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 Sick Leave Parental Leave. Maternity Leave Paternity leave Bereavement Leave Jury Duty 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 minimum amount of vacation leave based on their length of service. | Vacation leave is accrued based on the length of service. | Unused vacation leave can be carried over. | Unused vacation leave must be paid out upon termination. | Vacation leave is not paid out at the end of the year. |
Sick Leave | Employees are entitled to a certain number of paid sick days. | Sick leave may be accrued based on the employer's policy. | Unused sick leave may or may not be carried over. | Unused sick leave is generally not paid out upon termination. | Unused sick leave is not paid out at the end of the year. |
Parental Leave. | Employees are entitled to unpaid parental leave. | Parental leave does not accrue paid time off. | Unused parental leave cannot be carried over. | Parental leave is unpaid, so no payout is provided upon termination. | No end-of-year payout for parental leave. |
Maternity Leave | Employees are entitled to unpaid maternity leave. | Maternity leave does not accrue paid time off. | Unused maternity leave cannot be carried over. | No payout for unused maternity leave. | Not applicable |
Paternity leave | Up to 5 weeks | Paternity leave does not accrue paid time off. | Unused paternity leave cannot be carried over. | Not applicable | No end-of-year payout for paternity leave. |
Bereavement Leave | Employees are entitled to unpaid leave for bereavement. | Bereavement leave does not accrue paid time off. | Bereavement leave cannot be carried over. | Bereavement leave is unpaid, so no payout is provided on termination. | No end-of-year payout for bereavement leave. |
Jury Duty Leave | Employees are entitled to take leave for jury duty. | Jury duty leave does not accrue paid time off. | Jury duty leave cannot be carried over. | Jury duty leave is generally unpaid, so no payout is provided. | No end-of-year payout for jury duty leave. |
Employees are entitled to at least 4\% of their total earnings for the year as vacation leave, or 2 weeks of paid vacation for each year of service.
Employees are required to provide a notice of 4 weeks before taking vacation leave to allow the employer to manage workloads.
Vacation leave must be approved by the employer, as it depends on the operational needs of the business.
If an employee's workload or position changes, additional vacation days may be negotiated. However, the minimum quota is regulated by law.
Vacation leave is accrued at the rate of 4\% of total earnings per year or two weeks of leave for each year worked.
Unused vacation leave can be carried over to the next year, though some employers may limit the number of days that can be carried forward.
If an employee leaves the company, they must be paid out for any unused vacation leave accumulated during their employment.
Unused vacation leave is typically carried over to the next year unless the employee requests to be paid out for the unused days.
Employers must manage the timing of vacation leave requests based on the needs of the business, but employees have the right to request vacation time.
There is no statutory requirement for paid sick leave in Nova Scotia, but employees are generally entitled to unpaid sick leave and may have access to employer-provided paid sick leave depending on the employer's policy.
Employees must notify their employer as soon as possible when they are unable to work due to illness. For extended sick leave, a doctor's note may be required.
Sick leave must be approved by the employer, who may require documentation, such as a doctor's note for longer absences.
Some employers may offer additional paid sick leave beyond the statutory minimum, typically negotiated in employment contracts.
Sick leave is often accrued based on the number of hours worked, but the accrual rate and duration depend on the employer's policies.
In some cases, unused sick leave may be carried over to the following year, but it is often not cumulative unless stated in the employee's contract.
Unused sick leave is typically not paid out when an employee terminates their employment, as sick leave is generally intended to be used in the year it is granted.
Unlike vacation leave, sick leave is generally not paid out at the end of the year and may not be carried over, depending on the employer's policies.
Employers are not legally required to offer paid sick leave, but many employers provide sick days as part of employee benefits packages.
Parental leave in Nova Scotia provides employees with up to 61 weeks of unpaid leave to care for a newborn or newly adopted child.
Employees must provide at least 4 weeks' notice to their employer before taking parental leave.
Parental leave must be approved by the employer and the employee must follow the necessary notification procedures.
Parental leave is a fixed amount of time, and there is no legal provision for additional leave unless otherwise negotiated with the employer.
Employees on parental leave do not accrue vacation or sick leave while on leave unless specified in their employment contract.
Parental leave is not typically carried over. If an employee does not use the full leave period, it does not transfer to the next year.
Since parental leave is unpaid, there are no payouts on termination for unused parental leave.
Since parental leave is unpaid, there is no payout for unused time at the end of the year.
While parental leave is unpaid, employees may be eligible for government benefits under the Employment Insurance (EI) program.
Maternity leave provides up to 17 weeks of unpaid leave for employees who give birth. This leave can be extended under certain circumstances.
Employees must notify their employer at least 4 weeks before starting maternity leave.
Maternity leave must be approved by the employer, and the employee must adhere to the required notice period.
Maternity leave is a fixed duration and cannot be extended unless provided by the employer as part of a negotiated agreement.
While on maternity leave, employees do not accrue vacation or sick leave unless specified in the contract.
Maternity leave must be used during the period it is granted and cannot be carried over to a subsequent year.
As maternity leave is unpaid, there is no payout upon termination.
Since maternity leave is unpaid, there is no end of year payout for unused maternity leave.
Employees on maternity leave may be eligible for Employment Insurance (EI) maternity benefits provided by the government.
New fathers are entitled to up to 5 weeks of unpaid paternity leave to be taken within 52 weeks of the child's birth or adoption.
Employees must provide their employer with at least four weeks' notice of the date they intend to start their paternity leave and the duration of the leave.
Paternity leave must be approved by the employer, and employees should provide proper notice as outlined.
Paternity leave is a fixed period, and employees cannot negotiate additional leave days unless offered by the employer.
Paternity leave is unpaid, so employees do not accrue any vacation or sick leave while on leave.
Paternity leave is typically a one-time event and cannot be carried over or used in the future.
Paternity leave is unpaid and therefore, there are no payout rules upon termination of employment.
Unused paternity leave is not paid out at the end of the year.
While paternity leave is unpaid, employees may qualify for government benefits, such as Employment Insurance (EI) parental benefits.
Employees are typically entitled to 3 to 5 days of unpaid leave to grieve the death of a close family member, depending on company policy.
Employees should notify their employer as soon as possible when they need to take bereavement leave, though some employers may ask for proof, such as a death certificate.
Bereavement leave needs approval from the employer, although it is usually granted as it is seen as a compassionate leave.
Some employers may offer additional days for bereavement leave, depending on the circumstances and the employee's relationship with the deceased.
Bereavement leave is not typically accrued and is given as needed.
Bereavement leave is given on an as-needed basis and cannot be carried over to the next year.
As bereavement leave is unpaid, there is no payout when an employee leaves the company.
Unused bereavement leave is not paid out at the end of the year.
The definition of close family members for bereavement leave may vary, and employers may have their own rules for who qualifies for bereavement leave.
Employees are entitled to leave for jury duty, and their absence is protected under law. However, the employee may not receive full pay unless the employer chooses to pay them during their jury duty.
Employees must inform their employer about jury duty as soon as they are summoned, providing the necessary documentation.
Jury duty leave is protected by law, and no approval from the employer is required for the employee to take leave.
Jury duty leave is a legal entitlement, and no additional leave is granted beyond the time required to complete jury duty.
Jury duty leave is generally unpaid, but some employers may offer paid jury duty leave.
Jury duty leave is used as needed and cannot be carried over to future years.
Jury duty leave is unpaid, and there is no payout upon termination.
Jury duty leave is not paid out at the end of the year.
Some employers provide partial pay during jury duty, depending on the company’s policy and the length of the jury service.
Get a 30 days free trial for Pro plan, or go with the Basic forever free plan!