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 Annual Vacation Personal Leave Maternity Leave Parental Leave Adoption Leave Bereavement Leave Compassionate Care Leave Court Leave Sick Leave Family 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 |
---|---|---|---|---|---|
Annual Vacation | Minimum of two weeks after one year of employment, increasing with tenure. | Vacation time accrues over the course of a year. | Carry over of vacation days is subject to employer policies. | Unused vacation is paid out on termination. | Not standard, depends on employer policy. |
Personal Leave | Up to 3 days per year. | No accrual; allocated annually. | Not carried over. | No payout upon termination. | No end of year payout. |
Maternity Leave | Up to 18 weeks. | Leave accrues based on eligibility. | Not applicable. | Not applicable | No payout at year-end. |
Parental Leave | Up to 12 weeks of unpaid leave. | No accrual during leave. | Cannot carry over unused parental leave. | No payout upon termination. | No payout at year-end. |
Adoption Leave | Up to 12 weeks of unpaid leave. | Leave does not accrue benefits. | No carryover of unused leave. | No payout upon termination. | No payout at year-end. |
Bereavement Leave | Up to 3 days of paid leave. | Does not accrue benefits. | No carryover allowed. | Not applicable | No payout at year-end. |
Compassionate Care Leave | Up to 8 weeks of unpaid leave. | Leave does not accrue benefits. | Cannot carry over unused leave. | Not applicable. | Not applicable. |
Court Leave | Leave for jury duty or court appearances. | Does not accrue benefits. | No carryover allowed. | No payout upon termination. | No payout at year-end. |
Sick Leave | Up to 7 days per year. | Sick leave does not accrue. | Unused sick leave does not carry over. | No payout upon termination. | No payout at year-end. |
Family Leave | Up to 12 weeks of unpaid leave. | No accrual during leave. | Leave cannot be carried over. | No payout upon termination. | No payout at year-end. |
Employees are entitled to two weeks of vacation after completing one year of employment and three weeks after completing five years. After ten years, employees receive four weeks.
The employer must inform the employee of their vacation start date at least one month in advance.
Vacation periods are subject to employer approval and must be scheduled by the employer.
Employers may offer more vacation time than the statutory minimum at their discretion or through contractual agreements with employees.
Annual vacation accrues monthly, based on the employee's start date, and is calculated at a rate that reflects the total annual entitlement.
While not typically mandated by law, employers may allow employees to carry over unused vacation days into the next year, subject to company policy.
Upon termination of employment, any accrued but unused vacation pay must be paid out to the employee.
End of year payout of unused vacation days is not required by law but may be offered depending on employer's policies.
Additional rules regarding annual vacation may vary significantly between different employers and are often outlined in employment contracts or collective agreements.
Employees are entitled to up to three days of personal leave per year, which can be used for various personal obligations or emergencies.
Employees should notify their employer as soon as possible, ideally before the leave is to be taken.
Personal leave typically requires approval from the employer, although this may depend on the nature of the emergency or personal situation.
Additional personal leave beyond the stipulated three days is uncommon and would typically need to be negotiated with the employer.
Personal leave is allocated on an annual basis and does not accrue with additional years of service.
Unused personal leave does not carry over to the next year and is reset annually.
There is no payout for unused personal leave when an employee terminates their employment.
Unused personal leave is not paid out at the end of the year.
The terms and usage of personal leave can vary significantly between different employers and may be subject to specific workplace policies.
Pregnant employees are entitled to up to 18 weeks of maternity leave, which can start as early as 16 weeks before the expected delivery date.
Employees must provide their employer with at least four weeks' notice before the date they intend to start maternity leave and the expected date of return.
Maternity leave requires approval from the employer, who may request medical certification for the need of leave if required.
The standard quota for maternity leave is up to 18 weeks and is not typically extendable beyond this period under standard employment law.
Maternity leave does not accrue paid time off or seniority during the leave period unless the employer specifies otherwise in their policies.
Carry over rules do not apply to maternity leave as it is a one-time entitlement that must be used in relation to the pregnancy and childbirth period.
Maternity leave is unpaid and thus there are no payout rules upon termination.
Maternity leave is not eligible for payout at the end of the year, as it is an unpaid leave.
Employers are required to maintain health insurance benefits for employees during maternity leave, under the same conditions as if the employee were working.
Parental leave allows parents to take up to 12 weeks of unpaid leave after the birth or adoption of a child. This leave can be taken intermittently or in one block, and is available to both mothers and fathers.
Employees must provide at least 30 days' notice to their employer regarding their intent to take parental leave.
Parental leave requires the employer's approval. Employers may request proof of the birth or adoption.
There is no provision for additional quota for parental leave beyond the 12-week entitlement.
Parental leave does not accrue paid time off, vacation, or other benefits during the leave period.
Unused parental leave does not carry over and must be used within the 12-month period following the birth or adoption.
Unused parental leave is not paid out if the employee leaves the company before utilizing the leave.
There is no end-of-year payout for unused parental leave.
Parental leave allows employees to continue receiving their health insurance benefits, provided they remain enrolled in the company's plan.
Adoptive parents are entitled to up to 12 weeks of unpaid leave to bond with a newly adopted child. The leave must be used within the first year of the child's adoption.
Adoptive parents must provide 30 days' notice of their intention to take adoption leave, whenever possible.
Employer approval is required for adoption leave. Documentation regarding the adoption may be requested.
Adoption leave is limited to a 12-week maximum, with no additional leave quota available.
Adoptive leave does not accrue vacation or paid time off, nor does it extend the employee's tenure.
Unused adoption leave cannot be carried over to the next year and must be used within the allowable period.
Unused adoption leave is not paid out if the employee leaves the company before utilizing the leave.
Adoption leave is not eligible for payout at the end of the year.
Employers must continue health insurance benefits during the adoption leave period, under the same conditions as if the employee were working.
Employees are entitled to up to 3 days of paid leave for the death of an immediate family member. The leave can be extended based on the employer's discretion.
Employees should notify their employer as soon as possible, but no formal notice period is specified.
Bereavement leave does not require approval, but employees must inform their employer and provide appropriate documentation if requested.
Employers may grant additional bereavement leave depending on the circumstances, but there is no mandatory provision for extra leave.
Bereavement leave does not accrue vacation or other benefits.
Bereavement leave cannot be carried over to another year.
There is no payout for unused bereavement leave upon termination as it is only applicable during specific circumstances.
There is no payout for unused bereavement leave at the end of the year.
Employers may have specific policies on bereavement leave, including the length of time granted or extended leave options.
Employees can take up to 8 weeks of unpaid compassionate care leave to care for a family member with a serious medical condition.
Employers require notice as soon as possible, ideally before the leave begins, but the urgency of the situation may affect this.
Compassionate care leave requires employer approval, and medical documentation may be requested.
There is no provision for additional compassionate care leave beyond the 8-week limit.
Compassionate care leave does not accrue paid time off or other benefits.
Unused compassionate care leave cannot be carried over and must be used within the year it is granted.
Since compassionate care leave is unpaid, there is no payout for unused portions upon termination.
There is no payout at the end of the year for compassionate care leave as it is unpaid.
Employees may be required to provide medical documentation to confirm the need for compassionate care leave.
Employees are entitled to leave for the time required to attend jury duty or court appearances. This is usually unpaid but may be paid at the discretion of the employer.
Employees should inform their employer as soon as they receive a jury duty summons or notice of a required court appearance.
Court leave requires approval from the employer, who may request a copy of the jury duty summons or court order.
There is no provision for additional leave beyond what is necessary for court attendance.
Court leave does not accrue paid time off or other benefits during the leave period.
Court leave cannot be carried over to another year.
Unused court leave is not paid out if the employee leaves the company.
Court leave is not paid out at the end of the year.
Court leave is typically unpaid unless the employer has a policy that provides pay during the leave.
Employees are entitled to up to 7 days of paid sick leave each year. Employers may offer additional sick leave at their discretion.
Employees should inform their employer as soon as they are unable to work due to illness, ideally before the start of their workday.
Sick leave requires approval from the employer, and employees may be asked to provide a doctor's note for extended absences.
Employees may request additional sick leave, but it is not guaranteed and depends on the employer's policy.
Sick leave is typically offered as a set amount per year and does not accrue over time.
Unused sick leave cannot be carried over to the next year and must be used within the year it is granted.
Unused sick leave is not paid out when the employee leaves the company.
There is no payout for unused sick leave at the end of the year.
Employers may require medical certification for absences exceeding a certain number of days.
Family leave allows employees to take up to 12 weeks of unpaid leave to care for a sick family member or address family emergencies.
Employees must give at least 30 days' notice before taking family leave, if possible.
Family leave requires employer approval. Employees may need to provide documentation or evidence of the family member's condition.
There is no provision for additional family leave beyond the 12-week entitlement.
Family leave does not accrue paid time off or other benefits during the leave period.
Unused family leave must be used within the year and cannot be carried over to the next year.
Unused family leave is not paid out if the employee leaves the company before utilizing the leave.
Family leave is not eligible for payout at the end of the year.
Employers may have specific policies on family leave, such as eligibility requirements or additional benefits during leave.
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