Acts and Regulations

E-7.2 - Employment Standards Act

Section 44.0251
Disposition versions

Full text
Critically ill adult leave
44.0251(1)The following definitions apply in this section.
“critically ill adult” means a person who is 18 years or older on the day on which a qualified medical practitioner certifies that the person’s baseline state of health has significantly changed and whose life is at risk as a result of an illness or injury.(adulte gravement malade)
“family member” means a family member as defined in the Employment Insurance Regulations under the Employment Insurance Act (Canada).(membre de la famille)
“qualified medical practitioner” means a person who is entitled to practise medicine under the laws of a jurisdiction in which care or treatment of a critically ill adult is provided.(médecin qualifié)
“week” means the period between midnight on Saturday and midnight on the immediately following Saturday.(semaine)
44.0251(2)Subject to subsections (3) to (8), on the request of an employee who is the parent or other family member of a critically ill adult, an employer shall grant the employee a leave of absence without pay of up to 16 weeks to provide care or support to that critically ill adult if a qualified medical practitioner has issued a certificate that
(a) states that the adult is a critically ill adult and requires the care or support of one or more of their parents or other family members, and
(b) sets out the period during which the adult requires that care or support.
44.0251(3)The leave of absence may be taken only during the period
(a) that starts with the first day of the week in which either of the following occurs:
(i) the day on which the first certificate in respect of the critically ill adult that meets the requirements of subsection (2) is issued; or
(ii) if the leave is commenced before the certificate is issued, the date from which the qualified medical practitioner certifies that the adult is a critically ill adult; and
(b) that ends with the last day of the week in which either of the following occurs first:
(i) the adult dies; or
(ii) the expiration of 16 weeks following the first day of the week referred to in paragraph (a).
44.0251(4)If both parents or other family members of a critically ill adult are employees of the same employer, the aggregate amount of leave that may be taken under subsection (2) for the care or support of the same critically ill adult shall not exceed 16 weeks and may
(a) be taken wholly by one of the employees, or
(b) be shared by the employees.
44.0251(5)An employee intending to take a leave of absence under subsection (2) shall advise the employer in writing as soon as possible of the employee’s intention to take the leave, the anticipated commencement date of the leave, the anticipated duration of the leave and shall provide the employer with the certificate referred to in subsection (2).
44.0251(6)If circumstances beyond the control of the employee require a change in the duration of the leave of absence, the employee shall advise the employer in writing of the change as soon as possible.
44.0251(7)An employer is not required to extend an employee’s leave of absence beyond the date that would result in the employee’s total period of leave of absence exceeding 16 weeks from the commencement date of that leave.
44.0251(8)When an employee reports for work on the expiration of the period of leave granted under subsection (2), the employer shall permit the employee to resume work in the position the employee held immediately before the commencement of the leave or an equivalent position with no decrease in pay and with no loss of benefits accrued up to the commencement of the leave.
2018, c.14, s.5; 2022, c.33, s.20
Critically ill adult leave
44.0251(1)The following definitions apply in this section.
“critically ill adult” means a person who is 18 years or older on the day on which a qualified medical practitioner certifies that the person’s baseline state of health has significantly changed and whose life is at risk as a result of an illness or injury.(adulte gravement malade)
“family member” means a family member as defined in the Employment Insurance Regulations under the Employment Insurance Act (Canada).(membre de la famille)
“qualified medical practitioner” means a person who is entitled to practise medicine under the laws of a jurisdiction in which care or treatment of a critically ill adult is provided.(médecin qualifié)
“week” means the period between midnight on Saturday and midnight on the immediately following Saturday.(semaine)
44.0251(2)Subject to subsections (3) to (8), on the request of an employee who is the parent or other family member of a critically ill adult, an employer shall grant the employee a leave of absence without pay of up to 16 weeks to provide care or support to that critically ill adult if a qualified medical practitioner has issued a certificate that
(a) states that the adult is a critically ill adult and requires the care or support of one or more of his or her parents or other family members, and
(b) sets out the period during which the adult requires that care or support.
44.0251(3)The leave of absence may be taken only during the period
(a) that starts with the first day of the week in which either of the following occurs:
(i) the day on which the first certificate in respect of the critically ill adult that meets the requirements of subsection (2) is issued; or
(ii) if the leave is commenced before the certificate is issued, the date from which the qualified medical practitioner certifies that the adult is a critically ill adult; and
(b) that ends with the last day of the week in which either of the following occurs first:
(i) the adult dies; or
(ii) the expiration of 16 weeks following the first day of the week referred to in paragraph (a).
44.0251(4)If both parents or other family members of a critically ill adult are employees of the same employer, the aggregate amount of leave that may be taken under subsection (2) for the care or support of the same critically ill adult shall not exceed 16 weeks and may
(a) be taken wholly by one of the employees, or
(b) be shared by the employees.
44.0251(5)An employee intending to take a leave of absence under subsection (2) shall advise the employer in writing as soon as possible of the employee’s intention to take the leave, the anticipated commencement date of the leave, the anticipated duration of the leave and shall provide the employer with the certificate referred to in subsection (2).
44.0251(6)If circumstances beyond the control of the employee require a change in the duration of the leave of absence, the employee shall advise the employer in writing of the change as soon as possible.
44.0251(7)An employer is not required to extend an employee’s leave of absence beyond the date that would result in the employee’s total period of leave of absence exceeding 16 weeks from the commencement date of that leave.
44.0251(8)When an employee reports for work on the expiration of the period of leave granted under subsection (2), the employer shall permit the employee to resume work in the position the employee held immediately before the commencement of the leave or an equivalent position with no decrease in pay and with no loss of benefits accrued up to the commencement of the leave.
2018, c.14, s.5