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 Vacation Leave Bereavement Leave Family and Medical Leave (FMLA) Maternity Leave Paternity leave Jury Duty Leave Paid Sick Leave Military 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 |
---|---|---|---|---|---|
Vacation Leave | Employees are entitled to a set amount of vacation leave each year. | Vacation leave typically accrues over time. | Unused vacation leave can be carried over to the next year. | Unused vacation leave is paid out upon termination. | Unused vacation leave may be paid out at the end of the year. |
Bereavement Leave | Up to 5 days | Bereavement leave is not accrued. | Bereavement leave cannot be carried over. | Bereavement leave is not paid out on termination. | Bereavement leave is not paid out at the end of the year. |
Family and Medical Leave (FMLA) | Employees are entitled to take leave for family-related emergencies. | Family responsibility leave is not accrued. | Family responsibility leave cannot be carried over. | Family responsibility leave is not paid out upon termination. | Family responsibility leave is not paid out at the end of the year. |
Maternity Leave | Employees are entitled to a set amount of maternity leave. | Maternity leave is typically paid under certain conditions. | Maternity leave does not carry over. | Maternity leave is unpaid, so no payout is due upon termination. | Unused maternity leave is not paid out at the end of the year. |
Paternity leave | Employees are entitled to paternity leave. | Paternity leave is not accrued. | Not applicable | Paternity leave is generally unpaid, so no payout occurs upon termination. | Paternity leave is not paid out at the end of the year. |
Jury Duty Leave | Employees are entitled to leave for jury duty. | Jury duty leave is not accrued. | Jury duty leave cannot be carried over. | Jury duty leave is generally unpaid, so no payout is given upon termination. | Jury duty leave is not paid out at the end of the year. |
Paid Sick Leave | Employees are entitled to a set amount of paid sick leave. | Sick leave accrues over time based on the employee's length of service. | Unused sick leave may be carried over to the following year. | Sick leave is not paid out upon termination. | Unused sick leave is not paid out at the end of the year. |
Military Leave | Employees are entitled to military leave. | Military leave is not accrued. | Military leave cannot be carried over. | Military leave is unpaid, so no payout is provided on termination. | Military leave is not paid out at the end of the year. |
In the Northwest Territories, employees are entitled to a minimum of two weeks of vacation leave per year after one year of employment, increasing with tenure.
Employers typically request that employees give at least 2 weeks' notice for vacation requests, though this can vary depending on the employer's policies.
All vacation leave requests need employer approval. Employers may deny vacation requests if they conflict with business needs or operational requirements.
Employers may offer more vacation days than the legal minimum, especially for long-term employees or as a negotiated benefit. These additional days are at the employer's discretion.
Employees accrue vacation leave on a pro-rata basis, with the leave accumulating over the year based on the employee's length of service and hours worked.
Unused vacation leave is typically carried over to the next year, although some employers may place a cap on how much unused leave can be carried forward.
If an employee leaves the company, any unused vacation leave is generally paid out in the final paycheck. This includes vacation accrued during the year of termination.
Some employers may offer a payout of unused vacation leave at the end of the year, though this is often subject to company policy and the employee's accumulated leave balance.
Some employers allow employees to take vacation leave before it is fully accrued, though this may require approval or impact future leave balances.
Employees are entitled to up to 5 days of bereavement leave upon the death of an immediate family member.
Employees should notify their employer as soon as they are aware of the death. Bereavement leave is usually taken immediately after the event.
Bereavement leave typically requires employer approval, though it is generally granted without delay for immediate family members. Employers may request documentation, such as an obituary or funeral notice.
Employers may offer additional leave beyond the statutory minimum in cases of prolonged mourning or specific employee needs.
Bereavement leave is not typically accrued and is instead granted on an as-needed basis when a death occurs.
As bereavement leave is usually taken as a one-time occurrence, it is not carried over to the next year or for future use.
Since bereavement leave is granted for a specific need, it is generally not paid out upon termination of employment.
Unused bereavement leave is not paid out at the end of the year or upon employee termination, as it is not an accruable leave.
In cases where the employee needs additional time for mourning, employers may provide extended leave, either paid or unpaid, based on company policies or employee agreements.
Employees are entitled to up to 5 days of family responsibility leave per year to care for sick children or other immediate family emergencies.
Employees should inform their employer as soon as they are aware that they need to take family responsibility leave, ideally as soon as the emergency arises.
While family responsibility leave is a legal right, employees still need to inform their employers ahead of time. Some employers may ask for documentation to support the leave.
Some employers may grant additional leave in situations that exceed the statutory minimum, especially in cases involving serious illness or family emergencies.
Family responsibility leave is typically not accrued and is granted as needed based on emergency situations or urgent family matters.
Family responsibility leave does not carry over to the next year as it is designed to be used within the year it is granted.
Unused family responsibility leave is not paid out upon termination of employment as it is granted on an as-needed basis.
Since family responsibility leave is not accrued, it is not subject to any payout at the end of the year or upon termination.
In situations where an employee needs to care for a critically ill family member, employers may offer additional leave options or accommodations, often subject to the nature of the illness or family requirement.
Employees are entitled to up to 17 weeks of maternity leave, which can start up to 12 weeks before the expected delivery date.
Employees are required to inform their employers at least 2 weeks before the start of maternity leave, providing the expected start and end dates.
While maternity leave is a statutory right, the employee must inform the employer ahead of time to ensure that the leave is properly scheduled and arrangements are made.
Some employers may provide additional paid maternity leave as part of company benefits, which extends beyond the statutory minimum of 17 weeks.
Maternity leave is generally unpaid by default unless the employee qualifies for benefits such as Employment Insurance (EI) or a similar program.
Maternity leave is taken within the year of the pregnancy and does not carry over if unused.
Since maternity leave is unpaid by default, there is no payout for unused maternity leave upon termination.
Unused maternity leave cannot be paid out at the end of the year because it is typically unpaid or paid through government benefits.
Maternity leave can be combined with parental leave, allowing for an extended absence to care for the newborn.
Employees are generally entitled to up to 5 days of paternity leave, typically around the time of the child's birth.
Employees should provide at least 2 weeks' notice to their employers, though this can vary depending on the employer's policies.
Paternity leave is a statutory right and does not require employer approval, but employees must comply with the notice requirements.
Some employers may offer more than the statutory minimum, especially if the employee has accumulated seniority or benefits as part of the company's policies.
Paternity leave is not typically accrued and is granted based on the birth event, usually paid through benefits or company policy.
Carry over rules do not apply to paternity leave as it is intended to be used within a year of the child's birth or adoption.
Paternity leave is usually unpaid unless benefits are applicable, and therefore, there is no payout for unused leave at termination.
Since paternity leave is often unpaid or paid by government benefits, it is not paid out at the end of the year.
Employees on paternity leave may be eligible for government benefits such as Employment Insurance (EI), provided they meet the program's eligibility requirements.
Employees are entitled to time off to serve on a jury, with the leave duration depending on the length of jury duty.
Employees should inform their employer as soon as they are called for jury duty, providing proof of the summons and the expected duration of service.
Jury duty leave is granted as a legal right but requires prior notification to the employer. The employee may need to provide proof of jury duty service.
Jury duty leave is granted based on the official summons. Employers may not be required to grant additional leave beyond the statutory duration.
Jury duty leave is not accrued and is granted as needed based on the duration of jury service.
Jury duty leave is used immediately upon serving on a jury and does not carry over to the next year.
Jury duty leave is usually unpaid, and as such, no payout is given upon termination for unused jury duty leave.
Unused jury duty leave is not paid out at the end of the year since it is granted only when needed.
Some employers may provide paid leave for jury duty, either in full or in part, though this is not a statutory requirement.
Employees are typically entitled to 10 days of paid sick leave per year. This amount may vary depending on the employer's policies or collective agreements.
The employee must inform their employer as soon as they are aware they are unable to work due to illness. This can be done verbally or in writing, but employers may require a doctor's note for absences exceeding a certain number of days.
While short-term sick leave usually doesn't require approval, extended sick leave may require approval from the employer and could be contingent on medical documentation or other evidence of illness.
Employers may offer additional sick leave as a benefit or through collective agreements, particularly for long-term employees. It is not legally required but can be negotiated.
Employees accrue sick leave based on their time worked, with some employers offering a set number of days per year or pro-rata based on their working hours.
Unused sick leave is typically carried over to the next year, though some employers may impose limits or offer a cap on carryover. Employers may also have a 'use-it-or-lose-it' policy.
Unused sick leave is generally not paid out when an employee leaves the company. However, in some cases, the employer may offer an incentive to transfer unused sick leave into other types of leave.
Typically, unused sick leave is not paid out at the end of the year, as it is intended to be used for illness during the following year.
For sick leave beyond a certain number of days, employers may require a doctor's note or medical certificate to justify the absence. This can be a standard practice, especially for leave over a week.
Employees who are members of the armed forces are entitled to military leave for training, deployment, or other military duties.
Employees are required to inform their employer in advance when they are called for military service, providing the expected dates of absence.
Military leave generally requires employer approval, but it is a legal right for employees who are members of the armed forces.
Additional leave beyond the statutory military leave can be granted, particularly in cases of active deployment or emergencies.
Military leave is not an accrued benefit and is granted as required for the employee's military duties.
Military leave is taken for specific events and does not carry over.
Military leave is generally unpaid, and there is no payout for unused leave upon termination.
Since military leave is not an accrued leave, it is not paid out at the end of the year.
Some employees may be entitled to additional benefits during military service, such as reinstatement or salary continuation, depending on legal requirements or employer policies.
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