Bereavement          Holidays           Vacation Leave

Parental Leave           Medical Leave           Civic Duties

Disclaimer: The information contained herein is intended for general informational purposes only and does not constitute legal advice or an opinion on any issue.  Users are advised to seek legal advice from their legal counsel prior to taking (or omitting to take) any action based on the information contained herein.  While we periodically review and update the information contained herein, we do not warrant or guarantee the quality, accuracy or completeness of any information contained herein and the information should not be relied upon as accurate, timely or fit for any particular purpose. This information was constructed on October 15th 2018.

Introduction

In this section we’ve gathered information on Canadian Civic Duty leave regulations which include the following:

  • Voting leave
  • Citizenship Ceremony Leave
  • Reservist duties
  • Running for public office (Saskatchewan only).

Not all apply to each province, select the province you are searching for in the left-hand side and scroll down to find the different regulations.

Are federally regulated employees entitled to leave related to their civic duties?

Reservist leave

An employee is allowed to take a leave of absence without pay from their civilian employment to take part in annual training or in certain military operations in Canada or abroad that are designated by the Minister of National Defence. This leave is also available if they are required to train or to report for duty under the National Defence Act.

For general information, please consult Reservist leave (Publication 15 - Labour standards).

For general information on Reservist leave please visit Canadian Forces Liaison Council.

Are provincially regulated Employees entitled to jury duty leave/court leave?

 British Columbia

An employee who is required to attend court as a juror is considered to be on unpaid leave for the period of the jury duty.

Employment considered continuous

If an employee is on jury duty, employment is considered continuous for the purposes of calculating annual vacation and termination entitlements, as well as for pension, medical or other plans of benefit to the employee.

The employee is entitled to all increases in wages and benefits that the employee would have received if not on leave.

New Brunswick

Must an employer give a leave of absence where an employee is summoned to serve on a jury or to act as a witness?

Yes, where an employee is summoned or selected to serve on a jury or to act as a witness in a court proceeding, the employer must give the employee a leave of absence without pay for the period of time the employee is absent from work for this purpose.

Nova Scotia

Employees can take unpaid leave if they must serve on a jury or the court says that they must appear as a witness. They must give their employer as much notice as possible that they will take court leave.

Prince Edward Island

Can I get unpaid leave to serve on a jury or court?

Employees can take unpaid leave if they must serve on a jury or the court says that they must appear as a witness.   An unpaid leave of absence must be granted to an employee as a result of being summoned or selected to serve on a jury or required to attend as a witness at a hearing, application or proceeding.

Northwest Territories

An employee is entitled to be paid holiday pay while on

  • bereavement leave
  • sick leave; or
  • court leave not exceeding 10 days

An employee is entitled to court leave, without pay, to

  • answer a summons for selection to serve on a jury;
  • serve on a jury; or
  • answer a summons to attend as a witness in a legal proceeding.

The period of court leave to which an employee is entitled is whatever period is required to perform the duties

If an employee is granted court leave with pay, the employee shall, on request from the employer, reimburse the employer the amount of any jury fee or witness fee the employee receives, excluding any amount for travel, meals or accommodation expenses.

Are provincially regulated Employees entitled to time off for voting?

As per the Canada Elections Act [Part 8], eligible electors must have three consecutive hours to cast their vote on election day. If the Employee’s hours of work do not allow for three consecutive hours to vote, the Employer must give you time off.

The Employer will decide when the time off will be given in the day.

However, for employers in the transportation industry, the obligation to provide three consecutive hours off to vote does not apply if these four conditions are met:

  • the employer is a company that transports goods or passengers by land, air or water
  • the employee is employed outside his or her polling division
  • the employee is employed in the operation of a means of transportation, and
  • the time off cannot be allowed without interfering with the transportation service

Employers cannot impose a penalty or deduct pay from an employee who is taking time off to vote is required by the Canada Elections Act. An employee must be paid what he or she would have earned during the time allowed off for voting.

It is an offence for employers to fail to provide time off for voting if required under the Canada Elections Act.

It is also an offence for an employer to reduce an employee's pay where the employee has been provided time off to vote in accordance with the Act. The maximum penalty for violating these prohibitions is a fine of up to $2,000, three months imprisonment, or both.

It is also an offence for an employer to use intimidation, undue influence, or any other means to interfere with the granting of time off to vote under the Canada Elections Act. The maximum penalty for violating this provision is a fine of up to $50,000, five years imprisonment, or both.

Are provincially regulated Employees entitled to leave for seeking/holding public office?

Saskatchewan

An employee seeking or holding public office may be eligible for Nomination/Election and Candidate/Public Office leave. Nomination/Election and Candidate/Public Office leaves are unpaid, job-protected leaves for as many days as required.[2-54(1)]

An employee must have worked with the employer for at least 13 weeks to be eligible for this leave. Written notice must be provided to the employer four weeks before the leave begins. The employee must also notify the employer four weeks prior to their return date on when they will be returning.

Upon returning, an employee is entitled to return to the same job if the employment leave is for 60 days or less. If the leave is longer than 60 days, the employee can be reinstated to a comparable job. The employee must receive the same wage and benefits as before the leave.

Subdivision 11 Employment Leave 2-54

Are provincially regulated Employees entitled to time off for citizenship Ceremony in Canada?

Alberta

Employees are eligible for citizenship ceremony leave if they have been employed at least 90 days with the same employer.

A citizenship ceremony is when a certificate of citizenship is received, as provided for under the Citizenship Act (Canada) and regulations made under that Act.

Eligible employees can take time off work without risk of losing their job.

Employers must grant citizenship ceremony leave to eligible employees and give them their same, or equivalent, job back when the employee returns to work.

Employers aren’t required to pay wages or benefits during leave, unless stated in an employment contract or collective agreement.

Employees on citizenship ceremony leave are considered to be continuously employed for the purposes of calculating years of service.

Employee eligibility

Employees are eligible for citizenship ceremony leave if they have been employed at least 90 days with the same employer.

Employees are only eligible for this leave once, upon acquiring Canadian citizenship.

Employees with less than 90 days of employment may still be granted leave. However, their employers aren’t required under employment standards legislation to grant them leave.

Length of leave

An employee can take up to a half-day of citizenship ceremony leave.  Any leave days not used by an employee cannot be carried over into a new calendar year.

Giving notice

An employee must give an employer notice as soon as is reasonable and practicable in the circumstances.

Termination of employment

An employer may not terminate the employment or lay off an employee for requesting or while on citizenship ceremony leave. Any leave days not used by an employee do not have to be paid out by the employer if employment terminates.

How the law applies

Part 2, Division 7.6 of the Employment Standards Code (Code) sets out the rules for leave for citizenship ceremony. The legislation entitles eligible employees to a period of leave without pay, at the end of which they must be reinstated in their same, or an equivalent, job.

Manitoba

Leave for a citizenship ceremony allows new Canadians to take up to four hours of unpaid leave for the purpose of attending their Canadian citizenship ceremonies.

Who Qualifies for Leave for a Citizenship Ceremony?

Employees who have worked for their employer for 30 days qualify for this leave.

How long can an employee be off for a citizenship ceremony?

Employees may take up to 4 hours of unpaid leave to attend their citizenship ceremony and receive their certificate of citizenship, as provided for under the Citizenship Act.

How much notice must an employee give to the employer to take Leave for a Citizenship Ceremony?

Employees who wish to take leave for a citizenship ceremony must tell their employer at least 14 days before the ceremony or, if 14 days is not possible, as much notice as is reasonable in the circumstances.

Do employees get paid when on leave?

No. Employers are not required to pay wages to employees while on leave. For all leaves, the legislation only requires employers to provide the time off and allow employees to return to their job when the leave has ended. Employers can, and often do, give greater benefits than those provided for in the legislation.

However, other federal programs may provide income replacement. Employees should contact the federal government to find out what types of leaves have income replacement.

The only exception under The Employment Standards Code where an employer is required to pay a portion of a leave is under the Domestic Violence Leave.

Who decides what type of leave an employee is taking?

Employees must tell their employer what type of leave they are taking. The employer will need enough detail to show the time off meets the requirements for a statutory leave.

If an employee requests time off, the employer should ask whether they are advising of a leave available under The Employment Standards Code or requesting permission for unpaid time off. Employers do not control when an employee can take a statutory unpaid leave, but they do control other types of time off.

Will the information about the leave be confidential?

Unless it is required by law or the employee has given consent, employers cannot disclose information related to a leave except to other persons in the workplace, who need to know in order to carry out their duties.

What is a period of employment?

The length of time from when an employee starts working for an employer until the day the employment ends.

The period of employment also includes periods of temporary interruption in employment (a layoff, an unpaid leave) seasonal employment, and when an employee returns to work for the same employer after a break of less than two months.  Employees who work in a seasonal industry and return to work with the same employer each season have continuous service. Each consecutive season they return adds one more year of service to their total period of employment.

Nova Scotia

Employees are entitled to take an unpaid leave of absence of up to one day, or less if the employee chooses, to attend their citizenship ceremony.

If possible, employees must give their employer 14 days' notice that they plan to take the leave.  If this is not possible, they must give as much notice as is reasonably possible.

If the employer asks, the employee must provide evidence that they are attending their citizenship ceremony on a particular day, for example the “Notice to Appear” sent by Citizenship and Immigration Canada.

Saskatchewan

Employees who have worked with an employer for at least 13 weeks and who are a new Canadian citizen are eligible for one day of Citizenship Ceremony leave. Employees must provide notice to the employer as soon as possible before the leave.

Are provincially regulated Employees entitled to reservist leave?

Alberta

Eligible employees can take time off work without pay without risk of losing their job.

Employers must grant Reservist leave to eligible employees and give them their same, or equivalent, job back when the employee returns to work.

Employers aren’t required to pay wages or benefits during leave, unless stated in an employment contract or collective agreement.

Employees on Reservist leave are considered to be continuously employed for the purposes of calculating years of service.

Employee eligibility

Employees are eligible for Reservist leave if they are a Reservist and have been employed at least 26 consecutive weeks employed with the same employer.

Employees with less than 26 consecutive weeks of employment may still be granted leave. However, their employers aren’t required under employment standards legislation to grant them leave.

Allowed operations and activities

An employee may take Reservist leave for the following operations or activities:

  • deployment to a Canadian forces operation outside Canada
  • deployment to a Canadian forces operation inside Canada that is assisting with an emergency or the aftermath of an emergency
  • annual training, included related travel time, for up to 20 days in a calendar year
  • other operations set out as such in the Employment Standards Regulation by the Minister

Participation in pre- or post-deployment activities in connection with an operation is also considered part of deployment for the operation.

Length of leave

An eligible employee can take:

  • up to 20 days each calendar year for annual training
  • as long as necessary to accommodate the period of service required for international or domestic deployment

Periods of leave do not have to be consecutive days.

Giving notice

Request for proof

An employer may request proof that an employee is entitled to reservist leave. If requested, the employee must give the employer a document from the employee’s commanding officer that lists:

  • that the employee is taking part in an operation of activity that qualifies for Reservist leave,
  • the day on which the leave starts, and
  • the estimated or known length of the leave

Starting leave

Employees must give employers written notice of their intention to take Reservist leave 4 weeks prior to the date the leave begins.

In the case of Reservist leave for annual training, the notice must include the actual date on which the employee intends to return to work.

In all other cases, the notice must include the estimated date on which the employee intends to resume work.

If the employee is not able to give 4 weeks’ notice due to an urgent deployment, they must inform their employer in writing about the Reservist leave as soon as is reasonable.

Ending leave

Employees on leave for 4 weeks or less must give written notice as soon as possible, which provides the day on which they intend to return to work.

Employees on leave for more than 4 weeks must give at least 4 weeks’ written notice of the day they intend to return to work.

If an employee does not give this notice, the employer may:

  • postpone the return to work for up to 4 weeks from the date that the employee informs them of their intention to return to work, and
  • the employee will be considered to remain on Reservist leave until they return to work

Employees on Reservist leave due to participation in annual training are not required to provide notice of return to work since the notice of intention to take leave includes the date training is complete and the employee will return to work.

A Reservist who doesn’t wish to resume employment after their Reservist leave ends must give the employer at least 4 weeks’ written notice of their intention to terminate their employment.

Employers are not required to reinstate employees who fail to give notice or report to work the day after their leave ends unless the failure is due to unforeseeable or unpreventable circumstances.

Any employee who takes Reservist leave must inform their employer in writing of any change in the length of the leave as soon as is reasonable.

Vacation days and pay

Annual vacation earned prior to leave must be taken within 12 months after it was earned. If this time falls while the employee is on leave, the employee must:

  • take the remaining vacation time at the end of their leave, or
  • get approval from the employer to take the vacation time at a later date

Termination of employment

Employees can’t be terminated or laid off while on Reservist leave unless:

  • the employer suspends or discontinues the business; in this case, the employer must reinstate the employee if the business starts up again within 52 weeks after their leave ends, or
  • the reason for the termination is unrelated to the employee requesting or taking the leave

An employee who feels they have been improperly terminated can file an Employment Standards Complaint.

How the law applies

Part 2, Division 7.1 of the Employment Standards Code (Code) sets out the rules for Reservist leave. The legislation entitles eligible employees to a period of leave without pay, at the end of which they must be reinstated in their same, or an equivalent, job.

 

 

British Columbia

An employee who is a reservist is entitled to unpaid leave if the employee is deployed to a Canadian Forces operation outside Canada, is engaged in pre- or post-deployment activities either inside or outside Canada, or is deployed inside Canada to assist in dealing with an emergency or its aftermath.

An employee who is a reservist is entitled to 20 days unpaid leave in a calendar year if the employee is engaged in Canadian Forces training activities or travelling to or from training. If an employee participates in more than one training activity, the entitlement is 20 days in total.

The employee must give the employer four weeks’ written notice of the date the leave will begin and end. However, in the case of a deployment, if the employee receives less than four weeks’ notice, he or she must give the employer as much notice as is practicable.

If a deployment is extended, the employee must give the employer notice four weeks before the date the leave was to have ended, or as soon as practicable. If a training activity is extended, the employee must give the employer notice four weeks before the date the leave was to have ended.

If the employee proposes to return to work earlier than originally specified, the employee must give the employer at least one week’s notice.

Manitoba

 

Who Qualifies for Leave for Reservist?

Members of the Canadian Forces Reserves who have worked for their employer for seven consecutive months, who are absent from work for the purpose of service, qualify for Leave for Reservists.

 

What protections do employees who are serving in the Reserves have?

Employees who take leave from their employment for the purpose of service must be reinstated to the position, or a similar position with no less wages or benefits they had before the leave.

Employers cannot lay off or terminate an employee who takes this leave.

Do employees get paid when on leave?

No. Employers are not required to pay wages to employees while on leave. For all leaves, the legislation only requires employers to provide the time off and allow employees to return to their job when the leave has ended. Employers can, and often do, give greater benefits than those provided for in the legislation.

However, other federal programs may provide income replacement. Employees should contact the federal government to find out what types of leaves have income replacement.

The only exception under The Employment Standards Code where an employer is required to pay a portion of a leave is under the Domestic Violence Leave.

What happens to pension and other benefits while a Reservist is on leave?

While employees are on unpaid leave, the employment is deemed to be continuous. When they return, they continue to be entitled to any benefits they had before the leave and their years of service would include the time away on the leave.

How long is Leave for Reservists?

Employees can take unpaid leave for as long as they continue to serve. There is no restriction on the length of the unpaid leave.

How often can a Reservist go on leave?

There are no restrictions on how often a Reservist can go on leave.

Once employees have been employed with their employer for seven consecutive months, they are entitled to the leave and can use it to serve the Reserves.

How do Reservists request a leave?

Employees must provide, in writing, as much notice as reasonable and practicable in the circumstances. The employer may request a certificate from an official in the Reserves confirming the employee is a member of the Reserves, is required for service, and where possible, the start and end dates for the period of service.

Who decides what type of leave an employee is taking?

Employees tell their employers they are needing to take a leave. The employer will need enough detail to show the time off work meets the requirements of the leave.

When employees request time off, the employer should ask whether they are advising of a leave available under The Employment Standards Code or asking for approval for time off. Employers do not control when employees can take a leave provided by law, but they do control other types of time off work.

When can a Reservist return to work?

Reservists who have taken a leave must provide their employer, in writing, notice of their return date. The employer can defer the reservists return to work for up to two weeks, or one pay period, whichever is longer.

What if the employee's job is no longer available?

Generally, employees should be returned to the job they had before the leave. However, if the job is no longer available, they must be given a similar position with the same or greater benefits and pay.

There may be some situations where employers do not have a position available for reasons completely unrelated to the leave. For example, employees who are on unpaid leave would not necessarily be protected from losing their jobs if the employer shut down part of their operations and reduced their workforce based on a seniority system.

Employers must show the leave has no impact on the decision to lay−off or terminate the employment.

What if the employer refuses to bring the employee back to work?

Employees must be allowed to return to their job, or comparable job, with the same or greater pay and benefits when they return from leave. Employees who have been refused by their employer can file a complaint with Employment Standards within six months after the date the employee should have been reinstated.

How does an unpaid leave affect...

Termination?

When it comes to how much notice an employer or an employee has to give upon termination, the amount of time spent on the leave has to be included in determining the length of service.

Vacation?

The leave does not affect the amount of vacation time an employee is entitled to, as the time spent on leave is included in the employee’s length of service.  However, since vacation pay is a percentage of wages earned, the leave will affect the vacation pay.  See the Vacations & Vacation Pay fact sheet for more details.

 

New Brunswick

Who is eligible?

Members in all classes (“A”, “B”, and “C”) of the Canadian Forces reserve force are eligible for a leave of absence without pay in order to perform military service.

What kinds of military service are eligible?

• Deployment to a Canadian Forces operation either inside or outside Canada,

• Required pre-deployment or post-deployment activities, including training and travel time, within and outside of Canada,

• A period of treatment, recovery or rehabilitation for a physical and/or mental health problem resulting from these activities, and

• Annual training.

How long can a leave of absence for military service be and what conditions apply?

An employer must grant a leave of:

• up to 30 continuous calendar days for the purpose of annual training; or

• up to 18 months for purposes other than annual training.

One of the following conditions will apply: • In the case of a first leave, the employee must have been employed for at least 6 months; or • In the case of a second or subsequent leave, at least 12 months have elapsed since the date the employee returned to work from his or her most recent leave.

What kind of notice must an employee give the employer of his intention to take a leave for military service?

An employee must give the employer at least 4 weeks notice in writing before the beginning of the leave. The notice must include the start date of the leave and the anticipated date that the employee will return to work. The employer may require the employee to provide a certificate from an official with the Reserves confirming that the employee is a reservist who is selected for service and, if possible, the expected start and end dates of the required service. The 4-week notice requirement may be waived under urgent circumstance such as a military call to assist in a natural disaster. In this case, the employee is required to give the employer notice of an intention to take a leave as soon as possible under the circumstances.

Is it possible to extend a military leave that is in progress?

Yes. Circumstances beyond the employee’s control may require an extension of a leave that is already in progress.

In this case:

• The employee must advise the employer in writing, giving at least 4 weeks notice before the changed date of return to work;

• If the employee does not do this, the employer may postpone the employee’s return to work by up to 2 weeks beyond the date given by the employee. The employer may not require the employee to return to work earlier than the date given by the employee; and

• The employer is not required to provide an extension that would result in a total leave that is longer than 18 months.

Can the employer refuse to grant a leave or extend a leave?

An employer may apply to the Director of Employment Standards for an exemption under the Employment Standards Act if granting or extending the leave would: • Adversely affect the health or safety of the workplace or public, or • Cause the employer undue hardship

 

Newfoundland and Labrador

 

Who is eligible for reservist leave?

To qualify for the leave, an employee must:

1. be a member of the reserves

2. must have been employed by the employer for 6 consecutive months and

3. must be required to be absent from work for the purpose of active deployment or training for active deployment

How much notice of their intention to take reservist leave must an employee give to their employer?

The employee must give 60 days written notice to the employer of their intention to take the leave and of their intention to return to work, including in this notice the date the leave is to begin and end. In circumstances beyond the control of the employee, where the full 60 days notice cannot be provided, the employee should give as much notice as is reasonably practical.

Must an employee give written notice to extend reservist leave?

Notice requesting to extend the end date of the reservist leave must be in writing. Failure to provide sufficient notice, changing the date the leave is to end, may result in a 2 week or 1 pay period delay in re-employment, whichever is longer.

How long can reservist leave last?

The leave is to cover the reservist’s period of service and may be extended beyond the date agreed upon if required and provided that written notice is given to the employer at least 2 weeks or 1 pay period, whichever is longer before the end date is given.

How often can a reservist take this leave?

The employee can take additional reservist leave; however, the start date for each additional period of service must be at least 1 year after the date that the employee returned to work from the most recent reservist leave.

What happens when the employee returns to work from reservist leave?

Upon return to work, an employee is to be placed in the same or similar position with duties, benefits and wages they had prior to taking reservist leave.

What effect does being on reservist leave have on an employee’s entitlements under the Labour Standards Act?

Unless the employer and employee agree otherwise, the period spent on reservist leave does not count with respect to the accumulation of time for the purposes of notice of termination, vacation entitlement, or other benefits under the Act.

Does an employer have to hold the employee's job?

Upon return to work, an employee is to be placed in the same or a similar position with the same duties, benefits and wages that they had prior to taking reservist leave.

Can an employer refuse to grant reservist leave citing “Undue Hardship”?

This matter may be mediated by the Labour Standards Division. Contact the Division for more information.

 

Northwest Territories

An employee who is a member of the reserve force, has been employed by the same employer for at least six consecutive months, and  is required to be absent from work for the purpose of service, is entitled to reservist leave, without pay, for the period necessary to accommodate that service.

An employee who intends to take reservist leave shall give his or her employer at least four weeks notice in writing of his or her intention to take the period of leave, or if it is not reasonable in the circumstances to give four weeks notice, the employee shall give his or her employer notice at the earliest reasonable opportunity.

The notice required must give the date on which the leave will begin and the anticipated date on which the leave will end.

An employer may require an employee requesting reservist leave to provide a certificate from an official with the reserve force stating that the employee is a member of the reserve force and is required for service.

If the date on which an employee anticipates his or her leave will end changes, the employee shall provide written notice to the employer of the new end date at the earliest reasonable opportunity.

 

Nova Scotia


The Labour Standards Code has two types of leaves for Canadian Forces Reservists – a training leave available to all reservists and a deployment leave for reservists who accept a deployment for active service. 

To qualify for the leave, reservists must have been employed with their employer for one year. 

Training Leave for Reservists

Reservists can take up to 20 days of unpaid training leave per year in order to take ongoing annual reservist training.  This means that the reservist does not have to use vacation leave for this training.

The 20 days may be broken up into shorter periods and includes necessary travel time.  An employee on training leave must return to work no later than the next regularly scheduled working day following the training and any related travel time.

The employee must give at least 4 weeks’ notice to the employer that they plan to take a training leave, except in an emergency situation, when they must give as much notice as reasonably possible.

Deployment Leave for Reservists

Reservists who are on, or who are preparing for an active deployment, within Canada or overseas can take unpaid leave from civilian work to fulfil their military commitment to service.

Reservist employees can take deployment leave for a maximum period of service of 18 months within a 3 year period and must return to work within 4 weeks of the end of the service period.   The period of the leave includes the time for training that is necessary for the deployment.  There must be at least one year between each deployment leave.

An employee must give the employer 90 days’ notice of his/her intention to take the leave and 90 days’ notice of his/her intention to return to work from the leave. In an emergency situation, where the full 90 days cannot be provided, an employee needs to give as much notice as is reasonably practical. 

To Take Reservists Leave

An employer can require an employee to provide a certificate from an official with the Reserves confirming that the employee requires the leave for a period of training or active service. 

 

 Nunavut 

Every employee is entitled to and shall be granted a leave of absence from employment, without pay, for the duration of a period of service if he or she is a member of the reserve force; and has been employed by the same employer for at least six consecutive months. Notice

An employee who intends to take reservist leave shall give his or her employer at least four weeks notice in writing of his or her intention to take the period of leave, or if it is not reasonable in the circumstances to give four weeks notice, the employee shall give his or her employer notice at the earliest reasonable opportunity.

The notice required must give the date on which the leave will begin and the anticipated date on which the leave will end.

Where the date on which an employee anticipates his or her leave will end changes, the employee shall provide notice to the employer of the new end date at the earliest reasonable opportunity.

No employee shall be denied leave during an emergency situation only because that employee has not been employed for a sufficient length of time or has not provided sufficient notice.

An employer may require an employee requesting reservist leave to provide a certificate from an official with the reserve force stating that the employee is a member of the reserve force and is required for service.

Where granting reservist leave to an employee would cause an employer undue hardship, the employer may request that the Labour Standards Officer exempt the employer from the requirement to grant the leave. Labour Standards Officer may issue an exemption.

No employer shall dismiss, suspend, lay off, demote or discipline an employee because an employee has applied for leave of absence, or take into account the intention of an employee to take leave of absence under this Part in any decision to promote or train the employee.

 

Ontario

Employees who are reservists and who are deployed to an international operation or to an operation within Canada that is or will be providing assistance in dealing with an emergency or its aftermath (including search and rescue operations, recovery from national disasters such as flood relief, military aid following ice storms, and aircraft crash recovery) are entitled under the ESA to unpaid leave for the time necessary to engage in that operation. In the case of an operation outside Canada, the leave would include pre-deployment and post-deployment activities that are required by the Canadian Forces in connection with that operation.

In order to be eligible for reservist leave, you must have worked for your employer for at least six consecutive months. Generally, reservists must provide their employer with reasonable written notice of the day on which they will begin and end the leave.

Employees on a reservist leave are entitled to be reinstated to the same position if it still exists or to a comparable position if it does not. Seniority and length of service credits continue to accumulate during the leave.

Unlike the case with other types of leave, an employer is entitled to postpone the employee's reinstatement for two weeks after the day on which the leave ends or one pay period, whichever is later. Also, the employer is not required to continue any benefit plans during the employee's leave. However, if the employer postpones the employee's reinstatement, the employer is required to pay the employer's share of premiums for certain benefit plans related to their employment and allow the employee to participate in such plans for the period the return date is postponed.

 

Prince Edward Island


Who is eligible for reservist leave?

An employee who is also a member of the Canadian Forces Reserves in entitled to an unpaid period of absence if that employee:

  • has been employed by the same civilian employer for at least six consecutive months; and
  • is required to be absent from work for the purpose of training or active duty

How much notice must an employee give to their employer?

You must provide as much notice to the employer as is reasonable in the circumstances including the anticipated start and end date of the leave. The notice must be in writing.

If the employer requests it, the employee must provide verification of the need and duration of the period of service for the purpose of training or active duty.

Will my leave of absence affect my employment status?

When an employee returns from reservist leave, he or she must be accepted back into the same position or a comparable one with no loss of seniority or benefits.

 

Quebec

Caution:

To avail himself of this right, the employee must be credited with 12 months of uninterrupted service with his employer.

An employee who is a Canadian Forces reservist may be absent from work, without pay, for one of the following reasons:

  • to take part in an operation of the Canadian Forces outside Canada, including preparation, training, rest and transportation from his place of residence and back, for a maximum period of 18 months.
  • to take part in an operation of the Canadian Forces in Canada, the purpose of which is to:
    • provide assistance in case of a major disaster within the meaning of the Civil Protection Act
    • to aid the civil power, on request of the Attorney General of Québec or under the National Defence Act
    • intervene in any other emergency situation designated by the Government
    • to take part in annual training for the time period prescribed by regulation or, if no such period is prescribed, for a period of not more than 15 days
    • to take part in any other operations of the Canadian Forces, in Canada or abroad, in the cases, on the conditions and for the time period prescribed by government regulation.

 Exceptions

A reservist-employee cannot avail himself of this right, if his absence:

  • could endanger the life, health or security of other workers or the population
  • represents a risk of destruction or serious deterioration of movable or immovable property or in another case of superior force
  • is inconsistent with his professional code of ethics.

 

Period of absence and return to work

To benefit from the right to be absent from work, the employee must notify the employer in writing at least four weeks ahead of time of the date when the absence begins, in addition to specifying the reason and the length of time. This notice period may, however, be shorter for serious cause; in this case, the employee must notify his employer as soon as he is able to do so.

The employee may return to work before the stipulated date after having given his employer written notice of at least three weeks of the new date of his return to work.

The employee shall give his employer, upon request, any document justifying his absence.

An employee who is absent for a period of more than 12 weeks cannot be absent again for one of these reasons prior to the expiry of a 12-month period from the date of his return to work.

When the employee returns, the employer must reinstate him in his usual position and give him the wages and other benefits to which he would have been entitled had he remained at work.

If his position has been abolished, the employee retains the same rights and privileges as those from which he would have benefited had he remained at work.

These provisions must not, however, give the employee an advantage that he would not have enjoyed had he remained at work. 

 

Saskatchewan


 Employees who are military reservists are entitled to a reasonable period of leave for service with the reserve force. The leave covers training and active service. Active service would include a regular deployment or a deployment in response to an emergency. Reserve Force leave is unpaid, job-protected leave for as many days as required.

An employee must have worked with the employer for at least 13 weeks to be eligible for this leave. Written notice must be provided to the employer as soon as possible before the leave begins. The employee must also notify the employer as soon as possible of their anticipated period of service. The employer may also ask the employee to provide confirmation from a reserve force official of the employee's reserve force status, and the anticipated period of service.

Upon returning, an employee is entitled to return to the same job if the employment leave is for 60 days or less. If the leave is longer than 60 days, the employee can be reinstated to a comparable job. The employee must receive at least the same wage and benefits as before the leave.

 

Yukon

Eligibility for leave

Eligible employees who are members of the Reserve Force shall be granted a leave without pay to participate in Reserve Force operations or activities as set out in S. 60.3(1) of the Employment Standards Act.

This includes up to 15 days of leave without pay to participate in annual training activities.

Applying for a reservist leave

Employees are required to submit their written leave request a minimum of four weeks prior to the requested leave period unless there is a valid reason for not doing so. Notification must specify the purpose and length of the requested leave period. 3

Employees must also notify the department in writing of any change in the duration of the leave at least four weeks prior to the original end date unless there is a valid reason for not doing so.

If employees do not provide at least four weeks notice of a change in the leave period, the department may delay their return to work for a period of up to four weeks from the day after notice is provided. This period of postponement is deemed to be part of the leave.

Where there is a valid reason why employees are unable to provide four weeks notice, they must do so as soon as is practicable. Documentation

Employees are required to provide documentation confirming that the leave is for the purposes of Reserve Force operations and activities as outlined in S. 60.3(1) of the Employment Standards Act within three weeks of the start of the leave. An acceptable document is that which is approved by the Chief of the Defense Staff or where none is available, by the employee’s Commanding Officer. Other considerations

Employees returning from reservist leave shall be reinstated to their substantive position. If for a valid reason, the employer is not able to reinstate the employee in the substantive position, they shall reinstate the employee in a comparable position.

The reservist leave period will count as continuous service. Employees should be aware that depending on the length of the leave requested, there may be impacts on their benefit entitlements and accruals during the leave without pay period.

Employees are not required to use their vacation leave in place of or in advance of using reservist leave.

While there is no stated limit on the number or length of leaves of absence that may be requested, operational requirements may apply to the granting of subsequent periods of time if an employee requests more than one extended leave within an 18 month period.

 Roles and responsibilities

Employees are responsible for: ï Submitting leave without pay requests in writing to their branch director outlining the reason and duration of the requested leave. ï Notifying their branch director of any changes to the leave period (see s 3.2). ï Providing official documentation confirming the nature of reservist leave (see s 3.5). ï Consulting with their human resource branch and/or the Public Service Commission about the impact (if any) on their benefit entitlements.

Departments are responsible for: ï Approving applications for reservist leave without pay under this policy. ï Seeking advice from the Public Service Commission if they are unclear about the application of reservist leave.

 

Public Service Commission is responsible for: ï Providing advice to departments on the application of this policy. References National Defence Act Public Service Act Employment Standards Act