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 Sick Leave Parental leave Maternity Leave Paternity Leave Family Leave Compassionate Care Leave Vacation Leave Bereavement 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 |
---|---|---|---|---|---|
Sick Leave | Employees are entitled to a certain number of sick days based on their employer's policies. | Sick leave may be accrued based on the employer's policy. | Unused sick leave may or may not carry over. | Sick leave is not usually paid out at termination. | Unused sick leave is not paid out at the end of the year. |
Parental leave | Parental leave is available for both parents, typically up to 52 weeks. | Parental leave does not accrue additional benefits. | Unused parental leave cannot be carried over. | Parental leave is not paid out upon termination. | No payout for unused parental leave at the end of the year. |
Maternity Leave | Maternity leave is typically 18 weeks for the birth mother. | Maternity leave does not accrue benefits. | Not applicable | Maternity leave is not paid out on termination. | Unused maternity leave is not paid out. |
Paternity Leave | Paternity leave is usually up to 5 days for fathers. | Paternity leave does not accrue additional benefits. | Unused paternity leave cannot be carried over. | Unused paternity leave is not paid out. | Unused paternity leave is not paid out. |
Family Leave | Family leave allows up to 5 days for family emergencies. | Family leave does not accrue benefits. | Unused family leave cannot be carried over. | Family leave is not paid out at termination. | No payout for unused family leave. |
Compassionate Care Leave | Up to 28 weeks of compassionate care leave is available. | Compassionate care leave does not accrue benefits. | Unused compassionate care leave cannot be carried over. | Unused compassionate care leave is not paid out. | Unused compassionate care leave is not paid out. |
Vacation Leave | Employees are entitled to at least 2 weeks of vacation annually. | Vacation days accrue based on the length of employment. | Unused vacation can carry over, but may have a limit. | Unused vacation leave is paid out on termination. | Unused vacation is often paid out at the end of the year. |
Bereavement Leave | Employees are entitled to a short period of leave for bereavement. | Bereavement leave does not accrue. | Bereavement leave cannot be carried over. | Bereavement leave is not paid out upon termination. | Bereavement leave is not paid out at the end of the year. |
The quota for sick leave is determined by the employer and typically outlined in the collective agreement or the individual employment contract. It is common for employees to receive a specific number of paid sick days each year.
The employee should notify the employer about the illness or need for leave as soon as possible, typically within a day of the absence. If the leave is extended, a medical certificate may be required.
While employees can take sick leave when needed, approval may be required by the employer, especially if the leave extends beyond a few days. Employers may request a medical certificate for verification.
Sick leave beyond the employer's quota is typically unpaid, unless the employee has accrued additional leave through other entitlements or agreements.
Sick leave is typically accrued on a yearly or monthly basis. Some employers may provide a set number of sick days each year, while others may offer an accrual system based on hours worked.
Sick leave may or may not carry over from year to year. Employers may set a policy where unused sick leave is forfeited, or it may accumulate for future use.
Unused sick leave is typically not paid out when an employee leaves the company, unless specifically outlined in the employment contract or collective agreement.
Sick leave is not typically paid out at the end of the year, and any unused days are usually lost unless carried over according to company policy.
Some employers may allow employees to use sick leave for specific situations like family illness or personal injury, and may require medical documentation for extended sick leave
Parents are entitled to a total of 52 weeks of parental leave, which can be shared between both parents. This leave may be taken consecutively or separately.
Employees must provide at least three weeks' notice before starting parental leave, and inform the employer of the intended dates of leave.
While employees are entitled to parental leave by law, the employer must be notified ahead of time. Employers can approve the leave dates and request supporting documentation if needed.
Additional leave beyond the statutory entitlement is generally not provided unless specified in a collective agreement or individual employment contract.
Parental leave typically does not accrue vacation time, seniority, or other benefits unless stated in the employer's policies or the collective agreement.
Unused parental leave cannot be carried over, as it is a fixed entitlement under the law, and the leave must be taken within a certain time frame.
Unused parental leave is not paid out when an employee leaves the company, as it is considered a time-off benefit that must be used within a designated period.
Unused parental leave does not carry over and is not paid out at the end of the year.
If parental leave is extended beyond the statutory 52 weeks, the employer may have policies regarding unpaid leave or other special conditions.
Mothers are entitled to a total of 18 weeks of maternity leave, which must be taken within the first 12 months after the child’s birth.
Employees must provide at least 3 weeks' notice before the intended start of maternity leave, informing the employer of the expected date.
Maternity leave requires employer approval, though it is a statutory right. The employer can request medical certificates or confirmation of due dates.
Additional maternity leave beyond the 18 weeks is generally not provided unless the employee is unable to return to work due to health reasons.
Maternity leave does not accrue vacation days, seniority, or other benefits unless otherwise stipulated by the employer.
Carry over rules do not apply to maternity leave as it must be taken in one continuous period around the time of childbirth.
Unused maternity leave is not paid out upon termination, as it is a time-off entitlement specific to the birth of a child.
Unused maternity leave is not paid out at the end of the year, as it must be used within a set period after the birth.
Maternity leave may be extended if there are health complications, and additional medical leave may be provided.
Fathers are typically entitled to up to 5 days of paternity leave following the birth of a child. This is a short, paid leave.
Fathers must provide at least 3 weeks' notice to the employer before taking paternity leave.
Paternity leave is a statutory right, but the employer should be notified in advance. The employer may require the father to submit relevant documents.
Additional paternity leave beyond the statutory 5 days is not usually provided unless specified in the collective agreement.
Paternity leave does not accrue vacation days or other benefits unless otherwise agreed upon by the employer.
Paternity leave is generally not carried over and must be used within the statutory period following the birth of the child.
Unused paternity leave is not paid out at termination, as it is a short-term leave specifically related to the birth of a child.
Unused paternity leave is not paid out at the end of the year.
In some cases, additional time off may be allowed if the child’s mother is ill or if there are other exceptional circumstances.
Employees are allowed up to 5 days of unpaid family leave for emergencies, such as illness or injury of a close family member.
Employees must inform the employer as soon as possible about the need for family leave, typically within 24 hours.
Family leave is subject to employer approval. While the leave is a right, the employee must provide sufficient information and documentation.
Additional family leave is not generally provided unless specifically stipulated in a collective agreement or individual contract.
Family leave does not accrue benefits like vacation days, sick days, or seniority unless agreed upon by the employer.
Family leave is a per-event entitlement and cannot be carried over from one year to the next.
Unused family leave is not paid out when an employee terminates their employment.
Unused family leave is not paid out at the end of the year.
Employees may request additional unpaid leave for serious family emergencies with the employer’s consent.
Employees can take up to 28 weeks of compassionate care leave to care for a family member with a terminal illness.
Employees should give at least 4 weeks' notice before taking compassionate care leave to allow the employer to make adjustments.
Compassionate care leave requires employer approval, and employees may need to provide medical documentation.
Compassionate care leave is limited to 28 weeks and cannot be extended beyond this period.
Compassionate care leave does not accrue vacation days, sick days, or other benefits.
Compassionate care leave must be used within the allowed period and does not carry over.
Unused compassionate care leave is not paid out at termination.
Unused compassionate care leave is not paid out at the end of the year.
Employees may be eligible for additional compassionate care leave if the family member’s condition worsens.
Employees are entitled to a minimum of 2 weeks of paid vacation per year. Some employers may provide more based on tenure.
Employees are generally required to give at least 4 weeks' notice before taking vacation leave to allow the employer to plan accordingly.
Vacation leave must be approved by the employer. Approval is usually based on the needs of the business.
Employers may offer additional vacation days depending on the length of employment or specific agreements.
Vacation leave is typically accrued based on the employee's length of service. The longer an employee works, the more vacation time they accrue.
Unused vacation days may carry over to the next year, but many employers limit the carryover period. Some may require that unused days be taken within a certain time frame.
Any unused vacation days are typically paid out to the employee when they leave the company, either voluntarily or through termination.
Employers may pay out unused vacation days at the end of the year, depending on company policy.
Some employers may allow employees to "bank" their vacation days for later use or offer a higher payout for unused days.
Employees can take a few days off to grieve after the death of an immediate family member, typically between 3 to 5 days, depending on the employer.
Employees should inform their employer as soon as possible. Bereavement leave is often granted immediately upon the death of a close relative.
Bereavement leave is a right under Saskatchewan employment standards, but timely notification is required.
Additional leave beyond the standard 3 to 5 days is not typically provided unless the employer offers more through their policies.
Bereavement leave is not accrued and is provided as a one-time entitlement per event.
Bereavement leave is a one-off entitlement and cannot be carried over to the next year.
Bereavement leave is not paid out when an employee terminates their employment.
Bereavement leave is a one-time benefit that does not carry over or get paid out at the end of the year.
Some employers may offer more time off for the death of extended family members or for travel related to the bereavement.
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