DATE: March 8, 2004
Compassionate Care Leave
This supersedes the bulletin issued on December 23, 2003, by the Director,
Pay Administration.
Background
The Canada Labour Code has been amended by adding the compassionate
care leave of absence without pay from employment of up to eight weeks to
provide care or support to a family member of an employee as defined by the Employment
Insurance Act who has a serious medical condition with a significant risk
of death within 26 weeks.
The Employment Insurance Act and Regulations have also been
amended to introduce a new type of Employment Insurance benefits called the
compassionate care benefits. These new benefits came into effect as
of January 4,
2004.
Leave Provision
Presently, collective agreements have neither a provision for the
compassionate care leave or a compassionate allowance.
The Treasury Board Secretariat is, however, instructing organizations
listed in the Public Service Staff Relations Act, Schedule I Part I to
grant leave without pay to employees who wish to apply for these Employment
Insurance benefits.
This leave is to be approved in accordance with the provisions of the "Leave
Without Pay for the Care of Immediate Family" or the "Leave Without Pay
for Long-Term Care of a Parent" articles of the relevant collective
agreement.
If there is no provision for either of these types of leave in the relevant
collective agreement, the period of leave without pay is to be approved in
accordance with the provisions of the "Leave Without Pay for Other Reasons"
article of the relevant collective agreement until otherwise directed by the
Treasury Board Secretariat.
Departmental Compensation and Staff Relations managers should direct any
questions that they may have to their appropriate corporate officials who, if
need be, can contact the Pay Administration Section.
Thomas A. Smith
Director, Pay Administration
Labour Relations & Compensation Operations
Human Resources Management Office
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