Leave of Absence

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The Company grants leaves of absence to eligible employees in accordance with applicable law. Please contact Human Resources with any questions of concerns about leaves of absence.

COMPASSIONATE CARE LEAVE

Each jurisdiction stipulates their definition of family members which may differ from Service Canada.

When requesting compassionate care benefits the applicant must provide a medical certificate as proof that the ill family member needs care of support and is at significant risk of death within 26 weeks.

Upon return from the leave, the employee must be reinstated in their former position, or be given a comparable position in the same wages and benefits, also any increases in wages and benefits they would have received had they not taken the leave.

The employee will be able to collect Employment Insurance (EI) benefits for six weeks if their salary from work has decreased by 40% and there is an accumulation of 600 insurable hours in the last 52 weeks or since the last claim (there is a waiting period of two weeks). The leave may be shared by more than one family member; however, the benefit paid will not be more than the total of six weeks.

Federal:

Qualifying Period: No qualifying period

Eligible family member: child or the child of spouse of common-law partner, wife/husband or common law partner; father/mother, father's wife/mother's husband; the common law partner of father/mother; brothers or sisters and stepbrothers and stepsisters; grandparents and step grandparents; grandchildren and their spouses or common law partners; son-in-law and daughter-in-law, either married or common law; father-in-law and mother-in-law, either married or common law, brother-in-law and sister-in-law either married or common law; uncle and aunt and their spouses or common law partners; nephew and niece and their spouse or common-law partners; current or former foster parents; current or former foster children and their spouse or common-law partner; current r former wards or current of former guardians or tutors and their spouses or common-law partner.

Alberta:

No legislation, follow Federal guideline

New Brunswick:

The Employment Standards Act will provide employees with up to eight unpaid weeks of compassionate care leave to care for or support a seriously ill person with whom the employee has a close family relationship.

Close family relationship is defined as:

• • Spouses

  • Parents, grandparents, siblings, in-laws, common-law spouses and grandchildren; or

  • A relationship between persons who, though not married to one another and whether or not a blood relationship exists, demonstrate an intention to extend to one another the mutual affection and support normally associated with those relationships first mentioned.

To be eligible for compassionate care leave, a qualified medical practitioner must issue a certificate stating that the eligible family member has a serious medical condition with a significant risk of death within 26 weeks. The employee must provide a copy of the certificate to the employer if the employer makes a request in writing to see the document. The employee must provide it within 15 days after the employee returns to work for the following the leave.

The employer should be notified as soon as possible of an employee's intention to take the leave; the anticipated commencement date of the leave; and the anticipated duration of the leave.

The employer should be notified as soon as possible of an employee's intention to take the leave; the anticipated commencement date of the leave; and the anticipated duration of the leave.

The leave must be taken in periods of not less than one week and ends if the family member dies. The leave period with respect to a single family member may be shared between different employees. However, the total amount of leave shared among family members with respect to the same ill family member cannot exceed eight weeks.

Reinstatement and seniority are the same as those under maternity/paternal leave.

Substitution of PLT: Generally, FMLA leave is unpaid leave. However, to the extent that you have accrued PLT, it will be substituted for any portion of unpaid leave.

FAMILY RESPONSIBILITY/CRISIS LEAVE

In certain jurisdictions, legislation exists to provide for employees who need to deal with family responsibilities for their immediate and, in some jurisdictions, extended family members. The definition of immediate family and extended family members can differ by jurisdiction; however in all cases, the leave is unpaid. Quebec also legislate leaves for a criminal offence or suicide.

Alberta:

Does not currently have any legislation regarding leave for family responsibility/crisis.

New Brunswick:

An employee is entitled to to up to three unpaid days' leave annually to meet responsibilities related to the care, health, or education of a close family relation to the employee.

Close family relationship is defined as:

• • Spouses, parents, grandparents, siblings, in-laws, common law spouses and grandchildren or a relationship between persons who, tough not married to one another and whether or not a blood relationship exists, demonstrate an intention to extend to one another the mutual affection and support normally associated with those relationships first mentioned.

An employee who wishes to take this leave must inform the employer of the beginning and end date of the leave.

Substitution of PLT: Generally, FMLA is unpaid leave. However, to the extent that you have accrued PLT, it will be substituted for any unpaid portion of FMLA leave.

JURY DUTY

Each province has a Jury Act or Juries Act which requires that an employee who does not belong to an exempted category be allowed to leave from employment to fulfill jury duty without rear of losing their job. The federal Criminal Code outline the selection and operation of juries, but does not outline exemptions from jury duty or obligations of employers when an employee serves on a jury.

The reasons a potential juror may be exempted from jury duty vary by jurisdiction, but can include:

• • Age (for example, individuals over 65 may be exempt)

  • Individuals in poor health; or

  • Those who have limited ability to speak or understand the language of the court.

Except in Newfoundland and Labrador's Jury Act requires that the employer of a person summoned for the jury service or who is required to attend court as a witness, pay that person the same wages and provide the same benefits during the absence that they would have received if reporting for work.

The New Brunswick and Prince Edward Island Employment Standards Act have legislated court leave for employees who are:

• • Summoned to serve on a jury;

  • Selected to serve on a jury; or

  • Served with summons to attend the hearing of an action; application or proceeding as a witness.

MATERNITY (PREGNANCY), PARENTAL, PATERNAL, ADOPTION AND CHILD CARE LEAVE

Alberta:

Employees who have worked for the same employer for 52 consecutive weeks are entitled to 15 weeks of unpaid maternity leave as well as 37 weeks of unpaid parental leave. Employees must take off at least six weeks after delivery unless they have a medical certificate stating that they are fit for work and the employer agrees. Employees can begin the leave up to 12 weeks before the estimated date of delivery.

Employees have to give the employer six weeks' notice in writing of the day the maternity leave will start, and, if requested by the employer, a medical certificate proving that the employee is pregnant and estimating the date of delivery.

If the pregnancy interferes with the employee's job performance during the 12 weeks before the estimated date if delivery, the employer can give the employee written notice that forces her to start the maternity leave.

The employee must give the employer four weeks' notice before returning to work. Similarly employees who decide not to return to work must give the employer four week's written notice.

After the maternity leave, employers must be reinstated in the same or similar job, at no less pay than before. If the employer has suspended or discontinued business during the maternity leave, the employee must receive priority if the company starts up again in the next twelve months.

Male and female employees who have worked for an employer continuously for 52 weeks are entitled to 37 weeks of unpaid parental leave. Father and/or adoptive parents will be eligible for up to 37 consecutive weeks of unpaid, job-protected parental leave. The leave may be taken by one parent or shared between them but the total leave cannot exceed 37 weeks. Adoptive parents are able to take parental leave regardless of the age of the adopted child. Parental leave can begin at any time after the birth or adoption of the child but must be completed within 52 weeks of the date a baby is born, or an adopted child is place with a parent.

The employee must give the employer at least six weeks' written notice before taking parental leave. The mother taking maternity leave is not required to provide additional notice for parental leave unless the mother only intended on taking the 15 weeks maternity leave. Mothers taking both maternity leave and parental leave must take the leave consecutively.

4 weeks' written notice of the intent to return to work is required, as is a four weeks' written notice that the employee does not intend to return to work.

An employer cannot terminate anyone's employment while they are on maternity or parental leave.

After a parental leave, an employee must receive their old job back, or one that is similar, with at least the same wages and benefits as the previously had. If the employer has suspended or discontinued business during the leave, the employee must receive priority in hiring if the business starts up again within the next 12 months.

New Brunswick:

A pregnant employee is eligible for 17 weeks of maternity leave without pay, beginning any time within 11 weeks of the due date. An employee wanting to take maternity leave must advise her employer four months before the due date, or as soon as the pregnancy is confirmed, and must further confirm the date of the leave two weeks ahead of time, unless there is an emergency. A medical practitioner's certificate will be required.

An employee wanting to take a maternity leave must advise her employer four months before the due date, or as soon as the pregnancy is confirmed, and must further confirm the date of the leave two weeks ahead of time, unless there is an emergency. A medical practitioner's certificate will be required.

An employer can require an employee to begin the leave if there performance of her duties is being adversely affected by her pregnancy and if no alternative duties are available. This leave is in addition to the legislated 17-week period. Employers cannot refuse to hire, dismiss, lay off or suspend any employee as a result of her pregnancy. At the end of the leave, the employee must be allowed to resume work in her previous position or in an equivalent position with no decrease in pay. Seniority continues to accrue during the leave period.

An employee who is the natural parent of a newborn child, or is adopting a child, is eligible for 37 weeks of child care leave without pay. For a natural parent, the employee must give the employer four weeks' written notice of the start date of the leave, unless there is an emergency, and provide a certificate form a medical practitioner specifying the due date. For an adoptive parent, the employee must give the employer four months' notice of the date the child will come into the parent's care, unless there is an emergency. Proof that the adoption has taken or will take place is also required. The leave must be completed by 52 weeks after the date the child came into the employee's care.

An employee who is planning to take the child care leave together with her maternity leave must take the two leave consecutively, unless the baby is hospitalized when the maternity leave ends or the employer and employee otherwise agree. The parents can share child care leave if they are both employees, but the total leave remains at 37 weeks. Seniority and benefits are the same as those under the maternity provision.

RESERVIST LEAVE

Alberta:

Employees with 26 weeks of consecutive employment are eligible for leave. The employee must provide the employer 4 weeks or as soon as practicable notice. The length of the leave is based upon the service being completed. Upon returning from leave the employee must be allowed to resume work in their previous position or in an equivalent position with no decrease in pay. Seniority continues to accrue during the leave period.

Training Leave:

This jurisdiction also provides leave necessary due to training. An employee would be eligible for leave to cover a continuous period of 30 days. The employee must provide the employer 4 weeks of reasonable practicable notice due to the circumstance. Upon returning from leave, the employee must allow to resume work in their previous position or in an equivalent position with no decrease in pay. Seniority continues to accrue during the leave period.

SICK LEAVE

Federal (Canada Labour Code, Part III):

Generally, the CLC provides protection against dismissal, layoff, suspension, demotion, or discipline because of absence resulting from illness or injury. Employees who have completed three consecutive months of employment with the same employer are entitled to sick leave protection for any period of absence without pay for up to 12 weeks. The employee must provide a doctor's certificate within 15 days of returning to work, if asked to do so in writing by the employer.

This protection applies to job security only, and not to payment of salary. However, the employer is required to maintain employee benefit plans for pension, health and disability benefits. The employee is responsible for contributions they would normally make and must pay them within a reasonable time. If the contributions are not made, however, this will not affect the employee's status with the employer, and service is deemed to be continuous with previous service when the employee returns to work. Seniority also continues to accrue during such an absence.

An employee who has suffered a work-related illness or injury is also entitled to sick leave. An employer may not dismiss, lay off, demote, or discipline an employee due to an absence of this type. Employers are required to subscribe to plan that will provide an employee with wage replacement during a work-related illness or injury. Such wage replacement is payable at a rate equal to that provided under the applicable workers' compensation legislation in the employee's province of residence.

Upon the employee's return, they can be reassigned to different duties with different terms and conditions of employment if they are not able to perform the work done before the absence.

The provisions for maintenance of benefits are the same of work-related illness of injury as they are for sick leave.

Alberta:

Rely on employer sick leave policies or general/emergency leave provisions in their legislation to cover individuals who are absent due to illness.

New Brunswick:

An employee with more than 90 days of service with the employer is entitled to sick leave. The leave is five unpaid days annually. The employer may require a medical certificate if the leave is four consecutive calendar days or more of absence. The employer is to be given notice of the commencement and anticipated end of leave.

VOTING

For federal, provincial, or municipal elections, eligible employees must be granted a certain number of consecutive hours while the polls are open in which to vote. Upon request, employers must grant eligible employees time off work in which to vote, with no loss of earnings.

Federal Election:

The Canada Elections Act requires that an employee eligible to vote be accorded 3 consecutive hours while the polls are open in which to vote.

Provincial Election:

The Provincial and Territorial Elections Act legislates that 3 hours in Alberta and New Brunswick.

Municipal Election:

The Municipal Elections Act in Alberta and New Brunswick require 3 consecutive hours for voting.

OTHER TYPES OF LEAVES

There is no legislation in any jurisdiction requiring the employer to grant time off for reasons such as moving, citizenship (except Manitoba), or religious holidays that are not recognized as a statutory holiday, examinations for courses, birthday, or extended maternity/parents leave beyond what is legislated.