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 Family Responsibility Leave Jury Duty Leave Annual Vacation Leave Paid Time Off Sick Leave Bereavement Leave Maternity 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 |
---|---|---|---|---|---|
Family Responsibility Leave | Up to 5 days | Annual basis | Not applicable | Not applicable | Not applicable |
Jury Duty Leave | Duration of the jury duty. | Not applicable. | Not applicable. | No payout. | No end of year payout. |
Annual Vacation Leave | Minimum of 2 weeks after 1 year, increases with length of service. | Accrues monthly, based on length of employment. | Carry over is generally not permitted. | Paid out upon termination. | No, unless employment is terminated. |
Paid Time Off | |||||
Sick Leave | Up to 12 days per year | Not accrued; available annually. | Usually not allowed | No | No |
Bereavement Leave | Up to 5 days per event. | Not applicable | No carryover allowed. | Not paid out. | No end-of-year payout. |
Maternity Leave | Up to 17 weeks | Not accrued; available per pregnancy. | Not applicable | Not applicable | No end-of-year payout. |
Employees are entitled to up to 5 days of unpaid leave per year to attend to the health or care of family members or for education-related responsibilities.
Employees should provide notice as soon as it is reasonable to do so, given the urgency of the situation.
While the leave is a right, the timing and duration may require discussion and approval from the employer, especially in non-emergency situations.
Additional quota beyond the 3 days is not generally available under Manitoba law, unless specifically agreed upon with the employer.
Family responsibility leave accrues annually and is reset at the start of each calendar year.
Unused family responsibility leave does not carry over to the next year; it must be used within the calendar year.
There is no payout for unused family responsibility leave upon termination, as it is an unpaid leave.
There is no payout for unused family responsibility leave at the end of the year.
Employers may require reasonable proof of the family responsibility necessitating the leave.
Employees are entitled to leave for the period of time required to attend jury duty.
Employees must notify their employers and provide a copy of the jury summons as soon as possible after receiving it.
Employer approval is not required for jury duty leave as this is a legal obligation.
Additional quota is not applicable; leave extends for the duration of the jury duty.
There is no accrual for jury duty leave as it is granted as required by law.
Carry over rules do not apply to jury duty leave as it only occurs when summoned.
There is no payout for unused jury duty leave upon termination as this leave is granted only during the jury duty period.
There is no end of year payout for unused jury duty leave.
Employees may be required to show their employer the jury summons as proof of the need for leave.
Employees are entitled to a minimum of two weeks of vacation after completing one year of work. This increases to three weeks after completing 8 years with the same employer.
Employees are required to give reasonable notice before taking their vacation. The specific period can vary depending on the employer's policies.
Vacation leave must be approved by the employer, and the timing of the leave can be at the discretion of the employer to ensure the operation of the workplace is not unduly disrupted.
Additional vacation leave beyond the statutory minimum is not commonly granted, unless specified in an employment contract or collective bargaining agreement.
Vacation leave accrues monthly once an employee completes six months of employment. The accrual rate increases after eight years of continuous employment with the same employer.
Vacation leave is to be taken within the year it is earned and typically cannot be carried over to the next year, unless the employer agrees otherwise.
Any accrued but unused vacation leave must be paid out to the employee upon termination of employment.
Unused vacation leave is not paid out at the end of the year unless the employment relationship is terminated.
Vacation pay, calculated as a percentage of wages, increases from 4% to 6% once an employee has completed eight years of service with the same employer.
Employees are entitled to a maximum of 12 days of sick leave per year, which can be used for personal illness or injury.
Employees are required to inform their employer about their absence due to sickness as soon as reasonably possible.
Sick leave does not typically require prior approval, but employers may require a doctor's note or other proof of illness after a certain number of consecutive days absent.
Employers may provide more than the statutory sick leave at their discretion.
Employees receive 5 paid sick days per year, which do not accrue over time.
Carrying over unused sick leave to the following year is generally not allowed.
There is no payout for unused sick leave upon termination of employment.
There is typically no payout for unused sick leave at the end of the year.
For extended periods of sick leave, or after a certain number of days, employers may require a doctor's note or other medical proof to substantiate the sick leave claim.
Employees are entitled to up to 5 days of bereavement leave upon the death of an immediate family member.
Employees should inform their employer as soon as possible when taking bereavement leave.
Employers cannot deny bereavement leave if the employee meets the eligibility criteria.
Employers may offer additional paid or unpaid bereavement leave.
Bereavement leave does not accrue and is available as needed for qualifying events.
Unused bereavement leave does not carry over to the next year.
Unused bereavement leave is not compensated upon termination.
There is no payout for unused bereavement leave at the end of the year.
Bereavement leave is typically available for the death of immediate family members. Definitions of 'immediate family' can vary but generally include spouses, children, parents, and siblings.
Pregnant employees are entitled to take up to 17 weeks of unpaid leave, starting up to 17 weeks before the due date.
Employees must provide their employer with at least 4 weeks of written notice before taking maternity leave.
Maternity leave is a statutory right and does not require employer approval, though notice is required.
Additional maternity leave may be granted under specific conditions such as medical complications or as part of an extended parental leave policy.
Maternity leave does not accrue and is available once per pregnancy.
Carry over concepts do not apply to maternity leave as it is a one-time entitlement per pregnancy.
There is no payout for unused maternity leave upon termination as this leave is designated for a specific purpose.
There is no payout for unused maternity leave at the end of the year.
A medical certificate confirming the pregnancy and expected due date is typically required to be submitted to the employer.
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