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 Leave for Victims of Family Violence Annual Leave Sick Leave Pregnancy leave Parental leave Compassionate Care 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 |
---|---|---|---|---|---|
Leave for Victims of Family Violence | Up to 10 days | No accrual necessary | No carry over | No payout | No |
Annual Leave | 3 weeks after 1 year, 4 weeks after 10 years | Accrues over time | Limited carry over | Accrued vacation must be paid out. | Not required. |
Sick Leave | Up to 3 days of unpaid leave per year. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Pregnancy leave | Up to 17 weeks of unpaid leave. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Parental leave | Up to 37 weeks of unpaid leave. | Accrues from day one of employment. | Not applicable. | Not applicable. | Not applicable; leave is unpaid. |
Compassionate Care Leave | Up to 8 weeks of unpaid leave. | Not applicable | Not applicable. | Not applicable; leave is unpaid. | Not applicable; leave is unpaid. |
Employees are entitled to up to 10 days per calendar year to address situations related to family violence.
Notice should be given as soon as possible in the circumstances. The employer may require documentation to substantiate the leave request.
While not explicitly needing approval, documentation supporting the need for leave due to family violence may be required by employers.
The quota of 10 days is generally fixed and additional days beyond this are not typically available.
This leave does not accrue but is available as a fixed amount per year.
Unused days for leave due to family violence cannot be carried over to the next year.
There is no payout for unused days of this leave type upon termination of employment.
Unused leave for victims of family violence is not paid out at the end of the year.
Employers are required to maintain confidentiality regarding the employee’s situation when handling leave related to family violence.
Employees are entitled to three weeks of paid annual leave after completing one year of employment. After 10 years of employment, the entitlement increases to four weeks.
Employees should provide notice in accordance with their employer's policy or employment contract when requesting annual leave.
Annual leave requires employer approval, and employers have the right to schedule the leave in accordance with work requirements.
Employers may offer additional vacation leave at their discretion, but it is not mandated by law
Annual leave accrues over the course of the employment year, calculated based on the employee's start date.
Carrying over annual leave to the next year is typically limited and subject to employer's policies. Some employers may allow a specific amount to be carried over, while others may not permit any.
Upon termination, employees are entitled to receive any accumulated vacation pay that has not already been paid.
Employers are not required to pay out unused vacation leave at the end of the year; policies may vary by employer.
Vacation pay is treated as earned wages under Nunavut law.
Employees are entitled to up to 3 days of unpaid leave per calendar year for their own illness or injury, or that of a family member, after completing 3 consecutive months of employment with the same employer.
Employees should inform their employer promptly upon realizing the need for sick leave.
Employees must notify their employer of the need for sick leave; employers may require reasonable verification.
Employers may offer additional sick leave at their discretion, but it is not mandated by law.
Sick leave does not accrue; it is available as needed up to the specified quota.
Unused sick leave does not carry over to the next year.
Unused sick leave is not paid out upon termination.
There is no payout for unused sick leave at the end of the year.
No additional rules apply.
Pregnant employees are entitled to up to 17 weeks of unpaid leave, starting at any time during the 17-week period immediately preceding the estimated date of delivery.
Employees should provide notice in accordance with their employer's policy or employment contract when requesting pregnancy leave.
Employer approval is typically required for pregnancy leave requests to ensure business operations are not disrupted.
Employers may offer additional pregnancy leave at their discretion, but it is not mandated by law.
Pregnancy leave does not accrue; it is available as needed up to the specified quota.
Unused pregnancy leave does not carry over to the next year.
Unused pregnancy leave is not paid out upon termination.
There is no payout for unused pregnancy leave at the end of the year.
No additional rules apply.
Both female and male employees are entitled to take unpaid parental leave to care for their newborn or adopted child, for up to 37 weeks.
Employees should provide notice in accordance with their employer's policy or employment contract when requesting parental leave.
Employer approval is typically required for parental leave requests to ensure business operations are not disrupted.
Employers may offer additional parental leave at their discretion, but it is not mandated by law.
Employees accrue the right to parental leave from the commencement of their employment, but must have been employed for at least 12 months to qualify.
Unused parental leave does not carry over to the next year.
Since parental leave is unpaid, there is no payout for unused leave upon termination.
There is no payout for unused parental leave at the end of the year, as it is an unpaid statutory entitlement.
Employers are prohibited from dismissing, suspending, laying off, demoting, or disciplining an employee because they have applied for or taken parental leave. Employees are entitled to reinstatement in their previous position or a comparable one upon return.
Employees are entitled to up to 8 weeks of unpaid leave to provide care or support to a family member with a serious medical condition and a significant risk of death within 26 weeks. The leave may be taken in periods of not less than one week.
Employees are required to provide their employers with as much notice as possible before taking compassionate care leave, although the exact time frame can be flexible due to the nature of the circumstances.
Employer approval is not required for compassionate care leave; however, employees must provide written notice and a medical certificate as specified by the Labour Standards Act.
The maximum duration for compassionate care leave is 28 weeks, and there are no provisions for extending this leave under standard employment law.
Compassionate care leave does not accrue over time but is available as a fixed duration per the specified condition.
Unused compassionate care leave cannot be carried over to another period; it is specific to the illness incident.
Since compassionate care leave is unpaid, there is no payout for unused leave upon termination.
There is no payout for unused compassionate care leave at the end of the year, as it is an unpaid statutory entitlement
Employers are prohibited from dismissing, suspending, laying off, demoting, or disciplining an employee because they have applied for or taken compassionate care leave. Employees are entitled to reinstatement in their previous position or a comparable one upon return.
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