Canada Employment Law

Eligibility

Every employee who has been in the continuous employment of an employer for a period of 12 consecutive months beginning from the date of the employment or for a calendar year or any other year determined by the employer are eligible for an annual vacation with pay.

Annual Vacation with pay

Eligible employees are entitled to vacation with pay for:

• • • at least 2 weeks, in case of completion of one year of employment;
    • at least 3 weeks, in case of completion of at least 5 consecutive years of employment with the same employer;
    • at least 4 weeks, in case of completion of at least 10 consecutive years of employment with the same employer.

Calculation of Vacation Pay

An employee is entitled to annual vacation with pay in an amount equal to:

• • • • 4% of their wages during the year of employment in respect of which they are entitled to vacation;
      • 6% of their wages during the year of employment in respect of which they are entitled to vacation, in case of completion of at least 5 consecutive years of employment with the same employer;
      • 8% of their wages during the year of employment in respect of which they are entitled to vacation, in case of completion of at least 10 consecutive years of employment with the same employer.

Entitlement to vacation in one or more periods

Employees shall take an annual vacation in one period unless otherwise agreed with the employer to be taken in more than one period.

Granting Vacation with pay

An employer shall grant vacation to employees in the below manner:

• • • • • shall grant the vacation with pay to which an employee is entitled which shall begin no later than 10 months immediately following the completion of the year of employment;
        • shall pay to the employee at any time
          • • if the vacation is taken in one period, the vacation pay to which the employee is entitled to;
            • if the vacation is taken in more than one period, the proportion of vacation pays for each period.

General Holiday during Vacation

If one or more general holidays occur during an employee’s vacation, such vacation shall be extended by one day for each such general holiday and the employees are entitled in addition to the vacation pay the wages to which the employee is eligible for those general holidays.

Termination of employment during the year

In case of termination, the employer shall pay to the employee within 30 days after the day on which termination took place:

• • • • • • any vacation pay owed to the employee with respect to any prior completed year of employment;
          • the applicable percentage of the wages of the employee during any part of the completed portion of their year of employment in respect of which vacation pay has not been paid to them.

Canada Labour Code RSC 1985, § 183 – 190

Effective April 1, 2022, the federal minimum wage in Canada is $15. 55 per hour.

Exceptions to application of employment standards provisions to certain types of employees:

Information technology professionals and business consultants in Ontario are exempt from the hours of work, eating period, and overtime pay provisions in the ESA. In British Columbia, a high technology professional is exempt from almost all of the minimum standards relating to hours of work and overtime, as well as from those concerning statutory holidays. In Alberta, an information systems professional is exempt from minimum standards relating to hours of work and overtime. In Nova Scotia, information technology professionals are exempt from overtime pay requirements.

*While the definitions of IT professionals are similar in the employment standards legislation in these provinces, they are not identical.

All employees, including part-time, casual and fixed-term employees are eligible for paid medical leave. Employees may use the paid medical leave if the employee needs to take time off work due to the employee’s own personal illness or injury, organ or tissue donation, a medical appointment during working hours or quarantine.

Employers may only ask for a medical certificate if the employee is absent on a paid medical leave for 5 days or more in a row. Employers must make such a request in writing, no more than 15 days after the employee’s return to work.

Carry Over – The accrued but unused paid leave days can be carried over to January 1 of the following year. But the maximum number of leave days that the employee can earn during the subsequent calendar year will be reduced in equal measure, such that in no year does the employee’s paid medical leave entitlement exceed 10 days.

Pay – When an employee takes a paid medical leave day, the employee should receive their regular rate of wages for normal hours worked.

An employer has the right to request in writing that an employee furnish a medical certificate for any period of paid or unpaid medical leave that lasts at least 5 consecutive days within 15 days of the employee’s return to work.

Recording Requirements – Employers must keep the following records related to each period of medical leave with pay:

• • • the dates of commencement and termination of the leave;
    • the year of employment in respect of which the leave was earned;
    • the number of days of leave carried over from the previous year;
    • a copy of any written request for a medical certificate made by an employer; and
    • a copy of any medical certificate submitted by an employee.

A woman employee is entitled to an unpaid leave of up to 17 weeks, which begins 13 weeks before the expected date of delivery, and ends 17 weeks after the actual delivery date. If the delivery has not occurred during the 17 weeks period, the leave is extended until the day of the birth of the child.

If the child born is hospitalized during the period of 17 weeks following the date of delivery the period of leave is extended by the number of weeks during which the child is hospitalized. Such extension shall not exceed a period of 52 weeks. Canada Labour Code RSC 1985, § 204 – 206.

An employee is entitled to unpaid leave for up to 27 weeks as a result of:

• • • • • personal injury or illness;
        • organ or tissue donation;
        • medical appointments during working hours.
        • quarantine leave

Canada Labour Code RSC 1985, § 239.

An employee is entitled to unpaid leave up to 63 weeks of unpaid leave to care for a newborn child of the employee or a child who is in care of the employee for the purpose of adoption.

Parents may share parental leave in order to access an additional 8 weeks of leave. Parents who share parental leave have access to 71 weeks of parental leave. They can take this leave any time during:

• • • • • • • the 78-week period starting the day the child is born, or
            • the day the child comes into their care.

Female employees who have given birth can take both maternity and parental leave. However, they are only eligible for 1 period of time for each type of leave. If they choose to take parental leave, they must do so in 1 continuous period of time without interruption from periods of work.

The combined maternity and parental leaves for one parent cannot exceed 78 weeks. Parents who share parental leave have access to a combined 86 weeks of maternity and parental leave. Employees can only share parental leave.

Extension of Period

If the child is hospitalized during the 78-week period, the leave is extended by the number of weeks during which the child is hospitalized.

Regardless of the duration of the hospitalization:

• • • • • maternity leave must end no more than 52 weeks after the date of delivery, and
        • parental leave must end no later than 104 weeks after the day on which the child is born or comes into the employee’s actual care.

Canada Labour Code, § 206.1 – 206.2.

An employee is entitled to unpaid leave up to 28 weeks to provide care or support to a family member if a medical certificate states that the family member has a serious medical condition with a significant risk of death within 26 weeks from the day certificate is issued, or the day leave was commenced in case of non-issuance of the medical certificate.

Period When leave may be Taken

The leave shall only be taken during the period:

• • • • • that starts with the first day of the week in which the certificate is issued, or in case of non-issuance of the medical certificate, the first day of the week in which the leave was commenced; and
        • ends with the last day of the week in which either of the following occurs the family member dies,  the period of 52 weeks following the first day of the week from the day leave began.

Aggregate Leave 

The aggregate amount of leave that may be taken by two or more employees in respect of the care or support of the same family member shall not exceed 28 weeks. Canada Labour Code RSC 1985, § 206.3.

An employee who is a family member of a critically ill child is entitled to unpaid leave up to 37 weeks to provide care and support to the child. An employee who is a family member of a critically ill adult is entitled to unpaid leave for up to 17 weeks to provide care and support to the child.

Period when leave may be Taken

The period during which the employee may take leave:

• • • • • begins on the first day of the week in which either of the following falls:
          • • the day on which the first certificate is issued in respect of the child or adult, as the case may be;
            • if the leave begins before the day on which the certificate is issued, the day from which the medical certificate indicates that the child or adult, as applicable, is critically ill; and
        • ends on the last day of the week in which either of the following occurs:
          • • the child or adult dies, or
            • the expiry of 52 weeks following the first day of the week from the day leave began.

Aggregate Leave

The aggregate amount of leave that may be taken by employees shall not exceed:

• • • • • in respect of the same critically ill child, 37 weeks; or
        • in respect of the same critically ill adult, 17 weeks.

Canada Labour Code RSC 1985, § 206.4.

An employee whose child is under 25 years of age and has disappeared or died as a result of a probable crime under is eligible to take up to:

• • • • • 104 weeks of leave in the case of a missing child, starting on the day the disappearance occurs, and
        • 104 weeks of leave if the child has died, starting on the day the death occurs.

An employee is not eligible for this leave if:

• • • • • • The child was 14 years of age or older at the time of the crime and it is probable, considering the circumstances, that the child was a party to the crime, or
          • The employee is charged with the crime.

The period when leave may be taken

In case of death of a child:

This leave starts on the day the child is found deceased and ends 104 weeks after that day (assuming that the death was the result of a probable crime). If a child is found to have died as a result of a probable crime more than 104 weeks after the child’s disappearance (after the employee’s entitlement to the leave, related to the disappearance, has ended), in this case, the employee is entitled to the 104 weeks leave relating to the death of a child.

However, if the child’s body is found after they have already established the death and the employee has taken a leave related to the death of a child, in such a case, the employee will not be entitled to a new leave.

In case of the disappearance of a child:

If a child who disappeared is found, then the leave of absence ends 14 days after the day on which the child is found. However, if the child is found during the 104-week period, the leave must end no later than the end of the 104-week period. Canada Labour Code, § 206.5.

An employee is entitled to leave up to 5 days of leave in every calendar year for:

• • • • • • • • treating their illness or injury;
              • carrying out responsibilities related to health or care of any of their family members;
              • carrying out responsibilities related to the education of any of their family members who are under 18 years of age;
              • addressing any urgent matter concerning themselves or their family members;
              • attending their citizenship ceremony;
              • any other reason prescribed by regulation.

Leave with Pay

An employee who has been in continuous employment for 3 consecutive months with the employer is entitled to 3 days of leave with pay at the rate of wages for their normal hours of work.

Division of Leave

Such leave may be taken in one or more periods. The employer may require that each period of leave shall not be less than one day’s duration. Canada Labour Code RSC 1985, § 206.6.

An employee is entitled to leave up to 10 days in the event of the death of a member of their immediate family. Such leave begins on the day on which the death occurs and ends 6 weeks after the latest of the days on which any funeral, burial or memorial service of that immediate family member occurs.

Employees who have been in continuous employment for a period of consecutive 3 months with the employer are entitled to the first 3 days of the leave with pay at their regular rate of wages for their normal hours of work. Canada Labour Code RSC 1985, § 210.

An employee who is a victim of family violence or who is a parent of a child who is a victim of family violence is entitled to unpaid leave for up to 10 days in every calendar year in respect of such violence.

An employee who has been in continuous employment for 3 months is entitled to the first 5 days of the leave with pay at their regular wages for their normal work hours. The leave may be taken in one or more periods. The employer may require each period of leave to be not of less than one day’s duration. Canada Labour Code RSC 1985, § 206.7.

Employers under federal jurisdiction are required to give unpaid leaves of absence to employees with at least three months’ service who are reservists in the Canadian Armed Forces for purposes of annual training or to take part in activities in Canada or abroad. Leave must also be granted to allow such employees to recover from any physical or mental health problem resulting from the training or deployment. Canada Labor Code, § 247.5.

An employee who is an Aboriginal person and who has completed 3 consecutive months of continuous employment with an employer is entitled to unpaid leave for up to 5 days in every calendar year. The leave may be taken in one or more periods. The employer may require each period of leave to be not of less than one day’s duration. Canada Labour Code RSC 1985, § 206.8

An employee who has been in continuous employment with an employer for 3 consecutive months or a shorter period as may have been prescribed for any particular class of employees and is a member of the reserve force shall be granted unpaid leave to take part in any Canadian Armed Forces or activities set out in the regulations etc.

Amount of Leave

An employee who has taken leave for the purpose of an operation in Canada or abroad designated by the Minister of National Defence, an activity set out in the regulations, Canadian Armed Forces military skills training and training that employee is ordered to take under the National Defence Act shall not be more than an aggregate of 24 months in any 60 month period. Canada Labour Code RSC 1985, § 247.5.

An employee is entitled to unpaid leave to attend court to act as a witness, juror or participate in a jury selection process. Canada Labour Code RSC 1985, § 206.9.