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Special Leave
Where can I find information about employment standards for special leave?The condition of special leave is such that the employer-employee relationship remains in effect and the employee is guaranteed the right to return to work.
For purposes of "special leave", immediate family includes spouse, common-law spouse, child, parent, brother or sister of the employee.
For purposes of "special leave", extended family includes grandparent, grandchild, brother-in-law, sister-in-law, mother-in-law, father-in-law, son-in-law or daughter-in-law of the employee.
Bereavement Leave
An employee is entitled to an unpaid leave of absence of up to three consecutive days on the death of a member of the employee’s immediate family.
An employee is entitled to an unpaid leave of absence of one day on the death of a member of the employee’s extended family.
Family Leave
After six months continuous service, an employee is entitled to unpaid leaves of absence of up to three days during a twelve-month period to meet immediate and extended family responsibilities.
Compassionate Care Leave
An employee is entitled to an unpaid leave of absence of up to eight weeks to provide care and support to a member of the immediate family who has been diagnosed with a serious medical condition carrying with it a significant risk of death within 26 weeks.
If the employer requests it in writing, the employee must provide a certificate from a qualified medical practitioner.
This leave must be taken in at least one week intervals. The leave will begin on the first day of the week in which the leave commenced and will end on the last day of the week in which the family member dies or at the end of 26 weeks.
Sick Leave
After six months continuous service with an employer, an employee is entitled to unpaid leaves of absence of up to three days for sick leave during a twelve-month period. If the employee takes three consecutive days, the employer may ask for a medical certificate.
Maternity/Parental/Adoption Leave
The Government of Prince Edward Island brought in new legislation that extends your maternity/parental leave so that you have more time to spend with your child in the first year. Under the new rules, if your child is born on or after December 31, 2000 or if your adopted child is placed with you on or after that date, you are eligible for the new extended benefits.
Changes to the Legislation
- The parental leave was expanded from seventeen weeks to thirty-five weeks.
- The total parental leave for both parents cannot exceed thirty-five weeks.
- Adoption leave was expanded from seventeen to fifty-two weeks. The combined total leave for both parents cannot exceed fifty-two weeks.
- The employer may allow the employee to return to work early if the employee provides the employer with two weeks written notice of the intended date of return.
Amended Legislation
- No employer shall dismiss, lay off or suspend an employee by reason only of the fact that the employee
- is pregnant;
- is temporarily disabled because of pregnancy;
- has applied for maternity leave in accordance with section 19; or
- has applied for parental or adoption leave in accordance with section 22.1992,c.18.s.18.
- Every employee who
- has been in the employment of the employer for a continuous
period of twenty weeks or more;
- at least four weeks before the expected date of commencement of
the leave, submits to the employer, an application for maternity specifying the date
of commencement and the date of termination
of the leave; and
- provides the employer with a certificate of a qualified medical
practitioner certifying that the employee is pregnant and
specifying the estimated date of birth,
shall be granted by the employer maternity leave without pay from
employment with the employer in accordance with section 20.1992,c.18,s.19.
- (1) The maternity leave to which an employee is entitled pursuant to
section 19 shall consist of a period not exceeding seventeen weeks
commencing at any time during the period of eleven weeks immediately
preceding the estimated date of birth.
(2) Notwithstanding subsection (1), where the actual date of birth is later
than the estimated date of birth, the employee is entitled to not less than six
weeks leave after the actual date.
(3) Where the pregnancy of an employee would unreasonably interfere
with the performance of the employee's duties, the employer may require the
employee to commence maternity leave not more than three months prior to
the estimated date of birth.
(4) In any prosecution alleging a violation of subsection (3) the onus shall
be upon the employer to prove that pregnancy of the employee would
unreasonably interfere with the employee's duties.
(5) The employee may return to work and the employer may permit the
employee to return to work at a date earlier than six weeks after the date of
the actual delivery. 1992,c.18,s.20.
- (1) An employer who has granted maternity leave to an employee pursuant
to sections 19 and 20 shall permit the employee to resume work in the
position occupied by the employee at the time such leave commenced or, if
that position no longer exists, in a comparable position with not less than the
same wages and benefits the employee would have received if the employee
had not been granted maternity leave and, in either case, with no loss of
seniority or pension benefits.
(2) For the avoidance of doubt, it is declared that any employer is not
obliged to pay pension benefits in respect of any period of maternity leave
granted to an employee. 1992,c.18.s.21
Parental and Adoption Leave
- (1) Every employee
- who has been in the employment of the employer for a
continuous period of twenty weeks or more;
- who
- becomes the natural mother or father of a child,
- assumes actual care and custody of a child, for the purposes of
adoption, or,
- adopts or obtains legal guardianship of a child under the law of a
province, and
- who, at least four weeks before the expected date of
commencement of the leave, submits to the employer, an
application for parental leave, specifying the date of
commencement and the date of termination of the leave,
is entitled to and shall be granted, parental leave without pay for a continuous
period of up to thirty five weeks.
(2) Notwithstanding subsection (1), in the case of leave pursuant to
subclauses (1)(b)(ii) or (iii), an application for parental leave shall not be
required earlier than the date on which the employee is notified of the
placement of the child and the leave shall be granted without pay consisting
of a continuous period of up to fifty two weeks.
(2.1) Notwithstanding any other provision of this section, the aggregate
amount of leave that may be taken by one or two employees under this
section and section 20 in respect of the same event shall not exceed fifty two
weeks.
(3) Subject to subsection (6), parental leave shall be taken only during the
fifty two week period commencing on the date of the child's birth or the date
on which the child comes into the custody of the employee, whichever is
later.
(4) Section 21 applies, with such modifications as the circumstances
require, to parental, adoption or guardianship leave under this section.
(5) Notwithstanding subsection (1), an employer may accept an
employee's return to work before the expiry of the parental leave granted
provided that the employee gives the employer 2 weeks written notice of
proposed return date.
(6) Where an employee intends to take parental leave in addition to
maternity leave, the employee must commence the parental leave
immediately on expiry of the maternity leave without a return to work after
expiry of the maternity leave and before commencement of the parental
leave, unless the employee and the employer otherwise agree. 1992,c.18,s.23
(7) This section does not apply to a person acting as a foster parent to a
child.
- (1) Subject to subsection (2), this Act is deemed to come into force on
December 31, 2000.
(2) This Act does not apply to any event, that occurred prior to December
31, 2000, for which a person would be entitled to take maternity or parental
leave.
The
Guide to Employment Standards is available online as a
PDF document.
Charlottetown
J. Elmer Blanchard Building
Yeo, Robert (Chief Labour Standards Officer)
