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 Paternity leave Annual Leave Sick leave Maternity Leave Compassionate leave Vacation 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 |
---|---|---|---|---|---|
Paternity leave | Up to 5 weeks | Not applicable | Not applicable | Not applicable | Not applicable |
Annual Leave | Minimum of two weeks after one year of employment. | Annual leave is accrued based on employment duration. | Annual leave may be carried over, subject to company policy. | Unused annual leave is paid out on termination. | Annual leave is not automatically paid out at year-end. |
Sick leave | Employees receive paid sick leave for health reasons. | Sick leave is usually accrued gradually. | Unused sick leave can carry over. | Unused sick leave is not typically paid out. | Unused sick leave is not paid out at year-end. |
Maternity Leave | Employees are entitled to maternity leave after pregnancy. | Maternity leave is a one-time leave type, not accrued. | Maternity leave cannot be carried over. | Unused maternity leave is not paid out. | Maternity leave is not paid out at year-end. |
Compassionate leave | Employees are entitled to compassionate leave for emergencies. | Compassionate leave is generally a non-accrued benefit. | Compassionate leave is not carried over. | Compassionate leave is not paid out on termination. | Compassionate leave is not paid out at year-end. |
Vacation Leave | Employees are entitled to paid vacation leave. | Vacation leave is accrued over time. | Carryover of unused leave is generally permitted. | Unused vacation paid out on termination. | Vacation leave may not be paid out at year-end. |
Paternity leave in Quebec is available for up to 5 weeks. It is available for the biological father following the birth of a child, or for the adoption of a child.
The employee must notify their employer in writing at least 3 weeks before the leave is due to begin, indicating the planned start and end dates of the leave.
Like maternity leave, paternity leave is a right for eligible employees, provided that notice and, if required, proof of birth or adoption is given.
The statutory quota for paternity leave is fixed, and additional paternity leave is not typically available.
Paternity leave does not accrue as it is a one-time entitlement per child.
Carry over of unused paternity leave is not applicable as it is designated for use around the time of birth or adoption.
Unused paternity leave is not paid out upon termination as it is event-specific.
Since paternity leave is unpaid, there is no end of year payout for unused paternity leave.
Paternity leave must be taken within 52 weeks of the child's birth or adoption date. This time frame is designed to provide flexibility for families to adjust to new circumstances.
Employees are entitled to a minimum of two weeks of paid vacation for each completed year of employment. After 15 years of employment, this entitlement increases to three weeks.
Employees must notify their employer at least two weeks in advance of their intended leave period. Some employers may require more notice.
Vacation dates must be approved by the employer, who can schedule vacations based on business needs.
Additional annual leave may be granted depending on the employer's policies and if the employee has worked for an extended period without taking leave.
Employees accrue annual leave at a rate based on their employment duration, typically calculated as a percentage of hours worked.
Annual leave may be carried over into the next year, but some employers may have a 'use-it-or-lose-it' policy, where unused leave is forfeited after a certain period.
When an employee leaves the company, they are entitled to a payout for any unused annual leave days, calculated based on their regular salary.
Unused annual leave is not typically paid out at the end of the year unless specified in the contract. It is either carried over or paid out upon termination.
Specific rules regarding annual leave, such as scheduling and overlapping leave requests, may vary by employer and should be outlined in the employment contract or employee handbook.
Sick leave typically starts accruing after a certain probation period, with employees entitled to a set number of days per year (e.g., 5-10 days).
Employees should notify their employer of illness on the first day of absence, or as soon as possible, providing a doctor's note if required.
Employees can take sick leave without prior approval, but they must notify their employer promptly and provide proof of illness if required.
If an employee exhausts their annual sick leave quota, additional leave may be granted at the discretion of the employer, often requiring a doctor's certificate.
Sick leave is often accrued monthly or annually, depending on the employer's policy. Some systems allow unused sick leave to carry over to the following year.
Sick leave usually carries over to the next year, but some employers may limit the amount carried over to prevent abuse of the leave policy.
Sick leave is generally not paid out upon termination of employment unless explicitly stated in the employee contract.
There is typically no payout for unused sick leave at the end of the year; it may be carried over instead.
A medical certificate may be required for sick leave exceeding a certain number of days, typically after three consecutive days of absence.
Maternity leave is typically 17 to 18 weeks, with a portion of the leave being paid, depending on the employee's contract and government policy.
Employees should inform their employer of their pregnancy and expected leave dates at least 4-6 weeks before the due date.
The employer must approve the maternity leave, ensuring that all documentation and the proper notice period are met.
In some cases, additional maternity leave may be granted, either paid or unpaid, depending on the employer’s policies and the legal framework.
Maternity leave is typically not accrued over time but is granted as a one-time entitlement once the employee qualifies for it.
Maternity leave is not carried over; employees must take it within a certain timeframe after the birth of their child.
Maternity leave is not paid out if the employee terminates employment before taking the leave.
Maternity leave does not have an end-of-year payout. It is to be used within the set leave period.
Maternity leave may require specific documentation, such as a medical certificate, and employees must adhere to certain timelines for leave applications.
Compassionate leave typically provides a few days off (3-5 days) for employees to deal with family emergencies or the death of a loved one.
Employees should notify their employer as soon as possible when taking compassionate leave, explaining the reason for the leave.
Approval for compassionate leave is generally required from the employer, though it is often granted in urgent situations.
Additional compassionate leave may be given at the discretion of the employer, based on the severity of the situation.
Compassionate leave is typically granted on an as-needed basis rather than accrued over time."
Compassionate leave cannot be carried over to the following year. It is provided when needed.
Unused compassionate leave is not paid out when an employee leaves the company.
Compassionate leave is not paid out at the end of the year, as it is an emergency-based leave type.
Compassionate leave is typically used in cases of serious illness, family emergencies, or the death of a close relative.
Employees are generally entitled to a set amount of vacation leave (e.g., 2 weeks per year), depending on their contract.
Employees must provide notice at least 2 weeks in advance for vacation leave, and approval is required from the employer.
The employer must approve the vacation leave, ensuring that the employee’s absence does not affect the business operations.
Additional quota beyond the statutory requirement is not common, but may be granted at the discretion of the employer or through collective agreements.
Vacation leave is accrued monthly or annually, depending on the employer's policy and the employee’s length of service.
Unused vacation leave can typically be carried over to the next year, but policies on carryover and limits can vary by employer.
Upon termination of employment, employees are paid out for any accrued but unused vacation leave.
Vacation leave is generally carried over, but some employers may offer a payout for unused vacation days at year-end.
The timing of vacation can be determined by the employer based on business needs, although employee preferences are also considered.
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