Leave of Absence in Canada: Your Guide to Time Off

Missing work can be necessary when an unexpected personal or family issue arises. However, navigating Canada’s complex legal landscape surrounding leaves of absence poses challenges for both employees and employers.

This extensive guide examines the key details of leave of absence available in Canada. We’ll explore key definitions, eligibility factors, required documents, duration limits, pay entitlements, benefits maintenance, and processes for arranging time off.

Whether you need to care for a loved one, attend to your own health, grieve a loss, or manage an emergency, understanding your leave options is crucial. Read on for an overview of leave of absence in Canada and best practices for requesting and managing time off.

A leave of absence in Canada is an employer-approved, job-protected period of time away from work. It allows an employee to manage significant personal events, illnesses, or family responsibilities. Depending on the specific leave, legislation, and company policy, the leave may be paid or unpaid.

The legal framework is divided between federal and provincial jurisdictions. The Canada Labour Code establishes minimum standards for federally regulated workplaces, while every province and territory has its own Employment Standards Act with various types of protected leave.

The main difference between types of leave in Canada is whether they are paid or unpaid, a distinction that directly affects an employee’s financial security.

Paid Leave Entitlements

Paid leave, where the employer continues to pay wages, is less common for extended leaves but is becoming more prevalent for shorter durations.

As of recent updates to the Canada Labour Code, federally regulated employees are entitled to:

• Medical Leave: Up to 10 days of paid leave each year. Employees earn 3 days after 30 days of employment, and one additional day per month thereafter, up to a maximum of 10.
• Personal Leave: The first 3 days of the 5-day personal leave are paid for employees with at least 3 months of continuous service.
• Bereavement Leave: The first 3 days are paid for eligible employees.
• Domestic Violence Leave: The first 5 days of this 10-day leave are paid.

Provinces like British Columbia offer five paid days for illness or injury after 90 days of employment. Quebec provides paid leave for various family events.

Unpaid Leave and Employment Insurance (EI)

Most statutory leaves in Canada are unpaid, meaning the employer is not required to pay wages. However, job protection remains. During these times, employees may qualify for financial assistance through the federal Employment Insurance (EI) program.

Key leaves often covered by EI benefits include:

• Maternity & Parental Benefits: Offer income support to individuals during pregnancy, after giving birth, or while caring for a newborn or newly adopted child.
• Sickness Benefits: Offers support if you cannot work due to illness, injury, or quarantine.
• Caregiving Benefits: Includes benefits for compassionate care (caring for someone at significant risk of death) and for family caregivers of a critically ill child or adult.

An employee on an unpaid statutory leave often uses EI benefits as their primary source of income. Some employers also offer “top-up” plans to supplement EI payments.

Canada has a strong system of job-protected leave covering diverse needs. Let’s look at some of the most common types of leaves in Canada:

Maternity and Parental Leaves in Canada

New and expectant parents are entitled to job-protected leave to care for their children. Although the leave is unpaid, parents may apply for Maternity and Parental Benefits through the federal Employment Insurance (EI) program.

• Maternity Leave: Available to pregnant employees for up to 17 weeks surrounding the birth. 13 weeks can be taken before the due date and 17 weeks after delivery. This requires a medical certificate.
• Parental Leave: Provides up to 63 weeks off work for new parents to care for a child. It can be shared between two parents and applies to both birth and adoption.
• Documentation: Medical certificate for maternity leave confirming the pregnancy due date. Written notice to the employer at least 4 weeks before each leave.
• Benefits Maintained: Pension and health insurance continue if the employee pays contributions. Vacation accrues.

Compassionate Care Leave in Canada

This leave allows employees to care for a gravely ill family member who is at significant risk of death.

• Eligibility: Available when a medical doctor certifies a family member is seriously ill with a significant risk of death.
• Duration: You can take up to 28 weeks of leave within a 52-week period. The leave can be shared among family members.
• Documentation: A medical certificate confirming the illness is required. You must give written notice to your employer as soon as possible.
• Benefits: Your pension and health benefits can continue if you keep paying your share. You will also continue to build seniority while on leave.

Leave Related to Critical Illness in Canada

This leave is for caring for a critically ill child or adult family member.

• Eligibility: This applies when a doctor certifies that a minor or adult family member has a critical illness.
• Duration: Up to 37 weeks per ill child, 17 weeks per ill adult, within a 52-week period.
• Documentation: Medical certificate confirming critical illness required. Written notice to the employer as soon as possible, advising of the estimated leave duration.
• Benefits: Pension and health benefits continue if the employee pays contributions. Seniority accrues.

Personal Leave in Canada

Employees can access up to 5 days of personal leave yearly for health obligations, child education, urgent matters, citizenship ceremonies, or other prescribed reasons.

• Paid Time: The first 3 days are paid after 3 consecutive months of employment.
• Documentation: Employer can request supporting documents up to 15 days after return to work.
• Notice: Written notice to the employer as soon as possible regarding the intended leave dates.

Leave for Victims of Family Violence in Canada

Employees experiencing family violence can take up to 10 days off annually, the first 5 paid, to obtain professional services, counselling, relocation services, legal assistance, healthcare, or other prescribed activities.

• Paid Time: The first 5 days are paid after 3 consecutive months of employment.
• Documentation: Employer can request supporting documents within 15 days of return to work.
• Notice: Written notice to the employer as soon as possible about intended leave dates.

Bereavement Leave in Canada

When a family member passes away, employees can take up to 10 days off, 3 paid, to attend the funeral, burial, or memorial service.

• Paid Time: The first 3 days are paid after 3 consecutive months of employment.
• Duration: Can be taken in one period or split between two periods within 6 weeks of the death.
• Documentation: Written notice to the employer as soon as possible, including expected leave duration.

Medical Leave in Canada

As of December 2022, employees can access up to 10 paid medical leave days annually for personal illness, organ donation, medical appointments, or quarantine.

• Paid Entitlement: 10 paid days per year, accessible after an initial 30-day employment period.
• Documentation: Employer may request medical notes or other supporting documents.
• Notice: Written notice to the employer as soon as possible, indicating the medical leave duration.

Leave for Court or Jury Duty in Canada

Employees called for jury duty, appearing as court witnesses, or participating in jury selection can take unpaid leave for the required duration.

• Documentation: Employers may request court orders, summons, or related documents.
• Duration: For the full period required for the proceedings.
• Benefits: Seniority continues accumulating.

Leave for Traditional Aboriginal Practices in Canada

Employees who identify as Aboriginal can take up to 5 days of unpaid leave yearly to participate in traditional practices like harvesting, hunting, fishing, or ceremonial activities.

• Eligibility: Available to employees who identify as First Nations, Inuit, or Métis after 3 consecutive months of employment.
• Documentation: Employer may request proof of Aboriginal identity.
• Notice: Written notice to the employer regarding intended leave dates.

Leave for Reserve Force Service in Canada

Reservists can take up to 24 months of unpaid leave over a 60-month period to participate in Canadian Armed Forces operations, training programs, exercises, and related activities.

• Eligibility: Available to reservists employed for at least 3 consecutive months.
• Duration: Up to 24 months within a 60-month window, excluding national emergencies.
• Benefits: Employee benefits and pension do not accrue during this leave.

Annual Vacations and Public Holidays in Canada

Compared to many countries, Canada offers relatively modest vacation entitlements. However, both federal and provincial laws still make sure employees get enough paid time off each year.

• Federal Employees: Entitled to 2 weeks of paid vacation after one year, increasing to 3 weeks after five years, and 4 weeks after ten years of service. Vacation pay is 4%, 6%, and 8% of gross wages, respectively.
• Provincial Employees: Minimums are set by each province. Most start at 2 weeks. For example, in Ontario, employees get 2 weeks, increasing to 3 weeks after five years. In Saskatchewan, employees are guaranteed 3 weeks of leave to start.
• Public Holidays: Canadians typically receive an average of 9 paid public holidays, though the specific days vary by province.

Source: Types of leaves you can receive – canada.ca

Taking a leave of absence can raise questions about how your job, seniority, compensation, and benefits may be impacted. Fortunately, Canadian labour laws offer important protections for employees on leave. Here’s an overview of your key rights throughout and after protected time off work:

• Participation in pension and benefits plans continues based on employee contributions.
• Seniority continues accumulating during the leave.
• Legally, employers cannot penalize or fire employees for requesting or taking protected leaves of absence.
• Employees have the right to return to their previous role or an equivalent position with equal compensation and benefits.

Taking a leave of absence can be stressful, but you can follow the process below when taking a leave to help ensure everything goes smoothly:

Step 1: Identify the Appropriate Leave Type

You should consult the list of leave types and eligibility factors to confirm which leave type suits your needs.

Then, verify if the leave is paid, unpaid, or partially paid. For many unpaid leaves, you may be eligible for federal Employment Insurance (EI) benefits.

Step 2: Notify Your Employer

Clear and timely communication is key. So, always provide your request in writing (an email is sufficient) to create a formal record and inform your employer as far in advance as feasible.

Your written notice should clearly state:

• Your estimated return date.
• The type of leave you are requesting.
• Your proposed start date.

Step 3: Submit Required Documents

Most formal leaves require you to provide supporting documents to verify your eligibility. So, obtain all the necessary documents, which may include:

• A medical certificate or note from a healthcare practitioner.
• A court order or legal document.
• Adoption or birth certificate records.

Be sure to keep personal copies for your own records.

Step 4: Coordinate with Colleagues

Make sure you discuss the handoff of duties and projects with coworkers to maintain work continuity during the absence.

This includes preparing a clear document outlining the status of your projects, key contacts, important deadlines, and where to find necessary files.

Step 5: Update Employer if Changes Occur

When circumstances change, you need to keep your employer informed. This is not only professional but is also often required for your leave.

Step 6: Track Pay and Benefits

Maintain records of any benefits payments made during leave and follow up on reinstatement of compensation, vacation, benefits, or pension upon returning.

When combining minimum vacation days and public holidays, Canada offers fewer guaranteed paid days off than many other developed nations.

• Countries with the Most Paid Leave: European nations lead with generous policies. Austria offers a total of 38 paid days (25 vacation + 13 holidays), while France and the UK both provide 36 days.
• Countries with Limited Paid Leave: Canada, with a typical total of 19 days (10 vacation + 9 holidays), is among the countries with the least time off. This is ahead of Mexico (13 days) but far behind countries like Spain (36 days) and Finland (35 days).
• The United States: The U.S. is the only OECD country with no federally mandated paid vacation or holidays, leaving it entirely up to employers.

Source: https://on.bluecross.ca/travel-insurance/travel-tips/vacation-days-comparison-countries

For more details on job-protected leaves in your region, see the following:

• Leave of Absence in Alberta
• Leave of Absence in British Columbia
• Leave of Absence in Ontario
• Leave of Absence in New Brunswick
• Leave of Absence in Quebec
• Leave of Absence in Yukon
• Leave of Absence in Nova Scotia
• Leave of Absence in Saskatchewan

Navigating leave protections and upholding your rights during time off can prove challenging. This guide offered an extensive look at key leave of absence available in Canada, from eligibility rules to pay entitlements and reinstatement safeguards.

Following proper protocols for requesting leaves, providing documentation, and keeping your employer updated on changes is vital for smooth leave management. While unpaid leaves present financial hurdles, maintaining job security and benefits provides critical support.

Canada still trails many developed nations in minimum paid vacation and leave allotments. However, notable progress has been made by introducing paid personal emergency leave and paid medical leave. There may be room to further expand paid protections to assist employees in balancing work and caregiving demands.

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Article Sources

• Annual vacations and general holidays for employees – canada.ca