Section VII of part III of the Canada Labour Code provides for personal leave.
The following paragraphs are intended to answer any questions that employers and employees under federal jurisdiction may ask on the topic. Publication 1 of this series describes the types of businesses that are therefore subject to the Code.
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1. Rights outlined in the Code under personal leave
Employees have the right to a leave of no more than five days per calendar year to heal from an injury or illness, take care of health obligations for any member of their family or care for them, take care of obligations related to the education of any family member under age 18, manage any urgent situation that concerns them or a family member, attend their citizenship ceremony under the Citizenship Act, or manage any other situation prescribed by regulation.
2. Conditions for paid leave
If the employee has worked for the employer without interruption for at least three months, the first three days of leave are paid at the regular rate of pay for a normal work day and such paid leave shall be considered wages. Employees who have worked fewer than three months without interruption for the same employer have the right to unpaid leave.
Employees whose salary varies from one day to another or who is paid on a basis other than an hourly rate must receive the average of their daily earnings exclusive of overtime hours for the 20 days the employee has worked immediately preceding the first day of leave.
3. Leave taken over more than one period
The leave may be taken in one or more periods; the employer may, however, require that each period be at least one day.
4. Employer’s request for the employee to provide supporting documents concerning the reasons for the leave
The employer may, in writing, no later than 15 days after the employee’s return to work, ask them to provide supporting documents concerning the reasons for the leave. The employee is only required to provide such documents if it is possible in practice to obtain and provide them.
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