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 Paid vacation Paid Sick Leave Maternity Leave. Parental leave Bereavement Leave Family Responsibility Leave Compassionate Care Leave Domestic Violence Leave Jury Duty Leave Public holidays. 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 |
---|---|---|---|---|---|
Paid vacation | Two weeks for employees with less than 8 years of service, three weeks after 8 years. | Vacation accrues throughout the year. | Vacation must be taken within 10 months of earning it. | Unused vacation must be paid upon termination. | Vacation pay is typically paid when leave is taken. |
Paid Sick Leave | Up to 5 unpaid sick days per year. | Does not accrue. | Unused sick leave cannot be carried over. | No payout for unused sick leave. | Not applicable. |
Maternity Leave. | Up to 17 weeks of unpaid leave. | No accrual required. | Not applicable. | Not applicable | Not applicable. |
Parental leave | Up to 62 weeks of unpaid leave. | Not applicable | Not applicable. | Not applicable. | Not applicable. |
Bereavement Leave | Up to 5 unpaid days. | No accrual required. | Not applicable. | Not applicable. | Not applicable. |
Family Responsibility Leave | Up to 3 unpaid days per year. | No accrual required. | Cannot be carried over. | Not applicable. | Not applicable. |
Compassionate Care Leave | Up to 28 weeks of unpaid leave. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Domestic Violence Leave | Up to 10 days (5 paid, 5 unpaid) and up to 16 consecutive weeks (unpaid). | Does not accrue. | Not applicable. | Not applicable. | Not applicable. |
Jury Duty Leave | Leave for the duration of jury service. | Not applicable. | Not applicable. | Not applicable. | Not applicable. |
Public holidays. | Employees are entitled to 8 paid public holidays. | Public holidays do not accrue. | Not applicable. | Earned but unpaid holiday pay must be paid. | Not applicable. |
Employees who have worked for at least one year are entitled to two weeks of paid vacation annually. After completing eight years of service, employees are entitled to three weeks of paid vacation per year.
Employers must provide employees with at least four weeks’ notice before scheduling their vacation. However, employees and employers can mutually agree on alternative arrangements.
While employees are entitled to paid vacation, the employer has the right to determine when it is taken, ensuring it does not disrupt business operations.
Employers may offer more vacation than the statutory minimum, either as a company policy or based on employment contracts.
Employees earn vacation based on the wages earned in the previous year. If an employee has worked for less than a year, vacation pay is calculated as a percentage of earnings.
Employees must use their vacation within 10 months after earning it unless the employer agrees to carry it forward.
If an employee is terminated or resigns, the employer must pay any accrued but unused vacation pay.
Employers usually pay vacation pay when the employee takes leave, but they can also choose to pay it at the end of the year.
Employees with less than 8 years of service must receive vacation pay of at least 4\\\\\\\\\\% of their gross earnings. Those with 8+ years receive 6\\\\\\\\\\%.
New Brunswick’s employment standards do not mandate paid sick leave, but employees can take up to 5 unpaid sick days per year.
Employees must notify their employer as soon as possible if they need to take sick leave.
Employers cannot deny sick leave, but they may request a medical certificate as proof of illness.
Employers can provide additional sick leave at their discretion through employment contracts or workplace policies.
Sick leave is provided on an as-needed basis, and there is no accrual process.
Sick leave does not carry over to the next year and resets annually.
Since sick leave is unpaid and does not accrue, there is no payout upon termination.
Since sick leave is unpaid and non-accrual, there is no end-of-year payout.
Some employers offer paid sick leave as part of their benefits package, but it is not legally required.
Pregnant employees are entitled to up to 17 weeks of unpaid maternity leave, starting up to 13 weeks before the due date.
Employees must provide written notice to their employer at least 4 weeks before beginning maternity leave.
Employers cannot deny maternity leave as long as the employee provides the required notice.
Employees may take up to 62 weeks of Parental Leave following Maternity Leave.
Maternity leave does not accrue and is available to eligible employees when needed.
Since Maternity Leave is a one-time entitlement per pregnancy, it does not carry over.
Maternity leave is unpaid, so there is no payout upon termination.
Since the leave is unpaid, there is no end-of-year payout.
Employees on maternity leave may qualify for Employment Insurance (EI) maternity benefits.
Employees are entitled to up to 62 consecutive weeks of unpaid parental leave, which can begin at any time within 78 weeks after the birth of a child or the adoption of a child.
Employees must provide at least 4 weeks of written notice before starting parental leave.
Employers cannot deny parental leave as long as the employee provides the required notice.
The statutory limit is 62 weeks, but employers may provide additional leave at their discretion.
Parental leave does not accrue over time but is available as a single block per child.
Parental leave must be taken within 78 weeks of the birth or adoption of a child.
Parental leave is unpaid, so there is no payout upon termination.
Since the leave is unpaid, there is no end-of-year payout.
Employees taking parental leave may be eligible for Employment Insurance (EI) parental benefits, provided they meet the eligibility criteria.
Employees are entitled to up to 5 unpaid days of bereavement leave following the death of an immediate family member.
Employees should inform their employer as soon as possible when they need to take bereavement leave.
Formal approval is not typically required for bereavement leave, but employees must notify their employer and provide relevant details.
Employers can offer additional bereavement leave beyond the statutory 5 days as per company policy.
Bereavement leave is available immediately when needed and does not accrue over time.
Bereavement leave is only available in the event of a family member's passing and cannot be carried over.
Bereavement leave is unpaid, so there is no payout upon termination.
There is no payout for unused bereavement leave at the end of the year.
Bereavement leave is available for the loss of a spouse, child, parent, sibling, grandparent, or other close relatives as defined by employer policies.
Employees may take up to 3 unpaid days per year for responsibilities related to the care or health of an immediate family member.
Employees must notify their employer as soon as possible when they need family responsibility leave.
Employers cannot refuse the leave but may require proof of need.
Additional leave beyond the statutory 3 days is at the employer's discretion.
Family responsibility leave is provided annually and does not accrue.
Unused leave cannot be carried over to the next year.
Since the leave is unpaid, there is no payout upon termination.
No payout for unused family responsibility leave at the end of the year.
This leave can be taken for medical appointments, childcare, or eldercare responsibilities.
Employees can take up to 28 weeks of unpaid leave to care for a terminally ill family member.
Employees must inform their employer as soon as possible and provide supporting medical documentation.
Employers cannot deny the leave but may request medical proof of the family member's condition.
The maximum leave is 28 weeks, but employers may allow additional leave at their discretion.
Compassionate care leave does not accrue but is granted as a one-time entitlement per specified situation.
This leave is only available when required and does not carry over.
Since this leave is unpaid, there is no payout on termination.
Unused compassionate care leave does not get paid out at the end of the year; it is event-specific and cannot be 'saved.'
Employees taking compassionate care leave may be eligible for Employment Insurance (EI) benefits.
Employees experiencing domestic violence are entitled to up to 10 days of leave per year, with the first 5 days being paid and the remaining 5 unpaid. Additionally, employees may take up to 16 consecutive weeks of unpaid leave.
Employees should notify their employer as soon as possible about the need for domestic violence leave. If advance notice cannot be given, notification should be provided as soon as circumstances allow.
Employers cannot deny domestic violence leave, but they may request reasonable proof to support the leave request.
Employers may offer additional leave beyond the statutory 10 days or 16 weeks as part of their workplace policies.
Domestic violence leave is granted as needed and does not accrue over time.
Unused domestic violence leave cannot be carried over to the next year.
Since the leave is either unpaid or partially paid, there is no payout upon termination.
There is no payout for unused domestic violence leave at the end of the year.
Employees can take the 10 days of leave intermittently or consecutively, while the 16-week leave must be taken continuously.
Employees are entitled to leave for the entire duration of their jury duty, as required by the court.
Employees must inform their employer as soon as they receive a jury summons.
Employers cannot deny jury duty leave as it is a civic responsibility mandated by law.
Jury duty leave lasts as long as required by the court, with no additional quota needed.
Jury duty leave is granted based on legal summons and does not accrue.
Jury duty leave is only available when summoned and cannot be carried over.
Jury duty leave is unpaid unless specified in an employment contract or workplace policy.
No end-of-year payout is applicable for jury duty leave.
Employers cannot dismiss, discipline, or penalize employees for serving on a jury.
New Brunswick recognizes 8 statutory public holidays, during which eligible employees are entitled to a paid day off.
Public holidays are pre-determined and do not require notice from employees.
Public holidays are legally mandated, and employers must comply.
Employers may offer additional paid holidays beyond the statutory 8, based on company policy.
Public holidays are set annually and do not accumulate over time.
Public holidays occur on fixed dates and cannot be carried over.
If an employee is terminated before receiving holiday pay for an eligible period, the employer must compensate for the missed holiday pay.
Unused public holidays do not result in an additional payout.
Employees who work on a public holiday must receive either a substitute day off with pay or premium pay, as determined by provincial labor laws.
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