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Health & WellnessFor EmployeesLeave of Absence in Canada: Your Guide to Time Off

Leave of Absence in Canada: Your Guide to Time Off

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Missing work can be necessary when an unexpected personal or family issue arises. However, navigating Canada’s complex legal landscape surrounding leaves of absence poses challenges for both employees and employers.

This extensive guide examines the key details around the leave of absence available in Canada. We’ll explore key definitions, eligibility factors, required documents, duration limits, pay entitlements, benefits maintenance, and processes for arranging time off.

Whether you need to care for a loved one, attend to your own health, grieve a loss, or manage an emergency, understanding your leave options is crucial. Read on for an overview of leave of absence in Canada and best practices for requesting and managing time off.

What is a Leave of Absence in Canada?

A leave of absence refers to an extended, job-protected period of time away from work approved by an employer. Employees can request paid or unpaid leave depending on the circumstances, legal regulations, organizational policies, and collective bargaining terms.

The core differences between paid and unpaid leaves include:

  • Paid Leave: The employee continues receiving full or partial wages, as required by law in some cases.
  • Unpaid Leave: The employee does not get paid but their employer guarantees the job remains available.

Some leave types, like bereavement leave and personal leave, contain both paid and unpaid segments based on the situation. We’ll explore pay entitlements more in the sections below.

What are The Different Types of Leave of Absence in Canada?

What are The Different Types of Leave of Absence in Canada?
What are The Different Types of Leave of Absence in Canada?

Canada has a strong system of job-protected leave covering diverse needs. Let’s look at some of the most common types of leaves in Canada:

Maternity and Parental Leaves in Canada

Under the Canada Labour Code, new mothers can take 17 weeks of unpaid maternity leave surrounding childbirth. Parents can also access up to 63 additional weeks of unpaid parental leave to care for a newborn or newly adopted child.

  • Maternity Leave: Available to pregnant employees for up to 17 weeks surrounding the birth. 13 weeks can be taken before the due date and 17 weeks after delivery. Requires a medical certificate.
  • Parental Leave: Provides up to 63 weeks off work for new parents to care for a child. It can be shared between two parents. Applies to birth and adoption.
  • Documentation: Medical certificate for maternity leave confirming pregnancy due date. Written notice to the employer at least 4 weeks before each leave.
  • Benefits Maintained: Pension and health insurance continue if the employee pays contributions. Vacation accrues.

Compassionate Care Leave in Canada

Employees can take up to 28 weeks off within a 52-week period to care for a gravely ill family member at risk of dying. Two or more employees can share the leave to care for the same loved one.

  • Eligibility: Available when a medical doctor certifies a family member is seriously ill with a significant risk of death.
  • Duration: Up to 28 weeks within a 52-week period, shared between multiple family members if necessary.
  • Documentation: Medical certificate confirming terminal illness required. Written notice to the employer as soon as possible.
  • Benefits: Pension and benefits continue if the employee pays contributions. Seniority accrues.

This leave provides up to 37 weeks off to care for a critically ill minor child or 17 weeks for a gravely ill adult family member. It can be shared between employees caring for the same individual.

  • Eligibility: This applies when a doctor certifies a minor or adult family member has a critical illness.
  • Duration: Up to 37 weeks per ill child, 17 weeks per ill adult, within a 52-week period.
  • Documentation: Medical certificate confirming critical illness required. Written notice to the employer as soon as possible advising of estimated leave duration.
  • Benefits: Pension and health benefits continue if the employee pays contributions. Seniority accrues.

Personal Leave in Canada

Employees can access up to 5 days of personal leave yearly for health obligations, child education, urgent matters, citizenship ceremonies, or other prescribed reasons.

  • Paid Time: First 3 days are paid after 3 consecutive months of employment.
  • Documentation: Employer can request supporting documents up to 15 days after return to work.
  • Notice: Written notice to the employer as soon as possible regarding the intended leave dates.

Leave for Victims of Family Violence in Canada

Employees experiencing family violence can take up to 10 days off annually, the first 5 paid, to obtain professional services, counselling, relocation services, legal assistance, healthcare, or other prescribed activities.

  • Paid Time: First 5 days are paid after 3 consecutive months of employment.
  • Documentation: Employer can request supporting documents within 15 days of return to work.
  • Notice: Written notice to the employer as soon as possible about intended leave dates.

Bereavement Leave in Canada

When a family member passes away, employees can take up to 10 days off, 3 paid, to attend the funeral, burial, or memorial service.

  • Paid Time: First 3 days are paid after 3 consecutive months of employment.
  • Duration: Can be taken in one period or split between two periods within 6 weeks of the death.
  • Documentation: Written notice to the employer as soon as possible, including expected leave duration.

Medical Leave in Canada

As of December 2022, employees can access up to 10 paid medical leave days annually for personal illness, organ donation, medical appointments, or quarantine.

  • Paid Entitlement: 10 paid days per year, accessible after an initial 30-day employment period.
  • Documentation: Employer may request medical notes or other supporting documents.
  • Notice: Written notice to the employer as soon as possible indicating medical leave duration.

Leave for Court or Jury Duty in Canada

Employees called for jury duty, to appear as court witnesses, or participate in jury selection can take unpaid leave for the required duration.

  • Documentation: Employers may request court orders, summons, or related documents.
  • Duration: For the full period required for the proceedings.
  • Benefits: Seniority continues accumulating.

Leave for Traditional Aboriginal Practices in Canada

Employees who identify as Aboriginal can take up to 5 days of unpaid leave yearly to participate in traditional practices like harvesting, hunting, fishing, or ceremonial activities.

  • Eligibility: Available to employees who identify as First Nations, Inuit, or Métis after 3 consecutive months of employment.
  • Documentation: Employer may request proof of Aboriginal identity.
  • Notice: Written notice to the employer regarding intended leave dates.

Leave for Reserve Force Service in Canada

Reservists can take up to 24 months of unpaid leave over a 60-month period to participate in Canadian Armed Forces operations, training programs, exercises, and related activities.

  • Eligibility: Available to reservists employed for at least 3 consecutive months.
  • Duration: Up to 24 months within a 60-month window, excluding national emergencies.
  • Benefits: Employee benefits and pension do not accrue during this leave.

Annual Vacations and Public Holidays in Canada

Per the Canada Labour Code, employees receive a minimum of 2 weeks of paid vacation leave annually after one year of employment, increasing up to 3 weeks at 5+ years of service and 4 weeks at 10+ years of service. Employees also receive common general statutory holidays as paid time off.

Calculating Annual Vacation Pay

An employee’s vacation pay is calculated as a percentage of the gross wages earned during the “year of employment” as follows:

  • For 2 weeks of vacation, pay is 4% of gross wages
  • For 3 weeks of vacation, pay is 6% of gross wages
  • For 4 weeks of vacation, pay is 8% of gross wages

What are Your Rights During and After a Leave?

What are Your Rights During and After a Leave?
What are Your Rights During and After a Leave?

Taking a leave of absence can raise questions about how your job, seniority, compensation, and benefits may be impacted. Fortunately, Canadian labour laws offer important protections for employees on leave. Here’s an overview of your key rights throughout and after protected time off work:

  • Participation in pension and benefits plans continues based on employee contributions.
  • Seniority continues accumulating during the leave.
  • Legally, employers cannot penalize or fire employees for requesting or taking protected leaves of absence.
  • Employees have the right to return to their previous role or an equivalent position with equal compensation and benefits.

How To Manage Leaves of Absence in Canada?

Follow this best practice process when requesting or taking a leave:

1. Identify the Appropriate Leave Type

Consult the list of leave types and eligibility factors to confirm which leave suits your needs. Verify if paid or unpaid.

2. Notify Your Employer

Provide written notice of the leave category, proposed start date, and estimated duration as far in advance as feasible.

3. Submit Required Documents

Acquire and provide any needed medical certificates or other documentation like court orders.

4. Coordinate with Colleagues

Discuss handoff of duties and projects with coworkers to maintain work continuity during the absence.

5. Update Employer if Changes Occur

Promptly notify your employer in writing if the leave needs to be extended or if you can return sooner than expected.

6. Track Pay and Benefits

Maintain records of any benefits payments made during leave and follow up on reinstatement of compensation, vacation, benefits, or pension upon returning.

International Paid Leave Comparisons

Canada’s paid vacation entitlement noticeably lags many other countries globally. Here’s a look at how Canada compares on paid leave:

  • Countries with the most paid leave:
    • Austria: 38 days
    • France: 36 days
    • Spain, Finland, Sweden, UK: 35-36 days
  • Countries with the least paid leave:
    • USA: 0 guaranteed paid leave
    • Canada: 19 days
    • Mexico: 13 days
    • Japan: 30 days

Source: https://on.bluecross.ca/travel-insurance/travel-tips/vacation-days-comparison-countries

For more details on job-protected leaves in your region, see the following:

Summary

Navigating leave protections and upholding your rights during time off can prove challenging. This guide offered an extensive look at key leave of absence available in Canada, from eligibility rules to pay entitlements and reinstatement safeguards.

Following proper protocols for requesting leaves, providing documentation, and keeping your employer updated on changes is vital for smooth leave management. While unpaid leaves present financial hurdles, maintaining job security and benefits provides critical support.

Canada still trails many developed nations in minimum paid vacation and leave allotments. However, notable progress has been made by introducing paid personal emergency leave and paid medical leave. There may be room to further expand paid protections to assist employees in balancing work and caregiving demands.

FAQs on Leave of Absence in Canada

Q: What are the main types of leave in Canada?

A: The main statutory leaves in Canada include maternity leave, parental leave, compassionate care leave, personal leave, medical leave, bereavement leave, leave for victims of family violence, and leave for jury duty or court appearances.

Q: How much maternity leave can you take in Canada?

A: In Canada, new mothers are entitled to take up to 17 weeks of unpaid maternity leave surrounding the birth of a child. This can be taken at any point within the 13 weeks before the due date to 15 weeks after delivery.

Q: How do you apply for maternity leave in Canada?

A: To apply for maternity leave, provide your employer with a doctor's note indicating your due date at least 4 weeks before you plan to start your leave. You must also provide written notice of when you intend to begin and end the leave.

Q: Can fathers take paternity leave in Canada?

A: There is no designated paternity leave for fathers in Canada. However, fathers can access up to 63 weeks of parental leave to care for a newborn or newly adopted child. Parental leave is available equally to mothers and fathers.

Q: How long can you take off work to care for a sick relative?

A: Under compassionate care leave, you can take up to 28 weeks off within a 52-week period to care for a gravely ill family member at risk of dying within 26 weeks. More than one family member can share the leave for the same ill relative.

Q: Can I take a leave of absence for mental health reasons?

A: Yes, the personal leave provisions in Canada allow up to 5 days annually for personal illness or health obligations, which can include mental health care. Medical leave also provides up to 10 days per year for illness, injury, or medical appointments.

Q: Does vacation accrue during a leave of absence?

A: Yes, vacation time continues to accrue as normal during any protected statutory leave like maternity, parental, or compassionate care leave.

Q: Can my employer fire me for taking leave?

A: It is illegal for an employer to penalize or terminate employees for requesting or taking protected leaves in Canada. You have the right to reinstatement in your job after leave.

Q: Do I get paid when on leave?

A: Some leaves like maternity, parental, and compassionate care are unpaid. Others have paid components, such as the first 3 days of bereavement leave or first 5 days of leave for victims of violence. Medical leave is paid.

Q: Who pays EI during maternity leave?

A: The federal government pays maternity and parental leave benefits through the Employment Insurance (EI) program, not the employer. To receive EI, you must have worked the minimum insurable hours in the qualifying period.

Sources:
  1. Types of leaves you can receive – www.canada.ca
  2. Annual vacations and general holidays for employees – www.canada.ca
  3. Paid and Unpaid Leave of Absence – www.indeed.com
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