This sheet tells about the leaves of absence that the Labour Standards Code says employers must allow employees to take.
A leave of absence occurs when an employee leaves the job intending to return. Leaves of absence are pregnancy leave, parental leave, court leave, bereavement leave, sick leave, emergency leave, compassionate care leave and citizenship ceremony leave.
Compassionate care leave is an unpaid, 28 week leave for employees who need to care for a seriously ill family member who has a high risk of dying within 26 weeks.
To take compassionate care leave, employees must be employed for at least three months with the same employer. Also, they must give their employer as much notice as possible before taking the leave. An employer can ask an employee to provide a medical certificate, from a medical doctor, stating that the employee's family member is seriously ill. The employee can take up to 28 weeks' leave, which must be taken over a 52 week time frame. The leave can be broken up into several periods of at least one week in duration during the 52 week time frame. The 52 week time frame begins on the first day of the week in which the leave began.
Employees who take a compassionate care leave may qualify for a 26 week compassionate care leave benefit under the federal government's Employment Insurance program.
During compassionate care leave, an employer must let the employee keep up any benefit plans to which the employee belongs at the employee's own expense. If this option to keep up the benefits has an expiry date, the employer must give 10 days' written notice before the option to keep up the benefits is not longer in effect. An employee who returns from compassionate care leave must be accepted back into the same position or a comparable one with no loss of seniority or benefits.
Employees are entitled to receive up to three days unpaid sick leave each year. This leave may be used to care for an ill parent, child, or family member. It can also be used for medical, dental, or other similar appointments.
An employee who is denied a leave may make a complaint with the Labour Standards Division.