44.026(1)The following definitions apply in this section.

44.026(2)Subject to subsections (5) and (6), on the request of an employee who is the parent of a child who has died and it is probable, considering the circumstances, that the child died as a result of a crime, an employer shall grant the employee a leave of absence without pay of up to 37 weeks.

44.026(3)Subject to subsections (5) and (6), on the request of an employee who is the parent of a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime, an employer shall grant the employee a leave of absence without pay of up to 37 weeks.

44.026(4)If both parents are employees of the same employer, each is entitled to the leave of absence under this section.

44.026(5)An employee is not entitled to a leave of absence under this section if the employee is charged with the crime.

44.026(6)Subject to subsections (7) to (9), a leave of absence under this section may only be taken during the period

44.026(7)If a child who has disappeared is found alive during the 37-week period, the leave of absence ends 14 days after the day on which the child is found.

44.026(8)If a child who has disappeared is found dead during the 37-week period, and it is probable, considering the circumstances, that the child died as a result of a crime, the leave of absence ends 37 weeks after the day on which the child is found.

44.026(9)A leave of absence under this section ends 14 days after the day that, considering the circumstances, it is no longer probable that the child disappeared or died, as the case may be, as a result of a crime, unless the employer and employee agree to an earlier date to return to work.

44.026(10)An employee intending to take a leave of absence under this section 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 and the anticipated duration of the leave.

44.026(11)An employer may require an employee to provide documentation that is reasonable in the circumstances in support of the employee’s entitlement to a leave of absence under this section.

44.026(12)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.

44.026(13)Subject to subsection (8), 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 37 weeks from the commencement date of that leave.

44.026(14)When an employee reports for work on the expiration of the period of leave of absence granted under this section, 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.