PURPOSE

[Company Name] (“the Company”) recognizes that employees may need time away from work for personal or family-related matters, health issues, or other situations not covered by specific statutory leave provisions. This Policy provides a general framework for leaves of absence, outlining eligibility, application processes, and the protections afforded to employees, while complying with applicable federal, provincial, or territorial legislation.

SCOPE

This Policy applies to all full-time, part-time, contract, and casual employees of the Company who are covered by the employment standards legislation in their province/territory of work or by the Canada Labour Code if they are federally regulated. In the event of a conflict between this Policy and local legislation, the greater right or benefit to the employee will apply.

DEFINITIONS

• “Leave of Absence”: A period of approved absence from work—either paid or unpaid—granted at the discretion of the Company or in accordance with statutory requirements.
• “Paid Leave”: A leave where the employee continues to receive wages or salary, such as vacation or certain employer-sponsored leaves.
• “Unpaid Leave”: A leave where the employee does not receive wages during the period of absence but retains certain job protections and benefits, if applicable.

ELIGIBILITY

Employees may qualify for a general leave of absence if they:

1. Have been employed by the Company for the minimum length of service, if any, required by applicable legislation or Company policy.
2. Require time away from work for reasons not already covered by another specific leave policy (e.g., maternity/parental leave, bereavement leave, family caregiver leave).
3. Comply with any notice or documentation requirements set out in this Policy and by law.

LENGTH OF LEAVE

• The duration of a general leave of absence will be determined on a case-by-case basis, taking into account the employee’s needs, operational requirements, and any statutory obligations.
• The Company reserves the right to set a maximum leave duration or extend a leave if circumstances warrant, subject to legislative requirements and operational feasibility.

APPLICATION & NOTICE REQUIREMENTS

1. Notice: Employees must submit a written request for a leave of absence to [HR Department or Supervisor] as soon as reasonably practicable. The request should include the reason for the leave, anticipated start date, and expected return-to-work date.
2. Documentation:

• The Company may require supporting documentation (e.g., a medical note or other relevant information), but only if it is lawful and reasonable to do so and consistent with privacy obligations.
• Any medical or personal documentation will be handled confidentially.

JOB PROTECTION

1. Reinstatement: Employees returning from an approved general leave of absence will be returned to the same or a comparable position, subject to any changes that would have occurred had they continued working.
2. Protection from Discipline: Employees will not be penalized, disciplined, or terminated for requesting or taking an approved leave of absence in accordance with this Policy and the law.

CONTINUATION OF BENEFITS

• During an approved leave, the continuation of health and other benefits may depend on Company policy, collective agreements, and the requirements of applicable legislation.
• Employees may be responsible for paying their share of any required benefit premiums if they wish to maintain coverage during the leave, if permitted by law.
• Pension or retirement contributions will follow the terms of the pension plan and any legislative requirements.

RETURN TO WORK

1. Notification: Employees must provide reasonable notice before their return date if it differs from the original plan.
2. Position and Compensation: The Company will reinstate the employee to the same or a comparable role with the same pay and benefits, subject to any lawful or policy-based adjustments.
3. Accommodation: If the employee requires accommodation upon return (e.g., modified hours or duties), the Company will work with the employee to determine reasonable accommodations, in compliance with human rights legislation.

CONFIDENTIALITY

All personal and medical information provided in connection with a leave of absence will be treated as confidential, used only for the purpose of administering the leave, and stored securely in compliance with privacy legislation.

NON-RETALIATION

The Company strictly prohibits retaliation against any employee who requests or takes a general leave of absence. An employee’s job status, benefits, or future opportunities with the Company will not be jeopardized because they exercised this right.

POLICY ADMINISTRATION

The [HR Department/Designated Manager] is responsible for:

• Administering this Policy consistently.
• Staying informed about legislative changes and updating the Policy accordingly.
• Handling questions about eligibility or administration of leaves.

[Company Name]

Effective Date: [Insert Date]

Authorized by: [Name, Title]

Date: [Signature Date]

How to Use This Template

1. Adapt and Customize: Tailor the policy language to your organization’s specific procedures and any provincial/territorial or federal requirements that may affect general leaves.
2. Review with Legal Counsel: Confirm that the policy complies with applicable employment standards, human rights, and privacy laws.
3. Communicate to Employees: Publish the final policy in an accessible format (e.g., employee handbook, intranet) and ensure managers are trained on its contents.

Table of Jurisdictional Differences

Legislation regarding general leaves of absence may vary across provinces/territories, particularly regarding eligibility criteria, duration, and notice requirements. Below is a summary of potential differences. Always consult current employment standards legislation for precise requirements.