Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of Canada. This article explains Canada’s leave laws, including Bereavement Leave Long-Term Illness and Injury Leave Compassionate Care Leave Personal and Family Responsibility Leave Reservist Leave Parental leave Annual Leave Citizenship Ceremony Leave Sick Leave Maternity Leave Whether you are an employer making leave policies or an employee learning about your rights.
LeaveType | Quota | Accrual Rules | Carry Over Rules | Payout on Termination | End of Year Payout |
---|---|---|---|---|---|
Bereavement Leave | Up to 5 days per event | Not applicable | Not applicable | Not applicable for unpaid leave. | Not applicable. |
Long-Term Illness and Injury Leave | Up to 16 weeks per year. | Does not accrue. | No carry over. | No payout required. | No end of year payout. |
Compassionate Care Leave | Up to 17 weeks to care for a gravely ill family member. | Not applicable. | Not applicable. | Not applicable for unpaid leave. | Not applicable for unpaid leave. |
Personal and Family Responsibility Leave | Up to 5 days per year. | Does not accrue. | No carry over. | No payout required. | No end of year payout. |
Reservist Leave | Varies based on military duty. | No accrual; based on service needs. | Not applicable. | No payout. | No payout. |
Parental leave | Up to 17 weeks for maternity leave and 63 weeks for parental leave. | Not applicable; statutory right post-employment period. | Leave must be taken in one continuous period. | Not applicable for unpaid leave. | Not applicable for unpaid leave. |
Annual Leave | Standard annual leave entitlement. | Accrues monthly after completion of each month of service. | Carry over of vacation leave is generally not permitted. | Paid out | No, unless terminated |
Citizenship Ceremony Leave | Up to 1 day | Not applicable | Not applicable | Not applicable | Not applicable |
Sick Leave | 5 days of unpaid job-protected leave per calendar year. | Accrues monthly | Sick leave cannot be carried over. | No payout for unused sick leave. | No end-of-year payout. |
Maternity Leave | Up to 17 weeks. | Not applicable | Not applicable. | Not applicable. | Not applicable |
Employees are entitled to up to 5 days of bereavement leave for the death of an immediate family member. This leave can be extended under certain circumstances.
Employees should inform their employer of the need for bereavement leave as soon as reasonably possible.
Bereavement leave does not require formal approval, but employees are expected to notify their employer about their absence.
There are no legal provisions for additional bereavement leave days beyond the 2 days allowed for immediate family members.
Bereavement leave does not accrue as it is granted per event.
Bereavement leave must be taken around the time of the bereavement and cannot be carried over.
There is no payout for bereavement leave upon termination as this leave is unpaid.
There is no end of year payout for bereavement leave as it does not accrue.
Immediate family typically includes spouse, parent, child, or sibling; however, some employers may have broader definitions.
Employees are entitled to up to 16 weeks of unpaid leave per year to deal with a long-term illness or injury.
Employees should inform their employer as soon as possible, providing a medical certificate if requested.
While formal approval may not be necessary, employers can require a medical certificate to substantiate the need for leave.
Additional leave beyond 16 weeks may be granted based on medical advice and employer policies.
This leave is available up to the maximum yearly quota and does not accrue beyond the specified period.
Unused portions of long-term illness and injury leave cannot be carried over to the next year.
There is no payout for unused long-term illness and injury leave upon termination.
There is no provision for end of year payout for unused portions of this leave.
To be eligible for this leave, employees must have been employed for at least 90 days with the same employer.
Employees are entitled to up to 17 weeks of unpaid leave to care for a gravely ill family member at risk of dying within 26 weeks.
Employees should provide as much notice as possible, although the nature of the circumstances may sometimes limit this ability.
Compassionate care leave does not require employer approval but does require notifying the employer and providing necessary medical documentation to support the leave request.
The maximum duration of compassionate care leave is fixed at 28 weeks and cannot be extended beyond this period within the designated 26-week span.
Compassionate care leave does not accrue over time but is available as needed under the stipulated conditions.
There is no carry over for unused portions of compassionate care leave as it is event-specific and bound by strict time limits.
Since compassionate care leave is unpaid, there is no payout for this type of leave upon termination.
There is no end-of-year payout for compassionate care leave as it is unpaid.
Employees are guaranteed the right to return to their job or a comparable position after the end of their compassionate care leave.
Employees are entitled to up to 5 days of leave per year for personal sickness or to care for an immediate family member.
Employees should notify their employer as soon as possible, ideally before the leave begins.
This leave does not typically require prior approval from the employer, but notification is necessary.
The law does not provide for additional days beyond the 5 days of personal and family responsibility leave.
This type of leave does not accrue; it is available in full at the start of each year after the employee meets eligibility requirements.
Unused personal and family responsibility leave cannot be carried over into the next year.
There is no payout for unused personal and family responsibility leave upon termination of employment.
There is no end of year payout for unused personal and family responsibility leave.
This leave can be used for personal illness, medical appointments, or to provide care or support to an immediate family member.
The duration of the leave depends on the length of the deployment or required military service.
Employees must provide notice as early as possible, usually as soon as they are aware of their deployment dates.
While formal approval is not necessary, notification and discussion of the leave period are required.
Additional leave may be granted based on the requirements of the military service and in accordance with federal or provincial laws.
Reservist leave does not accrue and is granted based on the needs of military service.
Carry over rules do not apply as the leave is granted per deployment or service requirements.
There is no payout for unused reservist leave upon termination.
Unused reservist leave is not paid out at the end of the year.
Employees on reservist leave are protected under employment law, ensuring they can return to their job or an equivalent position upon completion of their service.
Eligible employees can take up to 17 weeks of maternity leave and up to 63 weeks of parental leave, which can be shared between partners.
Employees must provide their employer with at least four weeks' written notice before the beginning date of maternity and parental leave unless there is a valid reason why that notice cannot be given.
Parental leave is a right provided by law and does not require employer approval, though notice is required.
The quota for maternity and parental leave is fixed as per the Yukon Employment Standards Act, and any extension beyond these periods would be at the employer's discretion and contingent on specific circumstances or agreements.
Maternity and parental leave rights do not accrue over time but are available as a statutory right after specific employment durations are met (e.g., continuous employment for a certain period before the expected birth date).
Maternity and parental leave must be taken in one continuous period and cannot be broken up over the year without specific agreements or exceptional circumstances.
Since maternity and parental leave are unpaid, there is no payout of these leaves upon termination of employment.
As these types of leave are unpaid, there is no end-of-year payout.
Parental leave can be combined with maternity leave for a total leave period, allowing parents to extend their time away from work to care for their child.
Employees are entitled to a minimum of two weeks of vacation after one year of service, increasing to three weeks after five years of service.
Employees should provide reasonable notice to their employer before taking their annual leave, though specific timing can vary depending on workplace policies.
The scheduling of annual leave is subject to the approval of the employer, who may deny or reschedule based on operational requirements.
Additional annual leave beyond the statutory quota is not commonly granted but may be negotiated individually or through employment contracts or collective agreements.
Vacation leave accrues on a monthly basis once the employee has completed a month of service, calculated at the end of each completed year.
Employees are encouraged to take their allotted vacation each year. Carry over of unused vacation is not typically allowed unless specifically agreed upon by the employer.
Upon termination of employment, any unused annual leave will be paid out to the employee at their current rate of pay.
Unused annual leave is not usually paid out at the end of the year unless the employment is terminated.
Specific rules regarding vacation leave can vary significantly between different employers, and may be more generous than the legal minimums.
Eligible employees are entitled to up to 1 day of unpaid leave to attend a citizenship ceremony to receive a certificate of citizenship.
Employees must provide at least two weeks' notice before the date of the citizenship ceremony.
While this leave does not require approval, employees must comply with the notice period requirement.
The quota for citizenship ceremony leave is fixed at one day and additional leave for this purpose is not applicable.
Citizenship ceremony leave does not accrue and is granted as a one-time leave for the specific event of a citizenship ceremony.
There is no carry over for citizenship ceremony leave as it is event-specific.
There is no payout for unused citizenship ceremony leave upon termination, as it is intended for a specific event.
There is no end-of-year payout for citizenship ceremony leave as it does not accrue.
This leave is specifically granted to allow employees to attend their citizenship ceremony and cannot be used for any other purpose.
Employees in Alberta are entitled to 5 days of unpaid, job-protected sick leave per year. This leave allows employees to take time off for illness, injury, or quarantine without risking job security.
Employees must provide notice to their employer as soon as reasonably possible when taking sick leave. If prior notice is not possible due to the nature of the illness, employees should inform their employer as soon as they are able.
Employers cannot deny an employee their sick leave entitlement. However, they may request reasonable documentation to verify the need for the leave.
Additional sick leave beyond the statutory 12 days is not typically available unless specified by the employer or under certain employment agreements.
Sick leave rights accrue monthly throughout the year but are reset at the end of each year.
Unused sick leave days do not carry over to the next year. The entitlement resets each calendar year.
Employees are not entitled to compensation for any unused sick leave upon termination of employment, as it is unpaid leave.
Since sick leave is unpaid and does not accrue, there is no requirement for employers to provide an end-of-year payout for unused sick leave.
Employers have the right to request reasonable medical documentation, such as a doctor's note, to verify the necessity of the sick leave. However, the employer must not ask for information beyond what is necessary to confirm the leave requirement.
Pregnant employees are entitled to up to 17 weeks of unpaid maternity leave. This leave can start up to 12 weeks before the expected birth date and continue until 17 weeks after the birth date.
Employees must provide their employer with at least 4 weeks' notice before the date they intend to start maternity leave.
Maternity leave is a right under Canadian law, so approval is not required, but employees must provide notice and usually some form of medical documentation related to the pregnancy.
The quota for maternity leave is fixed by law and not subject to extension beyond the statutory period unless specified by additional medical needs or complications.
Maternity leave entitlement does not accrue over time but is available per pregnancy.
Maternity leave cannot be carried over as it is tied specifically to the period surrounding the birth of a child.
There is no payout for unused maternity leave as it cannot be deferred or transferred.
Since maternity leave is unpaid, there is no end of year payout.
Maternity leave can often be combined with parental leave, offering a longer period away from work to care for the new child. The specifics can vary between different provinces and territories.
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