscarriage. 2000, c. 41, s. 47 (1).


Ending leave early

(2) An employee may end her leave earlier than the day set out in subsection (1) by giving her employer written notice at least four weeks before the day she wishes to end her leave. 2000, c. 41, s. 47 (2).


Changing end date

(3) An employee who has given notice under subsection (2) to end her pregnancy leave may end the leave,

(a) on an earlier day than was set out in the notice, if the employee gives the employer a new written notice at least four weeks before the earlier day; or

(b) on a later day than was set out in the notice, if the employee gives the employer a new written notice at least four weeks before the day indicated in the original notice. 2000, c. 41, s. 47 (3).


Employee not returning

(4) An employee who takes pregnancy leave shall not terminate her employment before the leave expires or when it expires without giving the employer at least four weeks’ written notice of the termination. 2000, c. 41, s. 47 (4).


Exception

(5) Subsection (4) does not apply if the employer constructively dismisses the employee. 2000, c. 41, s. 47 (5).


Parental Leave

48. (1) An employee who has been employed by his or her employer for at least 13 weeks and who is the parent of a child is entitled to a leave of absence without pay following the birth of the child or the coming of the child into the employee’s custody, care and control for the first time. 2000, c. 41, s. 48 (1).


When leave may begin

(2) An employee may begin parental leave no later than 52 weeks after the day the child is born or comes into the employee’s custody, care and control for the first time. 2000, c. 41, s. 48 (2).


Restriction if pregnancy leave taken

(3) An employee who has taken pregnancy leave must begin her parental leave when her pregnancy leave ends unless the child has not yet come into her custody, care and control for the first time. 2000, c. 41, s. 48 (3).


Notice

(4) Subject to subsection (6), an employee wishing to take parental leave shall give the employer written notice at least two weeks before the day the leave is to begin. 2000, c. 41, s. 48 (4).


Notice to change date

(5) An employee who has given notice to begin parental leave may begin the leave,

(a) on an earlier day than was set out in the notice, if the employee gives the employer a new written notice at least two weeks before that earlier day; or

(b) on a later day than was set out in the notice, if the employee gives the employer a new written notice at least two weeks before the day set out in the original notice. 2000, c. 41, s. 48 (5).


If child earlier than expected

(6) If an employee stops working because a child comes into the employee’s custody, care and control for the first time earlier than expected,

(a) the employee’s parental leave begins on the day he or she stops working; and

(b) the employee must give the employer written notice that he or she is taking parental leave within two weeks after stopping work. 2000, c. 41, s. 48 (6).


End of parental leave

49. (1) An employee’s parental leave ends 35 weeks after it began, if the employee also took pregnancy leave and 37 weeks after it began, otherwise. 2000, c. 41, s. 49 (1).


Ending leave early

(2) An employee may end his or her parental leave earlier than the day set out in subsection (1) by giving the employer written notice at least four weeks before the day he or she wishes to end the leave. 2000, c. 41, s. 49 (2).


Changing end date

(3) An employee who has given notice to end his or her parental leave may end the leave,

(a) on an earlier day than was set out in the notice, if the employee gives the employer a new written notice at least four weeks before the earlier day; or

(b) on a later day than was set out in the notice, if the employee gives the employer a new written notice at least four weeks before the day indicated in the original notice. 2000, c. 41, s. 49 (3).


Employee not returning

(4) An employee who takes parental leave shall not terminate his or her employment before the leave expires or when it expires without giving the employer at least four weeks’ written notice of the termination. 2000, c. 41, s. 49 (4).


Exception

(5) Subsection (4) does not apply if the employer constructively dismisses the employee. 2000, c. 41, s. 49 (5).


Family Medical Leave

49.1 (1) In this section,

“qualified health practitioner” means a person who is qualified to practise medicine under the laws of the jurisdiction in which care or treatment is provided to the individual described in subsection (3) or, in the prescribed circumstances, a member of a prescribed class of health practitioners; (“praticien de la santé qualifié”)

“week” means a period of seven consecutive days beginning on Sunday and ending on Saturday. (“semaine”) 2004, c. 15, s. 3.


Entitlement to leave

(2) An employee is entitled to a leave of absence without pay of up to eight weeks to provide care or support to an individual described in subsection (3) if a qualified health practitioner issues a certificate stating that the individual has a serious medical condition with a significant risk of death occurring within a period of 26 weeks or such shorter period as may be prescribed. 2004, c. 15, s. 3.


Application of subs. (2)

(3) Subsection (2) applies in respect of the following individuals:

1. The employee’s spouse.

2. A parent, step-parent or foster parent of the employee.

3. A child, step-child or foster child of the employee or the employee’s spouse.

4. Any individual prescribed as a family member for the purpose of this section. 2004, c. 15, s. 3.


Earliest date leave can begin

(4) The employee may begin a leave under this section no earlier than the first day of the week in which the period referred to in subsection (2) begins. 2004, c. 15, s. 3.


Latest date employee can remain on leave

(5) The employee may not remain on a leave under this section after the earlier of the following dates:

1. The last day of the week in which the individual described in subsection (3) dies.

2. The last day of the week in which the period referred to in subsection (2) ends. 2004, c. 15, s. 3.


Two or more employees

(6) If two or more employees take leaves under this section in respect of a particular individual, the total of the leaves taken by all the employees shall not exceed eight weeks during the period referred to in subsection (2) that applies to the first certificate issued for the purpose of this section. 2004, c. 15, s. 3.


Full-week periods

(7) An employee may take a leave under this section only in periods of entire weeks. 2004, c. 15, s. 3.


Advising employer

(8) An employee who wishes to take leave under this section shall advise his or her employer in writing that he or she will be doing so. 2004, c. 15, s. 3.


Same

(9) If the employee must begin the leave before advising the employer, the employee shall advise the employer of the leave in writing as soon as possible after beginning it. 2004, c. 15, s. 3.


Copy of certificate

(10) If requested by the employer, the employee shall provide the employer with a copy of the certificate referred to in subsection (2) as soon as possible. 2004, c. 15, s. 3.


Further leave

(11) If an employee takes a leave under this section and the individual referred to in subsection (3) does not die within the period referred to in subsection (2), the employee may, in accordance with this section, take another leave and, for that purpose, the reference in subsection (6) to “the first certificate” shall be deemed to be a reference to the first certificate issued after the end of that period. 2004, c. 15, s. 3.


Leave under s. 50

(12) An employee’s entitlement to leave under this section is in addition to any entitlement to leave under section 50. 2004, c. 15, s. 3.


Organ Donor Leave

Definitions

49.2 (1) In this section,

“legally qualified medical practitioner” means,

(a) in the case of surgery for the purpose of organ donation that takes place in Ontario, a member of the College of Physicians and Surgeons of Ontario, and

(b) in the case of surgery for the purpose of organ donation that takes place outside Ontario, a person who is qualified to practise medicine under the laws of that jurisdiction; (“médecin dûment qualifié”)

“organ” means kidney, liver, lung, pancreas, small bowel or any other organ that is prescribed for the purpose of this section; (“organe”)

“organ donation” means the donation of all or part of an organ to a person; (“don d’organe”)

“prescribed” means prescribed by a regulation made under this section. (“prescrit”) 2009, c. 16, s. 2.


Application to prescribed tissue

(2) References to organs in this section also apply to tissue that is prescribed for the purpose of this section. 2009, c. 16, s. 2.


Entitlement to leave

(3) An employee who has been employed by his or her employer for at least 13 weeks and undergoes surgery for the purpose of organ donation is entitled to a leave of absence without pay. 2009, c. 16, s. 2.


Certificate

(4) The employer may require an employee who takes leave under this section to provide a certificate issued by a legally qualified medical practitioner confirming that the employee has undergone or will undergo surgery for the purpose of organ donation. 2009, c. 16, s. 2.


Length of leave

(5) The employee is entitled to take leave for the prescribed period or, if no period is prescribed, for up to 13 weeks. 2009, c. 16, s. 2.


Extended leave

(6) When the leave described in subsection (5) ends, if a legally qualified medical practitioner issues a certificate stating that the employee is not yet able to perform the duties of his or her position because of the organ donation and will not be able to do so for a specified time, the employee is entitled to extend the leave for the specified time, subject to subsection (7). 2009, c. 16, s. 2.


Same

(7) The leave may be extended more than once, but the total extension period shall not exceed 13 weeks. 2009, c. 16, s. 2.


When leave begins

(8) The employee may begin a leave described in subsection (5) on the day that he or she undergoes surgery for the purpose of organ donation, or on the earlier day specified in a certificate issued by a legally qualified medical practitioner. 2009, c. 16, s. 2.


When leave ends

(9) Subject to subsections (10) and (11), a leave under this section ends when the prescribed period has expired or, if no period is prescribed, 13 weeks after the leave began. 2009, c. 16, s. 2.


Same

(10) If the employee extends the leave in accordance with subsection (6), the leave ends on the earlier of,

(a) the day specified in the most recent certificate under subsection (6); or

(b) the day that is,

(i) if no period is prescribed for the purposes of subsection (5), 26 weeks after the leave began, or

(ii) if a period is prescribed for the purposes of subsection (5), 13 weeks after the end of the prescribed period. 2009, c. 16, s. 2.


Ending leave early

(11) The employee may end the leave earlier than provided in subsection (9) or (10) by giving the employer written notice at least two weeks before the day the employee wishes to end the leave. 2009, c. 16, s. 2.


Advising employer

(12) An employee who wishes to take leave under this section or to extend a leave under this section shall give the employer written notice, at least two weeks before beginning or extending the leave, if possible. 2009, c. 16, s. 2.


Same

(13) If the employee must begin or extend the leave before advising the employer, the employee shall advise the employer of the matter in writing as soon as possible after beginning or extending the leave. 2009, c. 16, s. 2.


Duty to provide certificate

(14) When the employer requires a certificate under subsection (4), (6) or (8), the employee shall provide it as soon as possible. 2009, c. 16, s. 2.


Leave under s. 50

(15) An employee’s entitlement to leave under this section is in addition to any entitlement to leave under section 50. 2009, c. 16, s. 2.


Personal Emergency Leave

50. (1) An employee whose employer regularly employs 50 or more employees is entitled to a leave of absence without pay because of any of the following:

1. A personal illness, injury or medical emergency.

2. The death, illness, injury or medical emergency of an individual described in subsection (2).

3. An urgent matter that concerns an individual described in subsection (2). 2000, c. 41, s. 50 (1).


Same

(2) Paragraphs 2 and 3 of subsection (1) apply with respect to the following individuals:

1. The employee’s spouse.

2. A parent, step-parent or foster parent of the employee or the employee’s spouse.

3. A child, step-child or foster child of the employee or the employee’s spouse.

4. A grandparent, step-grandparent, grandchild or step-grandchild of the employee or of the employee’s spouse.

5. The spouse of a child of the employee.

6. The employee’s brother or sister.

7. A relative of the employee who is dependent on the employee for care or assistance. 2000, c. 41, s. 50 (2); 2004, c. 15, s. 4.


Advising employer

(3) An employee who wishes to take leave under this section shall advise his or her employer that he or she will be doing so. 2000, c. 41, s. 50 (3).


Same

(4) If the employee must begin the leave before advising the employer, the employee shall advise the employer of the leave as soon as possible after beginning it. 2000, c. 41, s. 50 (4).


Limit

(5) An employee is entitled to take a total of 10 days’ leave under this section in each calendar year. 2000, c. 41, s. 50 (5); 2004, c. 21, s. 8.


Leave deemed to be taken in entire days

(6) If an employee takes any part of a day as leave under this section, the employer may deem the employee to have taken one day’s leave on that day for the purposes of subsection (5). 2000, c. 41, s. 50 (6).


Evidence

(7) An employer may require an employee who takes leave under this section to provide evidence reasonable in the circumstances that the employee is entitled to the leave. 2000, c. 41, s. 50 (7).


Emergency Leave, Declared Emergencies

50.1 (1) An employee is entitled to a leave of absence without pay if the employee will not be performing the duties of his or her position because of an emergency declared under section 7.0.1 of the Emergency Management and Civil Protection Act and,

(a) because of an order that applies to him or her made under section 7.0.2 of the Emergency Management and Civil Protection Act;

(b) because of an order that applies to him or her made under the Health Protection and Promotion Act;

(c) because he or she is needed to provide care or assistance to an individual referred to in subsection (8); or

(d) because of such other reasons as may be prescribed. 2006, c. 13, s. 3 (3).


Advising employer

(2) An employee who takes leave under this section shall advise his or her employer that he or she will be doing so. 2006, c. 13, s. 3 (3).


Same

(3) If the employee begins the leave before advising the employer, the employee shall advise the employer of the leave as soon as possible after beginning it. 2006, c. 13, s. 3 (3).


Evidence of entitlement

(4) An employer may require an employee who takes leave under this section to provide evidence reasonable in the circumstances at a time that is reasonable in the circumstances that the employee is entitled to the leave. 2006, c. 13, s. 3 (3).


Limit

(5) An employee is entitled to take a leave under this section for as long as he or she is not performing the duties of his or her position because of an emergency declared under section 7.0.1 of the Emergency Management and Civil Protection Act and a reason referred to in clause (1) (a), (b), (c) or (d), but, subject to subsection (6), the entitlement ends on the day the emergency is terminated or disallowed. 2006, c. 13, s. 3 (3).


Same

(6) If an employee took leave because he or she was not performing the duties of his or her position because of an emergency that has been terminated or disallowed and because of an order made under subsection 7.0.2 (4) of the Emergency Management and Civil Protection Act and the order is extended under subsection 7.0.8 (4) of that Act, the employee’s entitlement to leave continues during the period of the extension if he or she is not performing the duties of his or her position because of the order. 2006, c. 13, s. 3 (3).


Additional to entitlement under s. 50

(7) The entitlement to leave under this section is in addition to the entitlement to leave under section 50. 2006, c. 13, s. 3 (3).


Care or assistance, specified individuals

(8) Clause (1) (c) applies with respect to the following individuals:

1. The employee’s spouse.

2. A parent, step-parent or foster parent of the employee or the employee’s spouse.

3. A child, step-child or foster child of the employee or the employee’s spouse.

4. A grandparent, step-grandparent, grandchild or step-grandchild of the employee or of the employee’s spouse.

5. The spouse of a child of the employee.

6. The employee’s brother or sister.

7. A relative of the employee who is dependent on the employee for care or assistance. 2006, c. 13, s. 3 (3).


Definitions

(9) The definitions of “parent” and “spouse” in section 45 apply for the purpose of subsection (8). 2006, c. 13, s. 3 (3).


Retroactive order

(10) If an order made under section 7.0.2 of the Emergency Management and Civil Protection Act is made retroactive pursuant to subsection 7.2 (1) of that Act,

(a) an employee who does not perform the duties of his or her position because of the declared emergency and the order is deemed to have been on leave beginning on the first day the employee did not perform the duties of his or her position on or after the date to which the order was made retroactive; and

(b) clause 74 (1) (a) applies with necessary modifications in relation to the deemed leave described in clause (a). 2006, c. 13, s. 3 (3).


Reservist Leave

50.2 (1) An employee is entitled to a leave of absence without pay if the employee is a reservist and will not be performing the duties of his or her position because,

(a) the employee is deployed to a Canadian Forces operation outside Canada;

(b) the employee is deployed to a Canadian Forces operation inside Canada that is or will be providing assistance in dealing with an emergency or with its aftermath; or

(c) the prescribed circumstances apply. 2007, c. 16, Sched. A, s. 3.


Activities included in deployment outside Canada

(2) Participation, whether inside or outside Canada, in pre-deployment or post-deployment activities that are required by the Canadian Forces in connection with an operation described in clause (1) (a) is considered deployment to the operation for the purposes of that clause. 2007, c. 16, Sched. A, s. 3.


Restriction

(3) An employee is not entitled to begin a leave under this section unless he or she has been employed by the employer for at least the prescribed period or, if no period is prescribed, for at least six consecutive months. 2007, c. 16, Sched. A, s. 3.


Length of leave

(4) An employee is entitled to take leave under this section for the prescribed period or, if no period is prescribed, for as long as clause (1) (a) or (b) or the circumstances set out in a regulation made under clause (1) (c) apply to him or her. 2007, c. 16, Sched. A, s. 3.


Advising employer re start of leave

(5) An employee who intends to take a leave under this section shall give his or her employer the prescribed period of notice of the day on which he or she will begin the leave or, if no notice period is prescribed, reasonable notice. 2007, c. 16, Sched. A, s. 3.


Same

(6) Despite subsection (5), if the employee must begin the leave before advising the employer, the employee shall advise the employer of the leave as soon as possible after beginning it. 2007, c. 16, Sched. A, s. 3.


Evidence of entitlement

(7) An employer may require an employee who takes a leave under this section to provide evidence that the employee is entitled to the leave. 2007, c. 16, Sched. A, s. 3.


Same

(8) When evidence is required under subsection (7), the employee shall,

(a) provide the prescribed evidence, or evidence reasonable in the circumstances if no evidence is prescribed; and

(b) provide the evidence at the prescribed time, or at a time reasonable in the circumstances if no time is prescribed. 2007, c. 16, Sched. A, s. 3.


Advising employer re end of leave

(9) An employee who intends to end a leave taken under this section shall give his or her employer the prescribed period of notice of the day on which he or she intends to end the leave or, if no notice period is prescribed, reasonable notice. 2007, c. 16, Sched. A, s. 3.


Written notice

(10) Notice under subsection (5), (6) or (9) shall be given in writing. 2007, c. 16, Sched. A, s. 3.


Definition, emergency

(11) In clause (1) (b),

“emergency” means,

(a) a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise, or

(b) a situation in which a search and rescue operation takes place. 2007, c. 16, Sched. A, s. 3.


Transition

(12) This section applies only if,

(a) the deployment described in subsection (1) begins on or after the day the Fairness for Military Families Act (Employment Standards and Health Insurance), 2007 receives Royal Assent; and

(b) notice under subsection (5) or (6) is given on or after the day described in clause (a). 2007, c. 16, Sched. A, s. 3.


General Provisions Concerning Leaves

Rights during leave

51. (1) During any leave under this Part, an employee continues to participate in each type of benefit plan described in subsection (2) that is related to his or her employment unless he or she elects in writing not to do so. 2000, c. 41, s. 51 (1).


Benefit plans

(2) Subsection (1) applies with respect to pension plans, life insurance plans, accidental death plans, extended health plans, dental plans and any prescribed type of benefit plan. 2000, c. 41, s. 51 (2).


Employer contributions

(3) During an employee’s leave under this Part, the employer shall continue to make the employer’s contributions for any plan described in subsection (2) unless the employee gives the employer a written notice that the employee does not intend to pay the employee’s contributions, if any. 2000, c. 41, s. 51 (3).


Reservist leave

(4) Subsections (1), (2) and (3) do not apply in respect of an employee during a leave under section 50.2, unless otherwise prescribed. 2007, c. 16, Sched. A, s. 4.


Exception

(5) Despite subsection (4), subsections (1), (2) and (3) apply in respect of an employee during a period of postponement under subsection 53 (1.1), unless otherwise prescribed. 2007, c. 16, Sched. A, s. 4.


Leave and vacation conflict

51.1 (1) An employee who is on leave under this Part may defer taking vacation until the leave expires or, if the employer and employee agree to a later date, until that later date if,

(a) under the terms of the employee’s employment contract, the employee may not defer taking vacation that would otherwise be forfeited or the employee’s ability to do so is restricted; and

(b) as a result, in order to exercise his or her right to leave under this Part, the employee would have to,

(i) forfeit vacation or vacation pay, or

(ii) take less than his or her full leave entitlement. 2001, c. 9, Sched. I, s. 1 (11).


Leave and completion of vacation conflict

(2) If an employee is on leave under this Part on the day by which his or her vacation must be completed under paragraph 1 of section 35 or paragraph 1 of subsection 35.1 (2), the uncompleted part of the vacation shall be completed immediately after the leave expires or, if the employer and employee agree to a later date, beginning on that later date. 2001, c. 9, Sched. I, s. 1 (11); 2002, c. 18, Sched. J, s. 3 (22).


Alternative right, vacation pay

(3) An employee to whom this section applies may forego vacation and receive vacation pay in accordance with section 41 rather than completing his or her vacation under this section. 2001, c. 9, Sched. I, s. 1 (11).


Length of employment

52. (1) The period of an employee’s leave under this Part shall be included in calculating any of the following for the purpose of determining his or her rights under an employment contract:

1. The length of his or her employment, whether or not it is active employment.

2. The length of the employee’s service whether or not that service is active.

3. The employee’s seniority. 2000, c. 41, s. 52 (1).


Exception

(2) The period of an employee’s leave shall not be included in determining whether he or she has completed a probationary period under an employment contract. 2000, c. 41, s. 52 (2).


Reinstatement

53. (1) Upon the conclusion of an employee’s leave under this Part, the employer shall reinstate the employee to the position the employee most recently held with the employer, if it still exists, or to a comparable position, if it does not. 2000, c. 41, s. 53 (1).


Reservist leave

(1.1) Despite subsection (1), the employer of an employee who has been on leave under section 50.2 may postpone the employee’s reinstatement until,

(a) a prescribed day; or

(b) if no day is prescribed, the later of,

(i) the day that is two weeks after the day on which the leave ends, and

(ii) the first pay day that falls after the day on which the leave ends. 2007, c. 16, Sched. A, s. 5.


Same

(1.2) During the period of postponement, the employee is deemed to continue to be on leave under section 50.2 for the purposes of sections 51.1 and 52. 2007, c. 16, Sched. A, s. 5.


Exception

(2) Subsection (1) does not apply if the employment of the employee is ended solely for reasons unrelated to the leave. 2000, c. 41, s. 53 (2).


Wage rate

(3) The employer shall pay a reinstated employee at a rate that is equal to the greater of,

(a) the rate that the employee most recently earned with the employer; and

(b) the rate that the employee would be earning had he or she worked throughout the leave. 2000, c. 41, s. 53 (3).

Prince Edward Island - Leave of Absence

MATERNITY LEAVE

Unlawful dismissal
18. No employer shall dismiss, lay off or suspend an employee by reason only of the fact that the employee etc.
(a) is pregnant;
(b) is temporarily disabled because of pregnancy;
(c) has applied for maternity leave in accordance with section 19; or
(d) has applied for parental or adoption leave in accordance with section 22. 1992,c.18,s.18.

Maternity leave
19. Every employee who
(a) has been in the employment of the employer for a continuous period of twenty weeks or more;
(b) at least four weeks before the expected date of commencement of the leave, submits to the employer, an application for maternity leave specifying the date of commencement and the date of termination of the leave; and
(c) provides the employer with a certificate of a qualified medical practitioner certifying that the employee is pregnant and specifying the estimated date of birth, shall be granted by the employer maternity leave without pay from employment with the employer in accordance with section 20. 1992,c.18,
s.19; 2000,c.7,s.2.

Entitlement
20. (1) The maternity leave to which an employee is entitled pursuant to section 19 shall consist of a period not exceeding seventeen weeks commencing at any time during the period of eleven weeks immediately preceding the estimated date of birth.

Idem
(2) Notwithstanding subsection (1), where the actual date of birth is later than the estimated date of birth, the employee is entitled to not less than six weeks leave after the actual date.

Commencement of maternity leave
(3) Where the pregnancy of an employee would unreasonably interfere with the performance of the employee's duties, the employer may require the employee to commence maternity leave not more than three months prior to the estimated date of birth.

Onus of proof
(4) In any prosecution alleging a violation of subsection (3) the onus shall be upon the employer to prove that pregnancy of the employee would unreasonably interfere with the employee's duties. 11
12 Cap. E-6.2 Employment Standards Act

Return to work
(5) The employee may return to work and the employer may permit the employee to return to work at a date earlier than six weeks after the date of actual delivery. 1992,c.18,s.20.

Reinstatement on expiration of leave
21. (1) An employer who has granted maternity leave to an employee pursuant to sections 19 and 20 shall permit the employee to resume work in the position occupied by the employee at the time such leave commenced or, if that position no longer exists, in a comparable position with not less than the same wages and benefits the employee would have received if the employee had not been granted maternity leave and, in either case, with no loss of seniority or pension benefits.

Pension benefits
(2) For the avoidance of doubt, it is declared that an employer is not obliged to pay pension benefits in respect of any period of maternity leave granted to an employee. 1992,c.18,s.21.


PARENTAL AND ADOPTION LEAVE

Parental leave, persons entitled
22. (1) Every employee
(a) who has been in the employment of the employer for a continuous period of twenty weeks or more;
(b) who,
(i) becomes the natural mother or father of a child,
(ii) assumes actual care and custody of a child, for the purposes of adoption, or
(iii) adopts or obtains legal guardianship of a child under the law of a province, and
(c) who, at least four weeks before the expected date of commencement of the leave, submits to the employer, an application for parental leave, specifying the date of commencement and the date of termination of the leave, is entitled to and shall be granted, parental leave without pay for a continuous period of up to thirty five weeks.

Adoption, application date
(2) Notwithstanding subsection (1), in the case of leave pursuant to subclauses (1)(b)(ii) or (iii), an application for parental leave shall not be required earlier than the date on which the employee is notified of the placement of the child and the leave shall be granted without pay consisting of a continuous period of up to fifty two weeks.

Maximum aggregate leave
(2.1) Notwithstanding any other provision of this section, the aggregate amount of leave that may be taken by one or two employees under this section and section 20 in respect of the same event, shall not exceed fifty two weeks.
12
Employment Standards Act Cap. E-6.2 13

Leave only in specified period
(3) Subject to subsection (6), parental leave shall be taken only during the fifty two week period commencing on the date of the child's birth or the date on which the child comes into the custody of the employee, whichever is later.

Application of section 21
(4) Section 21 applies, with such modifications as the circumstances require, to parental, adoption or guardianship leave under this section.

Early return
(5) Notwithstanding subsection (1), an employer may accept an employee's return to work before the expiry of the parental leave granted provided that the employee gives the employer 2 weeks written notice of proposed return date.

Parental leave with maternity leave
(6) Where an employee intends to take parental leave in addition to maternity leave, the employee must commence the parental leave immediately on expiry of the maternity leave without a return to work after expiry of the maternity leave and before commencement of the parental leave, unless the employee and the employer otherwise agree.

Not applicable to foster parents
(7) This section does not apply to a person acting as a foster parent to a child. 1992,c.18,s.22; 2000,c.7,s.4.


FAMILY LEAVE

Family leave
22.1 (1) Where an employee has been employed by an employer for a continuous period of six months or more, the employer shall, at the request of the employee, grant the employee leaves of absence without pay of up to three days, in total, during a twelve calendar-month period to meet responsibilities related to the health or care of a person who is a member of the immediate family or extended family of the employee.

Details of leave to employer
(2) An employee who intends to take a leave of absence under subsection (1) shall advise the employer of the employee's intention to take the leave, the commencement date of the leave and, subject to subsection (1), the anticipated duration of the leave. 2003,c.35,s.3.


SICK LEAVE

Sick leave
22.2 (1) Where an employee has been employed by an employer for a continuous period of six months or more, the employer shall, at the request of the employee, grant the employee leaves of absence without pay of up to three days, in total, during a twelve calendar-month period for sick leave.

Medical certificate
(2) Where an employee requests a leave of absence under subsection
(1) that is three consecutive calendar days in length, the employer may require the employee to provide the employer with a certificate signed by
13
14 Cap. E-6.2 Employment Standards Act
a medical practitioner certifying that the employee is or was unable to work due to illness or injury.

Details of leave to employer
(3) An employee requesting leave under subsection (1) shall advise the employer, subject to subsections (1) and (2), of the anticipated duration of the leave. 2003,c.35,s.3.

COMPASSIONATE CARE LEAVE

Definitions
22.3 (1) In this section

immediate family
(a) "immediate family" means the spouse, common-law spouse, child, parent, brother or sister of an employee and any other person who is a member of a class of persons prescribed by the regulations for the purpose of this section;

qualified medical
(b) "qualified medical practitioner" means a person who is entitled practitioner to practice medicine under the laws of the jurisdiction or jurisdictions where the care or treatment of an immediate family member is provided.

Entitlement to unpaid leave
(2) Every employer shall grant an unpaid leave of absence of up to eight weeks to an employee for the purpose of providing care and support to a family member of the employee if the employee provides the employer, before or after taking the unpaid leave of absence, with a copy of a certificate issued by a qualified medical practitioner stating that a family member of the employee has a serious medical condition carrying with it a significant risk of death within 26 weeks.

Computation of time of leave
(3) An employee may only take an unpaid leave of absence under this section between the times specified in subsections (4) and (5).

Commencement of unpaid leave of absence
(4) An unpaid leave of absence taken under this section commences
(a) the first day of the work week for which the certificate was issued; or
(b) where the unpaid leave of absence was commenced before the certificate was issued, the first day of the work week in which the leave was commenced.

End of unpaid leave of absence
(5) An unpaid leave of absence taken under this section ends
(a) on the last day of the work week in which the employee's family member dies; or
(b) immediately after the expiration of 26 work weeks following the first day of the work week as determined under subsection (4).

Minimum period of absence
(6) An unpaid leave of absence taken under this section may only be taken in periods of not less than one work week's duration.
14
Employment Standards Act Cap. E-6.2 15

Total amount of leave
(7) The total amount of unpaid leave of absence 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 8 weeks.

Copy of certificate
(8) Where requested in writing by the employer within 15 days after an employee's return to work, the employee shall provide the employer with a copy of the certificate referred to in subsection (2). 2003,c.4,s.1.


BEREAVEMENT LEAVE

Leave without pay
23. (1) On the death of a member of the immediate family or extended family of an employee, the employer of the employee shall grant to the employee a leave of absence without pay of
(a) up to three consecutive calendar days, if the deceased person was a member of the immediate family of the employee; or
(b) one day, if the deceased person was a member of the extended family of the employee.

Timing of leave
(2) An employee may only take a leave of absence granted under this section during the period of bereavement and, if the employee intends to take such a leave of absence, the employee must commence the leave of absence not later than the day of the funeral.

Notice to employer
(3) An employee intending to take a leave of absence under this section shall advise the employer of the employee's intention to take the leave, the anticipated commencement date of the leave and the anticipated duration of the leave. 1992,c.18,s.23; 2003,c.35,s.4.


UNPAID LEAVE FOR RESERVISTS

Definitions
23.1 (1) In this section

Reserves
(a) "Reserves" means the component of the Canadian Forces referred to in the National Defence Act (Canada) as the reserve force;

service
(b) "service" means active duty or training in the Reserves.

Unpaid leave for reservist
(2) An employee who
(a) is a member of the Reserves;
(b) has been employed by the same employer in civilian employment for at least six consecutive months; and
(c) has volunteered for service and, as a result, is required to be absent from work for the purpose of service,
is entitled to an unpaid period of leave for the purpose of that service on (d) giving the employer the notice required by subsection (4); and
15
16 Cap. E-6.2 Employment Standards Act

(e) providing the employer, if the employer so requires, reasonable verification of the necessity of the leave, including a certificate from an official with the Reserves stating
(i) that the employee is a member of the Reserves and is required for service, and
(ii) if possible, the expected start and end dates for the period of service.

Length of leave
(3) The period of unpaid leave to which an employee is entitled under subsection (2) for the purpose of service is the period necessary to accommodate the period of service for which the employee is required to be absent from work.

Notice of leave for service
(4) An employee who intends to take an unpaid leave under subsection
(2) shall advise the employer, in writing and as soon as is reasonable and practical in the circumstances, of the employee's intention to take the unpaid leave and of the anticipated commencement date and end date of the unpaid leave.

Return to work after notice
(5) An employee on an unpaid leave under subsection (2) shall provide the employer with written notice of the expected date of the employee's return to work.

Deferral of employee's return to work
(6) The employer may defer the employee's return to work by up to two weeks or one pay period, whichever is longer, after receiving a notice from the employee under subsection (5).

Reinstatement on expiration of unpaid leave
(7) An employer who has granted unpaid leave to an employee pursuant to subsection (2) shall permit the employee to resume work in the position occupied by the employee at the time such unpaid leave commenced or, if that position no longer exists, in a comparable position with not less than the same wages and benefits the employee would have received if the employee had not been granted the unpaid leave, and, in either case, with no loss of seniority or pension benefits.

Pension benefits
(8) For the avoidance of doubt, an employer is not obliged to pay pension benefits in respect of any period of unpaid leave granted to an employee under subsection (2). 2007,c.5,s.1.

Quebec - Leave of Absence

DIVISION V.0.1
ABSENCES OWING TO SICKNESS, ACCIDENT OR A CRIMINAL OFFENCE
2002, c. 80, s. 27; 2007, c. 36, s. 4.


Maximum period.

79.1. An employee may be absent from work for a period of not more than 26 weeks over a period of 12 months, owing to sickness or accident.

Criminal offence.

However, an employee may be absent from work for a period of not more than 104 weeks if the employee suffers serious bodily injury during or resulting directly from a criminal offence that renders the employee unable to hold his regular position. In that case, the period of absence shall not begin before the date on which the criminal offence was committed, or before the expiry of the period provided for in the first paragraph, where applicable, and shall not end later than 104 weeks after the commission of the criminal offence.

Employment injury.

However, this section does not apply in the case of an employment injury within the meaning of the Act respecting industrial accidents and occupational diseases (chapter A-3.001).

2002, c. 80, s. 27; 2007, c. 36, s. 5.


Probable cause.

79.1.1. The second paragraph of section 79.1 applies if it may be inferred from the circumstances of the event that the employee's serious bodily injury is probably the result of a criminal offence.

Exclusion.

However, an employee may not take advantage of such a period of absence if it may be inferred from the circumstances that the employee was probably a party to the criminal offence or probably contributed to the injury by a gross fault.

2007, c. 36, s. 6.


Applicability.

79.1.2. The second paragraph of section 79.1 applies if the employee suffered the injury

(1) while lawfully arresting or attempting to arrest an offender or suspected offender or assisting a peace officer making an arrest; or

(2) while lawfully preventing or attempting to prevent the commission of an offence or suspected offence, or assisting a peace officer who is preventing or attempting to prevent the commission of an offence or suspected offence.

2007, c. 36, s. 6.


Notice to employer.

79.2. An employee must be credited with three months of uninterrupted service to take advantage of section 79.1, and the absence shall be without pay. In addition, the employee must advise the employer as soon as possible of a period of absence from work, giving the reasons for it. If it is warranted by the duration of the absence or its repetitive nature, for instance, the employer may request that the employee furnish a document attesting to those reasons.

Return to work.

During a period of absence under the second paragraph of section 79.1, the employee may return to work intermittently or on a part-time basis if the employer consents to it.

2002, c. 80, s. 27; 2007, c. 36, s. 7.


Group insurance and pension plans.

79.3. An employee's participation in the group insurance and pension plans recognized in the employee's place of employment shall not be affected by the absence from work, subject to regular payment of the contributions payable under those plans, the usual part of which is paid by the employer.

Advantages.

The Government shall determine, by regulation, the other advantages available to an employee during a period of absence.

2002, c. 80, s. 27; 2007, c. 36, s. 8.


Reinstatement of employee.

79.4. At the end of the period of absence, the employer shall reinstate the employee in the employee's former position with the same benefits, including the wages to which the employee would have been entitled had the employee remained at work. If the position held by the employee no longer exists when the employee returns to work, the employer shall recognize all the rights and privileges to which the employee would have been entitled if the employee had been at work at the time the position ceased to exist.

Dismissal, suspension, transfer.

Nothing in the first paragraph shall prevent an employer from dismissing, suspending or transferring an employee if, in the circumstances, the consequences of the sickness, accident or criminal offence or the repetitive nature of the absences constitute good and sufficient cause.

2002, c. 80, s. 27; 2007, c. 36, s. 9.


Dismissals or layoffs.

79.5. If the employer makes dismissals or layoffs that would have included the employee had the employee remained at work, the employee retains the same rights with respect to a return to work as the employees who were dismissed or laid off.

2002, c. 80, s. 27.


Benefit.

79.6. This division shall not grant to an employee any benefit to which the employee would not have been entitled if the employee had remained at work.

2002, c. 80, s. 27.


DIVISION V.1
FAMILY OR PARENTAL LEAVE AND ABSENCES
1990, c. 73, s. 30; 2002, c. 80, s. 28.

Family responsibilities.

79.7. An employee may be absent from work, without pay, for 10 days per year to fulfil obligations relating to the care, health or education of the employee's child or the child of the employee's spouse, or because of the state of health of the employee's spouse, father, mother, brother, sister or one of the employee's grandparents.

Divided leave.

The leave may be divided into days. A day may also be divided if the employer consents thereto.

Notice to employer.

The employee must advise the employer of his absence as soon as possible and take the reasonable steps within his power to limit the leave and the duration of the leave.

2002, c. 80, s. 29.


Illness or accident.

79.8. An employee may be absent from work for a period of not more than 12 weeks over a period of 12 months where he must stay with his child, spouse, the child of his spouse, his father, his mother, the spouse of his father or mother, his brother, his sister or one of his grandparents because of a serious illness or a serious accident.

Extension.

However, if a minor child of the employee has a serious and potentially mortal illness, attested by a medical certificate, the employee is entitled to an extension of the absence, which shall end at the latest 104 weeks after the beginning thereof.

2002, c. 80, s. 29; 2005, c. 13, s. 82; 2007, c. 36, s. 10.


Extension.

79.9. An employee is entitled to an extension of the period of absence under the first paragraph of section 79.8, which shall end not later than 104 weeks after the beginning of that period, if the employee must stay with his minor child who suffered serious bodily injury during or resulting directly from a criminal offence that renders the child unable to carry on regular activities.

2007, c. 36, s. 11.


Disappearance of minor child.

79.10. An employee may be absent from work for a period of not more than 52 weeks if the employee's minor child has disappeared. If the child is found before the expiry of the period of absence, that period shall end on the eleventh day that follows the day on which the child is found.

2007, c. 36, s. 11.


Suicide.

79.11. An employee may be absent from work for a period of not more than 52 weeks if the employee's spouse or child commits suicide.

2007, c. 36, s. 11.


Criminal offence.

79.12. An employee may be absent from work for a period of not more than 104 weeks if the death of the employee's spouse or child occurs during or results directly from a criminal offence.

2007, c. 36, s. 11.


Serious bodily harm.

79.13. Sections 79.9 to 79.12 apply if it may be inferred from the circumstances of the event that the serious bodily injury is probably the result of a criminal offence, the death is probably the result of such an offence or of a suicide, or the person who has disappeared is probably in danger.

Exclusion.

However, an employee may not take advantage of these provisions if it may be inferred from the circumstances that the employee or, in the case of section 79.12, the deceased person, if that person is the spouse or a child of full age, was probably a party to the criminal offence or probably contributed to the injury by a gross fault.

2007, c. 36, s. 11.


Provisions applicable.

79.14. Sections 79.9 and 79.12 apply if the injury or death occurs in one of the situations described in section 79.1.2.

2007, c. 36, s. 11.


Return to work.

79.15. A period of absence under sections 79.9 to 79.12 shall not begin before the date on which the criminal offence that caused the serious bodily injury was committed or before the date of the death or disappearance and shall not end later than 52 or 104 weeks after that date. However, during the period of absence, the employee may return to work intermittently or on a part-time basis if the employer consents to it.

New event.

If, during the same 52 or 104-week period, a new event occurs, affecting the same child and giving entitlement to a new period of absence, it is the longer period that applies, from the date of the first event.

2007, c. 36, s. 11.


Provisions applicable.

79.16. Section 79.2, the first paragraph of section 79.3 and sections 79.4, 79.5 and 79.6 apply to periods of absence under sections 79.8 to 79.12, with the necessary modifications.

2007, c. 36, s. 11.


Absence from work.

80. An employee may be absent from work for one day without reduction of wages by reason of the death or the funeral of his spouse, his child or the child of his spouse, or of his father, mother, brother or sister. He may also be absent from work, without pay, for four more days on such occasion.

1979, c. 45, s. 80; 1990, c. 73, s. 31; 2002, c. 6, s. 236; 2002, c. 80, s. 30.


Absence for death or funeral.

80.1. An employee may be absent from work for one day, without pay, by reason of the death or the funeral of a son-in-law, daughter-in-law, one of his grandparents or grandchildren, or of the father, mother, brother or sister of his spouse.

1990, c. 73, s. 32; 2002, c. 6, s. 236.


Notification.

80.2. In the circumstances referred to in section 80 or 80.1, the employee must advise his employer of his absence as soon as possible.

1990, c. 73, s. 32.


Absence from work.

81. An employee may be absent from work for one day without reduction of wages, on the day of his or her wedding or civil union.

Absence from work.

An employee may also be absent from work, without pay, on the day of the wedding or civil union of his or her child, father, mother, brother or sister or of a child of his or her spouse.

Notification.

The employee must advise his or her employer of his or her absence not less than one week in advance.

1979, c. 45, s. 81; 1990, c. 73, s. 33; 2002, c. 6, s. 145.


Absence for birth or adoption.

81.1. An employee may be absent from work for five days at the birth of his child, the adoption of a child or where there is a termination of pregnancy in or after the twentieth week of pregnancy. The first two days of absence shall be remunerated if the employee is credited with 60 days of uninterrupted service.

Division of leave.

This leave may be divided into days at the request of the employee. It may not be taken more than 15 days after the child arrives at the residence of its father or mother or after the termination of pregnancy.

Notification.

The employee must advise his employer of his absence as soon as possible.

1990, c. 73, s. 34; 2002, c. 6, s. 236; 2002, c. 80, s. 31; 2005, c. 13, s. 83.


Paternity leave.

81.2. An employee is entitled to a paternity leave of not more than five consecutive weeks, without pay, on the birth of his child.

Period.

The paternity leave shall not begin before the week of the birth of the child and shall not end later than 52 weeks after the week of the birth.

1990, c. 73, s. 34; 2002, c. 80, s. 32.


Written notice.

81.2.1. A paternity leave may be taken after giving written notice of not less than three weeks to the employer, stating the expected date of the leave and that of the return to work.

Exception.

However, the notice may be shorter if the birth of the child occurs before the expected date.

2008, c. 30, s. 3.


Examination related to pregnancy.

81.3. An employee may be absent from work without pay for a medical examination related to her pregnancy or for an examination related to her pregnancy carried out by a midwife.

Notification.

She shall advise her employer as soon as possible of the time at which she will be absent.

1990, c. 73, s. 34; 1999, c. 24, s. 21.


Maternity leave.

81.4. A pregnant employee is entitled to a maternity leave without pay of not more than 18 consecutive weeks unless, at her request, the employer consents to a longer maternity leave.

Period.

The employee may spread the maternity leave as she wishes before or after the expected date of delivery. However, where the maternity leave begins on the week of delivery, that week shall not be taken into account in calculating the maximum period of 18 consecutive weeks.

1990, c. 73, s. 34; 2002, c. 80, s. 33.


Late delivery.

81.4.1. If the delivery takes place after the expected date, the employee is entitled to at least two weeks of maternity leave after the delivery.

2002, c. 80, s. 34.


Beginning of leave.

81.5. The maternity leave shall not begin before the sixteenth week preceding the expected date of delivery and shall not end later than 18 weeks after the week of delivery.

1990, c. 73, s. 34; 2002, c. 80, s. 35; 2005, c. 13, s. 84.


Special maternity leave.

81.5.1. Where there is a risk of termination of pregnancy or a risk to the health of the mother or the unborn child, caused by the pregnancy and requiring a work stoppage, the employee is entitled to a special maternity leave, without pay, for the duration indicated in the medical certificate attesting the existing risk and indicating the expected date of delivery.

Presumption.

The leave is, where applicable, deemed to be the maternity leave provided for in section 81.4 from the beginning of the fourth week preceding the expected date of delivery.

2002, c. 80, s. 36.


Termination of pregnancy.

81.5.2. Where there is termination of pregnancy before the beginning of the twentieth week preceding the expected date of delivery, the employee is entitled to a special maternity leave, without pay, for a period of no longer than three weeks, unless a medical certificate attests that the employee needs an extended leave.

Maximum period.

If the termination of pregnancy occurs in or after the twentieth week, the employee is entitled to a maternity leave without pay of a maximum duration of 18 consecutive weeks beginning from the week of the event.

2002, c. 80, s. 36.


Notice to employer.

81.5.3. In the case of a termination of pregnancy or a premature birth, the employee must, as soon as possible, give written notice to the employer informing the employer of the event and the expected date of her return to work, accompanied with a medical certificate attesting to the event.

2002, c. 80, s. 36.


Written notice of leave.

81.6. The maternity leave may be taken after giving written notice of not less than three weeks to the employer, stating the date on which the leave will begin and the date on which the employee will return to work. The notice must be accompanied with a medical certificate attesting to the pregnancy and the expected date of delivery. Where applicable, the medical certificate may be replaced by a written report signed by a midwife.

Shorter notice.

The notice may be of less than three weeks if the medical certificate attests that the employee needs to stop working within a shorter time.

1990, c. 73, s. 34; 1999, c. 24, s. 22.


81.7. (Repealed).

1990, c. 73, s. 34; 2002, c. 80, s. 37.


Medical certificate.

81.8. From the sixth week preceding the expected date of delivery, the employer may, in writing, require a pregnant employee who is still at work to produce a medical certificate attesting that she is fit to work.

Immediate leave.

If the employee refuses or neglects to produce the certificate within eight days, the employer may oblige her to take her maternity leave immediately by sending her a written notice to that effect giving reasons.

1990, c. 73, s. 34.


Medical certificate.

81.9. Notwithstanding the notice provided for in section 81.6, the employee may return to work before the expiry of her maternity leave. However, the employer may require a medical certificate from an employee who returns to work within the two weeks following delivery, attesting to the fact that she is fit to work.

1990, c. 73, s. 34; 2002, c. 80, s. 38.


Parental leave.

81.10. The father and the mother of a newborn child, and a person who adopts a child, are entitled to parental leave without pay of not more than 52 consecutive weeks.

1990, c. 73, s. 34; 1997, c. 10, s. 2; 2002, c. 6, s. 236; 2002, c. 80, s. 39; 2005, c. 13, s. 85.


Duration of leave.

81.11. Parental leave may not begin before the week the child is born or, in the case of adoption, the week the child is entrusted to the employee within the framework of an adoption procedure or the week the employee leaves his work to go to a place outside Québec in order that the child be entrusted to him. It shall end not later than 70 weeks after the birth or, in the case of adoption, 70 weeks after the child was entrusted to the employee.

End of parental leave.

However, in the cases and subject to the conditions prescribed by regulation of the Government, parental leave may end at the latest 104 weeks after the birth or, in the case of adoption, 104 weeks after the child was entrusted to the employee.

1990, c. 73, s. 34; 1997, c. 10, s. 3; 2002, c. 80, s. 40.


Notice of leave.

81.12. Parental leave may be taken after giving notice of not less than three weeks to the employer, stating the date on which the leave will begin and the date on which the employee will return to work. However, the notice may be shorter if the employee must stay with the newborn child or newly adopted child, or with the mother, because of the state of health of the child or of the mother

1990, c. 73, s. 34; 2002, c. 80, s. 41.


Notice of return.

81.13. An employee may return to work before the date stated in the notice given pursuant to section 81.2.1, 81.6 or 81.12, provided he has given the employer written notice of not less than three weeks of the new date on which he will return to work.

Return to work.

If the employer consents thereto, the employee may return to work on a part-time basis or intermittently during the parental leave.

1990, c. 73, s. 34; 2002, c. 80, s. 42; 2008, c. 30, s. 4.


Failure to report to work.

81.14. An employee who does not report to work on the date stated in the notice given to the employer is presumed to have resigned.

1990, c. 73, s. 34; 2002, c. 80, s. 43.


Division of leave.

81.14.1. At the request of the employee, a maternity, paternity or parental leave may be divided into weeks if the child is hospitalized or if the employee may be absent under section 79.1 or any of sections 79.8 to 79.12, and in the cases, on the conditions, for the duration and within the time prescribed in the by-law.

2005, c. 13, s. 86; 2007, c. 36, s. 12.


Suspension of leave.

81.14.2. If the child is hospitalized during the maternity, paternity or parental leave, the leave may be suspended, following an agreement with the employer, to allow the employee to return to work during the hospitalization.

Extension of leave.

In addition, an employee who, before the expiry date of the leave, sends the employer a notice accompanied by a medical certificate attesting that the state of health of the child or, in the case of a maternity leave, that the state of health of the employee requires it, is entitled to an extension of the leave for the duration indicated in the medical certificate.

2005, c. 13, s. 86.


Group insurance and pension plans.

81.15. An employee's participation in the group insurance and pension plans recognized in the employee's place of employment shall not be affected by the absence from work, subject to regular payment of the contributions payable under those plans, the usual part of which is paid by the employer.

Advantages.

The Government shall determine, by regulation, the other advantages available to an employee during maternity, paternity or parental leave.

1990, c. 73, s. 34; 2002, c. 80, s. 44.


Reinstatement of employee.

81.15.1. At the end of a maternity, paternity or parental leave, the employer shall reinstate the employee in the employee's former position with the same benefits, including the wages to which the employee would have been entitled had the employee remained at work.

Abolished position.

If the position held by the employee no longer exists when the employee returns to work, the employer shall recognize all the rights and privileges to which the employee would have been entitled if the employee had been at work at the time the position ceased to exist.

2002, c. 80, s. 44.


81.16. (Repealed).

1990, c. 73, s. 34; 2002, c. 80, s. 45.


Provisions applicable.

81.17. Sections 79.5 and 79.6 apply to a maternity, paternity or parental leave, with the necessary modifications.

1990, c. 73, s. 34; 2002, c. 80, s. 46.


DIVISION V.1.1
ABSENCES OF RESERVISTS EMPLOYEES
2008, c. 30, s. 5.

Absence from work.

81.17.1. An employee who is also a reservist of the Canadian Forces may be absent from work, without pay, for one of the following reasons:

(1) if the employee is credited with 12 months of uninterrupted service, to take part in an operation of the Canadian Forces outside Canada, including preparation, training, rest and transportation from the reservist's place of residence and back, for a maximum period of 18 months;

(2) to take part in an operation of the Canadian Forces in Canada whose purpose is to

(a) provide assistance in the case of a major disaster within the meaning of the Civil Protection Act (chapter S-2.3);

(b) aid the civil power, on request of the Attorney General of Québec under the National Defence Act (R.S.C. 1985, c. N-5); or

(c) intervene in any other emergency situation designated by the Government;

(3) to take part in the annual training for the period prescribed by regulation or, if no such period is prescribed, for a period of not more than 15 days; or

(4) to take part in any other operation of the Canadian Forces, in the cases, on the conditions and for the period prescribed by regulation.

Emergency situation.

The designation of an emergency situation under subparagraph c of subparagraph 2 of the first paragraph comes into force on the date set by the Government, which date may be earlier than the date of the designation, and is published in the Gazette officielle du Québec.

2008, c. 30, s. 5.


Exceptions.

81.17.2. Section 81.17.1 does not apply if the absence of an employee could endanger the life, health or security of other employees or the population or cause the destruction or serious deterioration of certain property or in a case of superior force, or if the absence is inconsistent with the employee's professional code of ethics.

2008, c. 30, s. 5.


Written notice.

81.17.3. To take advantage of the right provided for in section 81.17.1, an employee must give to the employer advance written notice of not less than four weeks of the date on which the absence is to begin, the reason for it and its duration. However, the notice may be shorter for serious cause, in which case the employee must notify the employer as soon as possible.

Return to work.

The employee may return to work before the expected date after giving the employer written notice of not less than three weeks.

2008, c. 30, s. 5.


Documents.

81.17.4. On request, an employee must provide the employer with any document justifying the employee's absence.

2008, c. 30, s. 5.


Absence.

81.17.5. An employee who is absent for one of the reasons set out in section 81.17.1 for a period greater than 12 weeks may not be absent again for one of those reasons before the expiry of a period of 12 months from the date of the return to work.

2008, c. 30, s. 5.

Saskatchewan - Leave of Absence

PART IV
Maternity Leave For Female Employees

Conditions for applications, etc.
23(1) Every employee who:
(a) is currently employed and has been in the employment of her employer for a total of at least 20 weeks in the 52 weeks immediately preceding the day on which the requested leave is to commence.
(b) submits to her employer an application in writing for leave under this section at least four weeks before the day specified by her in the application as the day on which she intends to commence the leave; and
(c) provides her employer with a certificate of a qualified medical practitioner certifying that she is pregnant and specifying the estimated date of birth; shall be granted by her employer maternity leave from her employment with the employer in accordance with subsection (3).
17

LABOUR STANDARDS c.L-1

(2) Notwithstanding subsection (1), an employer shall grant to an employee maternity leave from her employment with the employer in accordance with subsection (3) if the employee meets the requirements of clause (1)(a) and provides her employer with a certificate of a duly qualified medical practitioner:
(a) certifying that the employee is pregnant, specifying the estimated date of birth and certifying that there are bona fide medical reasons that require the employee to cease work immediately; or
(b) certifying that the employee was pregnant and that her pregnancy terminated on a specified date, not more than 14 days prior to the date of the certificate, due to a miscarriage or a stillbirth.
(3) The maternity leave to which an employee is entitled pursuant to sub- sections (1) and (2) shall consist of a period not exceeding 18 weeks commencing at any time during the period of 12 weeks immediately preceding the estimated date of birth.
(4) Where:
(a) an employee has failed to comply with clause (1)(b) but is otherwise entitled to maternity leave pursuant to subsection (1); and
(b) the employee has not provided her employer with a certificate of a duly qualified medical practitioner certifying that there are bona fide medical reasons that require the employee to cease work immediately; the employee shall be granted by her employer maternity leave from her employment with the employer in accordance with subsection (5).
(5) The maternity leave to which an employee is entitled pursuant to sub- section (4) shall consist of a period not exceeding 14 weeks commencing at any time during the period of eight weeks immediately preceding the estimated date of birth.
(6) Notwithstanding subsections (3) and (5), where the actual date of birth is later than the estimated date of birth, the employee is entitled to not less than six weeks' leave after the actual date of birth.
(7) Where an employee to whom maternity leave has been granted in accordance with this section and her employer agree that the portion of the leave that follows the actual date of birth should be a period of less than six weeks, the employer may permit the employee to resume her employment at the expiration of a period agreed to by them.
1976-77, c.36, s.23; R.S.S. 1978, c.L-1, s.23;
1994, c.39, s.11.
18

LABOUR STANDARDS c.L-1

Further period of leave 24 Where an employee who has been granted maternity leave by her employer pursuant to section 23:
(a) is unable, for bona fide medical reasons, to return to her employment after the expiration of the maternity leave; and
(b) provides her employer with a certificate of a qualified medical practitioner stating that, for bona fide medical reasons, she is not able to return to her employment at that time; the employer shall grant to her any further period of leave, not exceeding six weeks, that is requested by her.
1976-77, c.36, s.24; R.S.S. 1978, c.L-1, s.24.


Employer may require commencement of maternity leave
25(1) Where the pregnancy of an employee would unreasonably interfere with the performance of the employee's duties, her employer may, if no opportunity exists to modify her duties or reassign her to another job with no loss of wages or benefits, require her to commence maternity leave not more than 13 weeks prior to the estimated date of birth.
(2) Where an employer requires an employee to commence maternity leave pursuant to subsection (1), the provisions of this Part apply mutatis mutandis to that maternity leave.
(3) In any prosecution alleging a violation of subsection (1) the onus shall be upon the employer to prove that the pregnancy of the employee would unreasonably interfere with her duties and that no opportunity exists to modify the employee's duties or to reassign the employee to another job.
1976-77, c.36, s.25; R.S.S. 1978, c.L-1, s.25;
1994, c.39, s.12.


Reinstatement after maternity leave
26(1) An employer who has granted maternity leave to an employee pursuant to this Part shall, at the expiration of the leave, reinstate the employee in the position occupied by the employee at the time the leave commenced, or in a comparable position, with no loss of accrued seniority or benefits or reduction in wages.
(2) For the purposes of seniority and rights of recall, being on maternity leave does not constitute a break in service, and seniority and rights of recall continue to accrue while an employee is taking maternity leave.
(3) Subject to subsection (4), an employee is entitled to continue participating in any benefit plan that is prescribed in the regulations for the purposes of this subsection while taking maternity leave if the employee pays contributions required by the plan.
(4) A benefit plan that does not permit the participation of employees in accordance with subsection (3) must be amended to permit that participation not later than three years after the day on which this section comes into force.
1994, c.39, s.13.
19

LABOUR STANDARDS c.L-1


Employer not to dismiss pregnant employee; magistrate may order employer to comply 27(1) No employer shall dismiss, lay off, suspend or otherwise discriminate against an employee by reason of the fact that she:
(a) is pregnant;
(b) is temporarily disabled because of pregnancy; or
(c) has applied for maternity leave in accordance with this Part.
(2) In any prosecution alleging a violation of subsection (1) the onus shall be upon the employer to prove that the employee was dismissed, laid off, suspended or otherwise discriminated against for good and sufficient cause.
(3) Where an employer is convicted of failure to comply with any provision of this Part, the convicting judge may, in addition to any other penalty imposed for the offence, order the employer to allow forthwith the employee such maternity leave as the employer ought to have granted to the employee or, if the conviction is for failing to reinstate an employee in her former employment after the employee has, pursuant to this Part, been granted leave, the convicting judge may order the employer to reinstate the employee in her employment under the same terms and conditions in which she was formerly employed and may further order the employer to pay to the employee her wages retroactive to such date as the convicting judge deems that the employee ought to have been reinstated in her former employment under the terms of this Part.
1976-77, c.36, s.27; R.S.S. 1978, c.L-1, s.27;
1994, c.39, s.14.


Notice to employer of intention to resume employment
28(1) An employee to whom maternity leave has been granted pursuant to this Part and who intends to resume her employment with her employer after the date of birth shall, at least four weeks prior to the day on which she intends to resume her employment, notify her employer of her intention to do so.
(2) No employer is required to allow an employee to whom maternity leave has been granted pursuant to this Part to resume her employment until after the employee has complied with subsection (1).
1976-77, c.36, s.28; R.S.S. 1978, c.L-1, s.28;
2001, c.6, s.3.


29 Repealed. 1994 c39 s15.

PART IV.1
Other Leave

Parental leave
29.1(1) An employer shall grant parental leave in accordance with subsection (2) to every employee who:
(a) is currently employed and has been in the employment of the employer for a total of at least 20 weeks during the 52 weeks immediately preceding the day on which the requested leave is to commence;
20

c.L-1
LABOUR STANDARDS


(a.1) is a parent of a newborn child or a newly adopted child; and
(b) submits to the employer a written application for parental leave:
(i) at least four weeks before the day specified by the employee in the application as the day on which the employee intends to commence parental leave; or
(ii) in the case of an employee who is taking maternity leave pursuant to Part IV, at least four weeks before the day on which the employee was scheduled to return from maternity leave, which is deemed to be the day on which the employee intends to commence parental leave.
(2) Subject to subsection (5), parental leave consists of the period described in subsection (2.1) to be taken during the 12 weeks before the estimated date of birth or the estimated date on which the child is to come into the employee's care, as the case may be, or the 52 weeks following the actual date of birth or the actual date on which the child comes into the employee's care.
(2.1) The period of parental leave to which an employee is entitled is:
(a) not more than 34 consecutive weeks in the case of an employee who is entitled to maternity leave pursuant to Part IV or adoption leave pursuant to section 29.2; and
(b) not more than 37 consecutive weeks in the case of an employee who is not entitled to maternity leave pursuant to Part IV or adoption leave pursuant to section 29.2.
(3) An employer shall, on application, grant to an employee who fails to comply with clause (1)(b) parental leave commencing on a day within three weeks after the date of birth of the child or the day on which the child comes into the employee's care, as the case may be, for the period described in clause (2.1)(a) or (b).
(4) Section 26, subsection 27(3) and section 28 apply, with any necessary modification, to parental leave pursuant to this section.
(5) An employee who wishes to take leave pursuant to Part IV and also take leave pursuant to this section shall take the two leaves consecutively.
1994, c.39, s.16; 2001, c.6, s.4.


Adoption leave
29.2(1) An employer shall grant adoption leave in accordance with subsection (2) to an employee who:
(a) is currently employed and has been in the employment of the employer for a total of at least 20 weeks in the 52 weeks immediately preceding the day on which the requested leave is to commence;
(b) submits to the employer a written application for leave at least four weeks prior to the day on which the child comes into the employee's care; and
(c) is to be the primary caregiver of the adopted child during the period of the leave.
(2) Adoption leave consists of a period of not more than 18 weeks commencing on the day the child becomes available for adoption.
21

LABOUR STANDARDS c.L-1


(3) Where an employee is unable to comply with clause (1)(b), the employee shall give notice to the employer equivalent to the notice given to the adoptive parents by the Department of Community Resources and Employment, the adoption agency or the birth parent, as the case may be.
(4) Section 26, subsection 27(3) and section 28 apply, mutatis mutandis, to adoption leave under this section.
1979-80, c.84, s.8; 1994, c.39, s.17; 2004, c.65,
s.13.


Bereavement leave
29.3(1) In this section:
(a) "immediate family" means a spouse, parent, grandparent, child, brother or sister of an employee or of a spouse;
(b) "spouse" means:
(i) the wife or husband of an employee; or
(ii) a person with whom an employee cohabits and has cohabited as spouses:
(A) continuously for a period of not less than two years; or
(B) in a relationship of some permanence, if they are the parents of a child.
(2) An employer shall grant a leave of up to five working days without pay and without dismissal or discipline to every employee who, after three months of continuous employment with the employer, experiences the death of a member of his immediate family.
(3) Any leave granted pursuant to subsection (2) must be taken within the period commencing one week before and ending one week after the funeral relating to the death in respect of which the leave is granted.
(4) Section 26 and subsection 27(3) apply, mutatis mutandis, to bereavement leave under this section.
1979-80, c.84, s.8; 1994, c.39, s.18.

Dismissal, etc., for illness or injury prohibited
44.2(1) Except for just cause unrelated to injury or illness, no employer shall dismiss, suspend, lay off, demote or discipline an employee because of absence due to the illness or injury of the employee or illness or injury of a member of the employee"s immediate family as defined in section 29.3 who is dependent on the employee if:
(a) the employee has been in the employer"s service for at least 13 consecutive weeks prior to the absence;
(b) either:
(i) subject to subsection (1.2), in the case of serious illness or injury, the absence does not exceed 12 weeks in a period of 52 weeks; or
(ii) in the case of illness or injury that is not serious, the absences do not exceed a total of 12 days in a calendar year, except where it can be demonstrated that the employee has a record of chronic absenteeism and there is no reasonable expectation of improved attendance; and
(c) the employee, if requested in writing by the employer, provides the employer with a certificate of a duly qualified medical practitioner certifying that the employee was incapable of working due to illness or injury or certifying the illness or injury of the member of the employee"s immediate family, as the case may be.
(1.1) Notwithstanding subsection (1) and subject to subsection (1.2), except for just cause, no employer shall dismiss, suspend, lay off, demote or discipline an employee because of absence if for the period of absence the employee is receiving benefits or is in the waiting period for benefits pursuant to section 23.1 of the Employment Insurance Act (Canada).


LABOUR STANDARDS
28 c.L-1
(1.2) If subsections (1) and (1.1) both apply, the combined periods of absence must not exceed 16 weeks in a period of 52 weeks.
(2) The period of absence permitted by clause (1)(b) shall be extended to 26 weeks where the employee is receiving compensation pursuant to The Workers" Compensation Act, 1979.
(3) Nothing in this section limits or abrogates an employee"s rights at common law or pursuant to The Saskatchewan Human Rights Code.
1994, c.39, s.28; 2004, c.40, s.7.