Know The Laws of Your Province—Click Thru Version: Unpaid Leave for Crime-Related Child Death or Disappearance

0
43

A. Eligibility for Crime-Related Child Disappearance and Death Leave by Jurisdiction

Employees are eligible for unpaid crime-related child death or disappearance leave if they have:

Federal: At least 6 consecutive months of continuous employment with the employer;

Alberta: At least 90 days of employment with the same employer;

Manitoba: At least 30 days of employment with the employer;

New Brunswick: No minimum service requirement specified;

Newfoundland/Labrador: At least 30 days of employment with the same employer;

Nova Scotia: At least 3 months of employment with the employer;

Ontario: At least 6 consecutive months of employment with the employer;

Prince Edward Island: At least 3 continuous months of employment with the employer;

Québec: At least 3 months of employment with the same employer;

Saskatchewan: More than 13 consecutive weeks of service with the same employer;

Yukon: At least 6 months of continuous employment with the same employer.

 

B. Required Employee Notification of Early Return from Leave by Jurisdiction

Employees returning early from leave due to the crime-related death or disappearance of a child, i.e., wishing to return earlier than the return date they originally listed when notifying the employer of taking the leave, must:

Federal: Notify the employer in writing as soon as possible;

Alberta: Provide at least 48 hours’ written notice unless the parties agree otherwise;

Manitoba: Notify the employer in writing within one pay period unless the parties agree otherwise;

New Brunswick: Notify the employer in writing as soon as possible;

Newfoundland/Labrador: Notify the employer in writing within 2 weeks unless there’s a valid reason why such notice can’t be given;

Nova Scotia: Provide at least 14 days’ written notice unless the parties agree otherwise;

Ontario: Provide at least 4 weeks’ written notice unless the parties agree otherwise in writing;

Prince Edward Island: Notify the employer in writing as soon as possible;

Québec: Notify the employer in writing as soon as possible;

Saskatchewan: Notify the employer in writing as soon as possible; and

Yukon: Notify the employer in writing as soon as possible.

 

C. Rules for Benefits Accrual during Crime-Related Child Disappearance and Death Leave by Jurisdiction

Federal: Pension, health and disability benefits and seniority continue to accrue during leave;

Alberta: No accrual during leave—employer’s duty to reinstate at seniority and benefits that had accrued before leave started;

Manitoba: Benefits and vacation accrue during leave;

New Brunswick: Seniority accrues but employer’s duty to reinstate only at pre-leave benefits;

Newfoundland/Labrador: Benefits and vacation don’t accrue during leave;

Nova Scotia: No accrual during leave—employer’s duty to reinstate at seniority and benefits that had accrued before leave started;

Ontario: Leave time counts toward seniority and rights under employment contract or collective agreement and employees entitled to wage increases they’d have gotten if not on leave;

Prince Edward Island: Benefits and wage increases accrue during leave but seniority doesn’t;

Québec: Employees must be reinstated at no less than pre-leave benefits including wages to which they’d have been entitled had they not taken leave;

Saskatchewan: Benefits, vacation, seniority and recall rights accrue during leave;

Yukon: Benefits and seniority accrue during leave.