Leaves of Absence from Work

What are the different types of leaves of absence provided for under the Labour Standards Code?

The Code provides for pregnancy/parental leave, bereavement leave, court leave, compassionate care leave, Canadian Forces Reservists' leave, Citizenship Ceremony leave, emergency leave and sick leave. These all are unpaid leaves of absence, meaning that the employer does not have to pay the employee during these absences. Employment Insurance benefits may be available for pregnancy/parental and compassionate care leaves.

If an employee takes one of these leaves, is the employee's job protected?

When an employee's leave ends, the employer must accept the employee back into the same position he or she was in, or a comparable position, with no loss of seniority or benefits. There are some situations where an employer may not be required to accept the employee back to work. See section 30(2) of the Labour Standards Code.

If the employer does not take the employee back, what type of remedy might be available to the employee?

The employer could be ordered to reinstate the employee.

What about education leave? Does an employer have to give an employee time off to further his/her education. Does an employer have to pay for an employee's education/courses?

The Code does not require an employer to give an employee educational leave. Nor does it require an employer to pay for an employee's education unless there is an agreement between the employer and the employee to do so.