5A - Compassionate Care Leave

Addendum - new as of September 2006

Part III of the Canada Labour Code (Labour Standards)

The Canada Labour Code provides for compassionate care leave in Division VII of Part III.

The following questions and answers will be of interest to employers and employees under federal jurisdiction. Pamphlet 1 titled Summary of this series describes the types of businesses covered by the Code. It is available from any Labour Program office of Human Resources and Skills Development Canada and on the HRSDC Web site.

1. What is meant by compassionate care leave?

Employees are entitled to up to 8 weeks of compassionate care leave to provide care and support to a gravely ill family member. A certificate is required from a qualified medical practitioner, stating that the family member has a serious medical condition with a significant risk of death within 26 weeks.

2. Who is entitled to take compassionate care leave?

All employees without exception.

3. Is the employer required to continue wage payments while the employee is absent?

No. The Code provides job security only. There is no provision for paid leave of absence. Some employees, however, may be entitled to cash benefits under the Employment Insurance Act.

Information about eligibility and benefits may be obtained at any local Human Resource Centre of Canada.

4. Who is considered to be a "family member"?

The employee's spouse or common-law partner; the employee's child(ren) or the child(ren) of the employee's spouse or common-law partner; and a parent of the employee or spouse or common-law partner of the parent.

"Common law partner" means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year.

5. Is each family member entitled to 8 weeks of compassionate care leave to care for the same person?

No. However, the entitlement of up to 8 weeks of compassionate care leave may be shared by two or more employees under federal jurisdiction. The total amount of leave that may be taken by two or more employees in regard to the same family member is 8 weeks in the 26 week period.

6. Is a doctor’s certificate required in order to take compassionate care leave?

Yes. If the employer requests in writing a medical certificate within 15 days of an employee’s return to work, the employee must provide one. The certificate must have been issued by a qualified medical practitioner, stating that the family member has a serious medical condition and as a result, there is a significant risk of death within 26 weeks.

7. What happens if the family member is still gravely ill at the end of 26 weeks?

Under such circumstances, an employee is entitled to a further period of up to 8 weeks of compassionate care leave. A qualified medical practitioner would be required to issue another certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks.

8. What happens to the employee’s job upon return from compassionate care leave?

The employee must be reinstated in her or his former position, or be given a comparable position in the same location and with the same wages and benefits.

9. Could an employee ever receive lower pay upon returning to work?

Yes. If, during a leave period, the wages and benefits of a group of employees are reduced as part of a reorganization plan, an employee who is reinstated in that group will receive no more than the wages and benefits that the employee would have received if she or he had been at work during the reorganization.

Likewise, if wages and benefits for the employee’s group are increased during leave, the employee would be entitled to the increases upon return to work.

10. Do pension, health and disability benefits and the seniority of the employee accumulate during leave?

Yes. These benefits continue during the leave period, provided an employee pays any contributions that would normally have been paid. Likewise, the accumulation of seniority continues during the absence.

11. What if an employee chooses not to pay normal contributions related to pension, health and disability benefits for the leave period?

Non-payment of contributions for the leave period has no impact on the employee’s employment status. These benefits may lapse during the leave period, but employment upon reinstatement is considered to be continuous with employment before the leave, for purposes of calculating future benefits.

12. Is the employer required to continue its contributions to the pension, health and disability benefits plan while the employee is on leave?

Yes. The employer must pay at least the same share of contributions as if the employee were not on leave, unless the employee does not pay her or his contributions.

13. Is an employee on leave entitled to receive information about opportunities for employment, training and promotion?

Yes. If the employee has submitted a written request.

14. Can an employer dismiss or lay off an employee because the employee has taken or intends to take compassionate care leave?

No. An employer may not dismiss, suspend, lay off, demote or discipline an employee because the employee has taken or intends to take compassionate care leave. The employer also cannot take this leave into account in any decision to promote or train an employee.

15. When a collective agreement does not provide for compassionate care leave, is the employer still obliged to grant it?

Yes.

This publication is provided for information only. For interpretation and application purposes, please refer to Part III of the Canada Labour Code (Labour Standards), the Canada Labour Standards Regulations, and relevant amendments.

You can order additional copies of this publication, indicating the departmental catalogue number LT-172-01-06, from:

Enquiries Centre
Human Resources and
Skills Development Canada
140 Promenade du Portage
Phase IV, Level 0
Gatineau, Quebec
K1A 0J9

E-mail: publications@hrsdc-rhdcc.gc.ca
Fax: (819) 953-7260
http://www.hrsdc.gc.ca

Cat. No.: HS23-2/5-1-2005
ISBN: 0-662-69523-2

Printed in Canada