Reasonably practicable - Leaves - IPG-098

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• Subject
• Issue
• Interpretation
• Example

Subject

This Interpretation, Policy and Guideline (IPG) intends to define the expression "reasonably practicable" in sections 206.6, 206.7 and 206.8 within the meaning of Division VII of Part III of the Canada Labour Code (Code).

Issue

The following provisions have been added to the Code:

• personal leave – 206.6
• leave for Victims of Family Violence – 206.7
• leave for Traditional Aboriginal Practices – 206.8

Note: “employees” also includes “interns”. Student interns are subject to the interpretation of this IPG.

There is a need to ensure a consistent interpretation and application of the expression "reasonably practicable" at the national level. This IPG addresses the following:

• the meaning of expression "reasonably practicable"
• the application of this expression as it applies to different types of employees

Interpretation

"Reasonably practicable" refers to what can be accomplished or done by the employee to carry out their obligation to their employer. This is in consideration of the investment required, such as time, cost and effort.

This expression is generally used in law to qualify an employee's obligation in a given situation. This implies that factors other than the ability to produce can be considered when determining what is not only possible, but also what is appropriate or rational, considering the context surrounding the absence. For example, the practice of a police force may no longer be to provide a copy of the police report to victims of domestic violence, unless they first initiate costly and complex legal procedures to obtain it. Therefore, in this situation, it would not be reasonably practicable for an employee to provide supporting documentation.

What is reasonably practicable in one case may be entirely different when it comes to meeting an obligation in another case.

The criteria that can be taken into consideration include, but are not limited to the:

• feasibility
• reasonableness of the effort required
• time
• additional costs to the employee
• practice

In certain situations, it is not reasonably practical for an employee to provide the documentation required by the employer. In these situations, they may then provide a handwritten and signed statement to attest to the circumstances that led to the employee's absence.

Example

Last week, Marie took time off work because of her retired mother's health. She took 5 days of personal leave to take care of her mother, who was on bed rest following knee surgery. When she returned to work the following week, her employer asked her to provide supporting documents regarding the reasons for her leave:

• the employee should be able to obtain a certificate from the surgeon. The certificate should state that her mother would not be mobile for a specified period of time following her operation.
• the employee's mother may have reluctance to provide personal information to a third party (the employer in this case). It will therefore be difficult for the employee to provide the documentation required by her employer. In this situation, the employee could waive her obligation by providing the employer with a written and signed statement attesting to the facts related to her absence.