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 Adoption Leave Leave for Victims of Interpersonal Violence Sick Leave Vacation Leave Maternity Leave Paternity Leave Parental Leave Bereavement Leave Compensation 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 |
---|---|---|---|---|---|
Adoption Leave | Up to 59 weeks, unpaid. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Leave for Victims of Interpersonal Violence | 10 days, possibly a mix of paid and unpaid. | Not applicable. | No carry over. | Not applicable for unpaid days. | No payout. |
Sick Leave | Sick leave quota is typically defined by the employer's policy or collective agreement. | Sick leave may accrue based on the employee’s length of service or contract terms. | Sick leave is often carried over from year to year. | Sick leave is generally not paid out upon termination. | Sick leave is typically not paid out at the end of the year. |
Vacation Leave | Employees are entitled to a set number of vacation days per year. | Vacation leave is accrued based on time worked. | Vacation leave may carry over to the next year, subject to limits. | Unused vacation leave is typically paid out upon termination. | Unused vacation leave may be paid out at year-end. |
Maternity Leave | Up to 19 weeks | Maternity leave does not affect an employee's accrued benefits. | Maternity leave can be carried over if needed. | Maternity leave is typically not paid out upon termination. | There is no payout for unused maternity leave. |
Paternity Leave | Paternity leave provides time off for fathers after childbirth. | Paternity leave does not affect benefits accrual. | Paternity leave cannot be carried over. | Paternity leave is typically unpaid at termination. | Unused paternity leave is not paid out. |
Parental Leave | Parental leave provides time off for parents after the birth or adoption of a child. | Parental leave typically does not affect benefit accrual. | Parental leave cannot be carried over. | Parental leave is generally unpaid, and there is no payout upon termination. | Unused parental leave is not paid out at the end of the year. |
Bereavement Leave | Bereavement leave is granted to employees following the death of a close family member. | Bereavement leave does not affect benefits accrual. | Bereavement leave is not carried over. | Bereavement leave is typically unpaid and not paid out upon termination. | Not applicable |
Compensation Leave | Compassionate care leave provides time off to care for a seriously ill family member. | Compassionate care leave does not affect the accrual of benefits. | Compassionate care leave cannot be carried over. | Compassionate care leave is generally unpaid and not paid out at termination. | Unused compassionate care leave is not paid out at the end of the year. |
Jury Duty Leave | Jury duty leave is granted to employees who are called to serve on a jury. | Jury duty leave does not affect benefit accrual. | Jury duty leave cannot be carried over. | Jury duty leave is typically unpaid and not paid out upon termination. | Unused jury duty leave is not paid out at the end of the year. |
Employees adopting a child are entitled to up to 59 weeks of unpaid adoption leave, which must be taken within 78 weeks following the child's placement.
Employees must provide at least four weeks' notice prior to commencing adoption leave.
Adoption leave is a statutory right and does not require employer approval, but employees must comply with the notice requirements.
The total adoption leave entitlement cannot exceed 59 weeks, with no provisions for extending this period under standard employment law.
Adoption leave entitlement does not accrue but is a one-time entitlement per child, based on legislative provisions.
Adoption leave must be taken within 78 weeks of the child's placement and cannot be carried over beyond this period.
Adoption leave is unpaid, and thus there is no payout for unused leave upon termination.
There is no end-of-year payout for adoption leave as it is unpaid.
Employees are entitled to return to their job or a comparable position with the same benefits and salary after returning from adoption leave.
Victims of interpersonal violence are entitled to 10 days of leave per calendar year, which may be taken intermittently or continuously. The first five days of leave in a calendar year are paid, and the remainder are unpaid.
Notice should be given as soon as is feasible, considering the circumstances of the interpersonal violence.
While approval is not needed, employers may require reasonable documentation to support the leave request, such as a police report or court document.
There is no provision for additional leave for victims of interpersonal violence beyond the 10 days allowed per calendar year.
This leave does not accrue but is allocated per calendar year based on qualifying conditions.
Unused leave for victims of interpersonal violence does not carry over to the next calendar year.
There is no payout upon termination for the unpaid portion of the leave; any unused paid days are subject to standard employment contract conditions.
There is no end-of-year payout for unused days of leave for victims of interpersonal violence.
Employers are required to keep all matters regarding the leave confidential to protect the employee's privacy and safety.
Sick leave is usually provided in the form of paid or unpaid days off for employees who are unable to work due to illness or injury. The number of days provided depends on the employer's policy or the terms of the collective agreement.
Employees should notify their employer about their illness or incapacity as soon as possible. Depending on the policy, a doctor's note might be required after a certain period of absence.
Sick leave generally requires approval from the employer, particularly if the absence exceeds a set duration or if there are questions regarding the legitimacy of the leave.
If an employee has exhausted their sick leave quota, additional leave may be granted depending on the employer's policy or through a collective bargaining agreement. Some employers offer extended sick leave or long-term disability benefits.
Sick leave is often accrued based on the length of service or as per the terms outlined in the employment contract. For example, employees may accrue a certain number of sick days each month.
Depending on the employer’s policy, unused sick leave can often be carried over from year to year. However, some employers may impose a cap on the total number of days that can be carried over.
In most cases, unused sick leave is not paid out when an employee leaves the company or is terminated, unless otherwise stipulated in a collective agreement or contract.
Unused sick leave is generally not paid out at the end of the year, as it is meant to be used for illness or injury rather than for financial benefit.
Employers may provide additional sick leave benefits, such as long-term disability leave or a wellness program. These benefits vary depending on the employer’s policies or collective agreements.
The vacation leave quota is generally defined as a specific number of days or weeks off per year. The standard is typically two weeks of paid vacation, but it can vary based on the length of service, job position, or union agreement.
Employees must usually provide reasonable notice before taking vacation, which varies based on the employer’s policy. The notice period ensures that the employer can plan for coverage during the employee’s absence.
Vacation leave generally requires approval from the employer, who will consider business needs and operational requirements when granting leave.
Employers may offer additional vacation days as employees gain seniority or through negotiation. Some collective agreements provide extra vacation days after a certain number of years of service.
Vacation leave is typically accrued based on the number of hours or days worked. For example, employees may accrue a set amount of vacation leave each month or year.
Unused vacation leave may carry over to the next year, but some employers impose a cap on the amount of unused leave that can be carried over. Employers may also require employees to use vacation leave within a certain period.
Upon termination, employees are generally paid for any unused vacation leave that has been accrued. The payout is calculated based on the employee's regular wage rate.
In some cases, unused vacation leave may be paid out at the end of the year if the employee has not used all of their allocated vacation days.
employers may offer additional vacation benefits, such as the option to buy or sell vacation days, or an extended vacation program for long-serving employees.
Pregnant employees are entitled to up to 19 weeks of unpaid maternity leave, which can be taken starting 12 weeks before the expected birth date.
Employees must notify their employer at least four weeks before the start of their maternity leave. This notice allows the employer to make arrangements for the employee’s absence.
Maternity leave is a statutory right, but employees must inform their employer within the required notice period. The employer cannot refuse the leave, but they can request a medical certificate to confirm the employee’s condition.
The quota for maternity leave is fixed by law and additional leave beyond the 19 weeks is not typically available under standard maternity leave provisions.
During maternity leave, employees continue to accrue benefits such as vacation days and seniority, depending on the terms of their employment agreement.
Maternity leave can be extended beyond the initial entitlement if medically necessary or in accordance with specific company policies. The employee may also apply for additional parental leave.
Maternity leave is usually unpaid, although some employers may offer paid leave as part of their benefits package. Upon termination, the employee would not be paid for unused maternity leave.
Unused maternity leave is not paid out at the end of the year since it is a temporary leave designed for recovery following childbirth.
The law protects the employment position of the employee taking maternity leave, ensuring they can return to the same or a comparable position with the same earnings and benefits upon their return.
Paternity leave allows fathers to take time off following the birth of their child. The leave is typically shorter than maternity leave and is often combined with parental leave.
Employees must inform their employer in advance of their intended paternity leave. Typically, at least four weeks' notice is required.
Paternity leave is subject to employer approval, but the employee is entitled to take it once the necessary requirements are met. Some employers may have specific documentation requirements.
Fathers may extend their paternity leave by taking additional parental leave, which is typically available for up to 61 weeks, depending on the specific leave regulations.
During paternity leave, employees generally continue to accrue vacation leave and other benefits depending on the employer's policies.
Paternity leave must be used during the eligible period and cannot be carried over to the next year.
Paternity leave is generally unpaid, and there is no payout upon termination unless specifically stated in the employee's contract.
Unused paternity leave is not paid out at the end of the year, as it is intended to be taken during the employee’s eligible period.
Some employers offer paid paternity leave as part of their benefits package, which may be paid fully or partially depending on company policies.
Parental leave is available to both parents after the birth or adoption of a child. The standard entitlement is up to 61 weeks for the primary caregiver, with up to 8 weeks available for the secondary caregiver, depending on the employment contract and applicable laws.
Employees are required to give notice at least four weeks in advance of taking parental leave. The notice allows employers to manage staffingand operational needs during the absence.
Parental leave is typically a statutory right, but employees must request it in writing, and it must be approved by the employer. Employers cannot deny the leave but may require verification of the child’s birth or adoption.
Some employees may extend their parental leave through shared parental leave policies or under specific collective agreements. The total duration may be adjusted based on the employer's agreement.
Employees on parental leave continue to accrue benefits such as vacation time and seniority, depending on the employer's policies. However, some benefits may be paused or adjusted during the leave period.
Parental leave must be taken during the eligible period and cannot be carried over to the next year. If the leave is not used within the allotted time, it may expire.
Parental leave is typically unpaid, and any unused leave is not paid out upon termination. However, some employers may offer partial pay during parental leave as part of their benefits package.
As parental leave is typically unpaid, unused parental leave is not paid out at the end of the year. Any unused entitlement does not carry over into the following year.
Certain employers offer paid parental leave, which provides full or partial pay for a specific period during the leave. The specific duration and terms vary based on the employer’s policies or collective agreements.
Employees are typically entitled to a short period of paid or unpaid leave following the death of a close family member. The standard duration is 3 to 5 days, depending on the employer's policy and the employee’s relationship to the deceased.
Employees should inform their employer as soon as possible about the need for bereavement leave.
Bereavement leave usually requires employer approval, but it is typically granted immediately upon request. The employee may need to provide proof of death, such as a death certificate or obituary.
Additional bereavement leave is generally not available beyond the statutory five days unless provided by the employer.
Bereavement leave does not typically affect the accrual of other benefits such as vacation or seniority, unless otherwise stated in the employment contract.
Bereavement leave is not carried over to the next year. It must be used within the specified time frame following the death of a close family member.
Bereavement leave is generally unpaid, and unused bereavement leave is not paid out when an employee terminates their employment.
There is no end-of-year payout for unused bereavement leave as it does not accrue.
Some employers offer additional days of bereavement leave or extend the leave duration, especially for the loss of a spouse, child, or parent.
Employees are entitled to compassionate care leave to care for a family member who is gravely ill. The leave is typically up to 8 weeks in duration, but it can be extended under specific circumstances, depending on employer policies.
Employees must inform their employer of their intention to take compassionate care leave with as much notice as possible, typically at least one or two weeks in advance, depending on the employer’s policy.
Compassionate care leave requires employer approval, and the employee may need to provide medical documentation confirming the family member’s serious illness.
In some cases, additional compassionate care leave may be extended if the family member’s illness worsens or if further medical documentation is provided. The leave may be extended beyond the initial 8 weeks under special circumstances.
While on compassionate care leave, employees continue to accrue benefits such as vacation time and seniority, based on the terms of their employment agreement or collective bargaining agreement.
Compassionate care leave must be used within the designated period and cannot be carried over to the next year. Any unused leave expires after the end of the eligible period.
Compassionate care leave is typically unpaid, and employees are not compensated for unused leave upon termination unless specified in their contract or collective agreement.
Any unused compassionate care leave is not paid out at the end of the year, as it is specifically designed to be used during the employee's leave period.
Certain employers may offer paid compassionate care leave, which may provide full or partial pay during the employee’s absence to care for a seriously ill family member.
Employees who are called to serve on a jury are entitled to leave to attend the court proceedings. Jury duty leave is typically unpaid unless otherwise provided by the employer.
Employees are required to notify their employer of their jury duty summons as soon as possible after receiving it. The notice period typically includes the time between receiving the summons and the start of the jury service.
Jury duty leave is typically a statutory right, and the employer cannot refuse it. However, employees may be required to submit a copy of the jury summons for verification.
If jury duty extends beyond the expected time frame, additional leave may be granted. The duration of jury duty leave depends on how long the trial lasts, and any extensions must be supported by documentation from the court.
Employees continue to accrue benefits such as vacation leave and seniority while on jury duty leave, unless otherwise stated in the employment agreement.
Jury duty leave must be used within the designated period and cannot be carried over to the next year.
Jury duty leave is generally unpaid, and any unused leave is not paid out upon termination.
Unused jury duty leave is not paid out at the end of the year, as it is granted for specific service obligations and is not intended as a leave benefit.
Certain employers may provide paid jury duty leave, either in full or partially, to support employees during their service.
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