Leaves of absence
44.04(1)An employer shall not suspend, lay off, dismiss or otherwise terminate the employment of an employee who has been granted a leave of absence under this Act
(a)
during the leave of absence, or
(b)
for reasons arising from the leave alone.
44.04(2)An employee who has been granted a leave of absence under this Act
(a)
retains seniority accrued up to the commencement of the leave,
(b)
continues to accrue seniority during the leave at the same rate of accrual that would have occurred had the employee worked during the leave, and
(c)
shall be deemed to have been continuously employed with the same employer during the leave of absence.
44.04(3)Despite subsection (2), if an employee would have been suspended, laid off, dismissed or otherwise had their employment terminated had the employee not been granted a leave of absence under this Act, the seniority of the employee
(a)
ceases to accrue as of the date the dismissal, including termination of employment, would have occurred had the employee not been granted the leave of absence, and
(b)
does not accrue during the period of the suspension or layoff that would have occurred had the employee not been granted the leave of absence.
44.04(4)Subsections (1), (2) and (3) apply with the necessary modifications in relation to
(a)
an employee who has been granted a leave of absence with or without pay under a collective agreement or a contract of employment similar to a leave of absence to which an employee is entitled under this Act, and
(b)
an employee who is absent from work, with or without pay, on a day of vacation or a public holiday to which the employee is entitled under this Act, a collective agreement or a contract of employment.
1988, c.59, s.18; 2000, c.55, s.7; 2020, c.12, s.3; 2022, c.33, s.24