Leaves Of Absence In Canada. What Every Employer Must Provide
Canadian employees have statutory entitlements to multiple categories of leave that go well beyond what most US employers are used to.
These are not discretionary benefits. They are legal requirements, and they vary by jurisdiction or province. This includes the types of leave available, the duration, the eligibility criteria, and whether the leave is paid or unpaid. All of these benefits depend on where the employee is based.
Categories Of Leave Across Canada
- Maternity Leave – Available in all provinces and jurisdictions. Typically 15–17 weeks for the birth parent. Job protected. Unpaid by the employer, but employees typically receive EI maternity benefits subject to federal eligibility rules.
- Parental Leave – Available to both parents. Duration varies. Up to 61–69 weeks in most provinces. EI parental benefits are available.
- Bereavement Leave – Available in all provinces. Duration ranges from 3 days (some provinces) to 5 days, with some provinces providing partial pay. Some provinces may exceed 5 days pay, depending on their local policies.
- Ontario’s Current Sick Leave – Provides up to 3 days per year (unpaid). Other provinces and territories have equivalent provisions under different names.
- Family Responsibility Leave – Available in BC (5 days), and similar provisions exist in several other provinces for caring for immediate family members.
- Compassionate Care Leave – Up to 28 weeks for a serious medical condition with a significant risk of death. Available federally and reflected in most provincial legislation.
- Domestic Violence Leave – Available in several provinces and territories, with varying durations and paid/unpaid splits.
- Critical Illness Leave – Available for parents caring for a critically ill child (up to 37 weeks) or adult family member (up to 17 weeks).
- Reservist Leave – Job protected leave for military reservists, available in all jurisdictions.
Québec’s Additional Provisions
Québec provides several leaves that do not exist in other provinces, including up to 5 days of family or parental obligations leave (2 days paid after 3 months of service), and specific provisions under the QPIP programme that provide more generous benefits than federal EI for Québec residents. Family related leave may include paid days in certain circumstances after 3 months of uninterrupted service.
What Employers Must Do
- Grant the leave when the employee is eligible. Refusing a statutory leave is a violation, depending on the leave type, jurisdiction, and plan terms.
- Maintain the employee’s benefits during the leave in most provinces.
- Reinstate the employee in accordance with the applicable jurisdiction’s reinstatement rules.
- Not penalise the employee for taking a statutory leave.
How Bridgewater TI Can Help
We track which leaves apply in each province or territory, advise you on eligibility when an employee requests leave, manage benefit continuation during the absence, and ensure reinstatement obligations are met.
You do not need to research provincial leave legislation yourself.
Need Help Managing Canadian Leaves?
Book a call. We handle the complexity so you stay compliant.