Job Protection Legislation

Since 2012, all federal, provincial and territorial governments have adopted some form of job-protection legislation for reservists. This means that for all industries in Canada, there is a legislated point-of-reference that can help manage reservists’ requests for leave from their civilian employment due to military duties. 

Legislated provisions on military leave:

• Provide a useful point-of-reference when discussing or developing organizations’ military leave policies.
• Ensure that employers of reservists have clarity about the circumstances and processes surrounding military leave.
• Protect reservists’ civilian employment after they return from military duties.

What Is Job Protection Legislation for Reservists?

All employees in Canada are covered by federal, provincial or territorial labour codes, depending on which sector they work in. Each labour code includes provisions regarding military leave for reservists.

No two pieces of job-protection legislation across the country are the same; there are variances among all of them.

There are nevertheless similarities in the legislation across jurisdictions, and legislation can outline standards on topics such as:

• Minimum employment period before being eligible for military leave
• Reason for leave (e.g., training and operations)
• Notice period and documentation required to request military leave
• Length of the leave and restrictions on the number of leave requests
• Circumstances regarding the employee’s return to work
• Exceptions

Job-protection legislation for reservists cannot replace the goodwill that employers and educational institutions regularly demonstrate toward Canada’s Reserve Force. This is why the Canadian Armed Forces recommends that reservists be open with their civilian employers about their military commitments, and build trust and understanding through regular communication.

I Am An Employer of a Reservist: What Should I Know About the Legislation?

As an employer of an employee-reservist, you need to know what federal, provincial or territorial labour code applies to you and your business, and what that standards are outlined in the legislation regarding military leave.

Of course, when you approve a request for military leave, you can offer leave conditions that go above what is required in the legislation (e.g., extending certain benefits; providing paid or partially paid leave), so long as the minimum standards are met.

In return for your support and flexibility in granting military leave, we believe your organization will benefit by having on its staff a loyal and well-trained employee-reservist with a strong work ethic and transferable skills. This is the value that Reserve service brings to the civilian workplace.

I Am a Reservist: What Are My Responsibilities?

As a reservist, you are responsible for managing your civilian and military careers, and for setting the conditions that will enable you to grow in both.

It is true that legislation, or your employer’s military-leave policy, can help facilitate military leave and protect your civilian job while you are away on military duties. That said, it is in your interest to maintain a positive rapport with your employer or educational institution. This will go a long way in helping you before, during and after your military leave.

To help position you for success in asking for military leave, we recommend that you:

• Be open about your military commitments with your civilian employer or educator. Let them know that you are a reservist and tell them about what you do, so they are not caught by surprise when you approach them with a request for military leave.
• Maintain good communication with your civilian employer or educator.
• Become familiar with the military-leave policy (if one exists) of your employer or academic institution. If you are part of a union, there may be a military-leave clause in your collective agreement.
• Comply with any requirement set out in the applicable military-leave policy or legislation when requesting leave (e.g., providing substantiating documentation such as a letter from your chain-of-command).
• Provide as much notice as possible when requesting leave.
• Use common sense when asking for leave: most employers will try to accommodate reasonable requests. For example, if you are in a new position, it may not be fair to your employer if you request an extended leave for a military deployment; maybe wait a while before asking for military leave.
• Send your employer or educator an update during your military duty. They will appreciate hearing about your experience.
• Thank your employer or educator for their support to your military commitments. You can write a letter, or request one from your chain-of-command. You can also consider nominating your employer or educator for recognition through the Canadian Armed Forces Employer Support Recognition Program.

Job-protection legislation for reservists cannot replace the goodwill that employers and educational institutions regularly demonstrate toward Canada’s Reserve Force. This is why the Canadian Armed Forces recommends that reservists be open with their civilian employers about their military commitments, and build trust and understanding through regular communication.

Federal and Provincial Legislation

• Canada Labour Code (R.S., 1985, c. L-2)
• British Columbia – The Employment Standards Act, R.S.B.C. 1996 (Section 52.2)
• Alberta – Employment Standards Code (Division 7.1)
• Saskatchewan – Labour Standards Act (Section 80.1)
• Manitoba – The Employment Standards Code (Section 59.5(2))
• Ontario – Employment Standards Act, 2000 (Section 50.2)
• Quebec – An Act Respecting Labour Standards (Section 81.17.1.)
• New Brunswick – Employment Standards Act (Section 44.031)
• Nova Scotia – Labour Standards Code (Section 60H (1))
• Prince Edward Island – Employment Standards Act (Section 23.1)
• Newfoundland and Labrador – Labour Standards Act (Part VII .4)
• Northwest Territories – Employment Standards Act Section 32.1)
• Yukon – Labour Standards Act (Section 60.2)

I Have Further Questions About Job-Protection Legislation

If you have additional questions, please contact the Employer Support Liaison Officer in your area.