Acts and Regulations

E-7.2 - Employment Standards Act

Section 44.031
Disposition versions

Full text
Leave for members of the Reserves
2022, c.33, s.22
44.031(1)The following definitions apply in this section.
“annual training” Repealed: 2022, c.33, s.23
“Canadian Forces” means Canadian Forces within the meaning of section 14 of the National Defence Act (Canada).(Forces canadiennes)
“national emergency” means national emergency within the meaning of section 3 of the Emergencies Act (Canada).(crise nationale)
“Reserves” means the component of the Canadian Forces referred to in the National Defence Act (Canada) as the reserve force.(Réserve)
“service” includes a period of(service)
(a) deployment to a Canadian Forces operation, inside or outside Canada, or engagement, inside or outside Canada, in a pre-deployment or post-deployment activity required by the Canadian Forces in connection with such an operation,
(b) deployment to address a national emergency,
(c) training that members of the Reserves are ordered to take under paragraph 33(2)(a) of the National Defence Act (Canada),
(d) military skills training,
(e) time spent in travel from or to a member of the Reserve’s residence in relation to an activity referred to in paragraph (a), (b), (c) or (d),
(f) rest in relation to an activity referred to in paragraph (a), (b), (c) or (d), and
(g) time spent in treatment, recovery or rehabilitation in respect of a physical or mental health problem that results from an activity referred to in paragraph (a), (b), (c) or (d).
44.031(2)An employer shall not dismiss, suspend or lay off an employee or refuse to employ a person for the sole reason that the employee or person is a member of the Reserves.
44.031(3)An employee who is a member of the Reserves who has been in the employ of the employer for a continuous period of at least three months and who is selected for service is entitled to and shall be granted a leave of absence without pay by the employer for the purpose of that service.
44.031(3.1)An employee who is a member of the Reserves may take up to a total of 24 months of leave of absence within any 60-month period.
44.031(3.2)Subsection (3.1) does not apply to a leave of absence taken as a result of a national emergency.
44.031(4)Repealed: 2022, c.33, s.23
44.031(5)An employee who intends to take a leave of absence under subsection (3) shall give written notice to the employer of the employee’s intention
(a) at least four weeks before the anticipated commencement date of the leave, or
(b) if the employee receives notice that they are selected for service less than four weeks before the commencement date of that service, as soon as the circumstances permit after receiving the notice.
44.031(6)A notice under subsection (5) shall include the anticipated commencement date of the leave of absence and the employee’s expected date of return to work.
44.031(7)An employer may require the employee to provide the employer with a certificate from an official with the Reserves stating
(a) that the employee is a member of the Reserves and has been selected for service, and
(b) if possible, the expected start and end dates for the period of service.
44.031(8)Subject to subsections (9) and (11), if circumstances beyond the employee’s control require a change in the dates specified in a notice under subsection (5), the employee shall advise the employer of the change.
44.031(9)Subject to subsection (10), if circumstances beyond the employee’s control require a leave of absence under subsection (3) to be extended beyond the date specified in a notice under subsection (5), the employee shall provide a notice to the employer in accordance with subsection (11) and the employer shall grant the employee an extension.
44.031(10) 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 24 months from the commencement date of that leave.
44.031(11)An employee who amends the expected date of return to work specified in a notice under subsection (5) shall give written notice to the employer of the amended expected date
(a) at least four weeks prior to the amended expected date of return to work, or
(b) if the employee receives notice of the requirement to amend the expected return to work date less than four weeks before that date, as soon as practicable after the employee receives the notice.
44.031(12)Subject to subsection (13), if an employee gives notice of an amended expected date of return to work that is not in accordance with subsection (11), the employer may postpone the employee’s date of return to work by up to four weeks after the date on which the employee gives the notice to the employer.
44.031(13)An employer shall not postpone an employee’s date of return to work under subsection (12) if the postponement would result in a return to work date that is earlier than the amended expected return to work date of the employee.
44.031(14)When an employee reports for work on the expiration of the period of leave 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.
44.031(15)An employer who receives a request to grant or extend a leave of absence under this section may apply to the Director to be exempted from the application of this section if granting the leave or the extension
(a) would adversely affect the health or safety of the workplace or the public, or
(b) would cause the employer undue hardship.
44.031(16)The Director may grant an application made under subsection (15) if the Director is satisfied that the conditions of that subsection are met.
44.031(17)Instead of deciding an application made under subsection (15), the Director may refer the application to the Board.
44.031(18)A person affected by a decision of the Director with respect to an application made under subsection (15) may make a written request to the Director, within 14 days after notice of the decision, to refer the matter to the Board.
44.031(19)Within ten days after receiving a request under subsection (18), the Director shall refer the matter to the Board.
44.031(20)A matter referred to the Board under subsection (17) or (19) shall be disposed of in accordance with section 68.
2007, c.74, s.1; 2011, c.48, s.1; 2013, c.13, s.4; 2022, c.33, s.23
Leave for reservists
44.031(1)The following definitions apply in this section.
“annual training” means the training referred to in paragraph 9.04(2) of the Queen’s Regulations and Orders for the Canadian Forces (Canada), and includes the period of time required for travel to attend that training.(instruction annuelle)
“Reserves” means the component of the Canadian Forces referred to in the National Defence Act (Canada) as the reserve force.(Réserve)
“service” means(service)
(a) deployment to a Canadian Forces operation, inside or outside Canada, or engagement, inside or outside Canada, in a pre-deployment or post-deployment activity required by the Canadian Forces in connection with such an operation, and
(b) a period of time for treatment, recovery or rehabilitation in respect of a physical or mental health problem that results from an activity referred to in paragraph (a).
44.031(2)An employer shall not dismiss, suspend or lay off an employee who is a reservist, or refuse to employ a person who is a reservist, for the sole reason that the employee or the person is a reservist.
44.031(3)On the request of an employee who is a reservist, an employer shall grant the employee a leave of absence without pay of up to 18 months for the purpose of service if,
(a) in the case of a first leave of absence, the employee has been in the employ of the employer for at least six months, or
(b) in the case of a second or subsequent leave of absence, at least 12 months have elapsed since the date the employee returned to work from the most recent leave of absence granted under this subsection.
44.031(4)On the request of an employee who is a reservist, an employer shall grant the employee a leave of absence without pay for a continuous period of up to 30 days in a calendar year, for the purpose of annual training, if the employee has been in the employ of the employer for at least six months.
44.031(5)An employee who intends to take a leave of absence under subsection (3) or (4) shall give written notice to the employer of his or her intention
(a) at least four weeks prior to the anticipated commencement date of the leave, or
(b) if the employee receives notice of the service or annual training for which the leave of absence is requested less than four weeks before the commencement date of that service or annual training, as soon as practicable after the employee receives the notice.
44.031(6)A notice under subsection (5) shall include the anticipated commencement date of the leave of absence and the employee’s expected date of return to work.
44.031(7)An employer may require the employee to provide the employer with a certificate from an official with the Reserves stating
(a) that the employee is a reservist and
(i) is selected for service, or
(ii) is required to attend annual training, and
(b) if possible, the expected start and end dates for the period of service or annual training.
44.031(8)Subject to subsections (9) and (11), if circumstances beyond the employee’s control require a change in the dates specified in a notice under subsection (5), the employee shall advise the employer of the change.
44.031(9)Subject to subsection (10), if circumstances beyond the employee’s control require a leave of absence under subsection (3) to be extended beyond the date specified in a notice under subsection (5), the employee shall provide a notice to the employer in accordance with subsection (11) and the employer shall grant the employee an extension.
44.031(10) 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 18 months from the commencement date of that leave.
44.031(11)An employee who amends the expected date of return to work specified in a notice under subsection (5) shall give written notice to the employer of the amended expected date
(a) at least four weeks prior to the amended expected date of return to work, or
(b) if the employee receives notice of the requirement to amend the expected return to work date less than four weeks before that date, as soon as practicable after the employee receives the notice.
44.031(12)Subject to subsection (13), if an employee gives notice of an amended expected date of return to work that is not in accordance with subsection (11), the employer may postpone the employee’s date of return to work by up to two weeks after the date on which the employee gives the notice to the employer.
44.031(13)An employer shall not postpone an employee’s date of return to work under subsection (12) if the postponement would result in a return to work date that is earlier than the amended expected return to work date of the employee.
44.031(14)When an employee reports for work on the expiration of the period of leave 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.
44.031(15)An employer who receives a request to grant or extend a leave of absence under this section may apply to the Director to be exempted from the application of this section if granting the leave or the extension
(a) would adversely affect the health or safety of the workplace or the public, or
(b) would cause the employer undue hardship.
44.031(16)The Director may grant an application made under subsection (15) if he or she is satisfied that the conditions of that subsection are met.
44.031(17)Instead of deciding an application made under subsection (15), the Director may refer the application to the Board.
44.031(18)A person affected by a decision of the Director with respect to an application made under subsection (15) may make a written request to the Director, within 14 days after notice of the decision, to refer the matter to the Board.
44.031(19)Within ten days after receiving a request under subsection (18), the Director shall refer the matter to the Board.
44.031(20)A matter referred to the Board under subsection (17) or (19) shall be disposed of in accordance with section 68.
2007, c.74, s.1; 2011, c.48, s.1; 2013, c.13, s.4
Leave for reservists
44.031(1)The following definitions apply in this section.
“annual training” means the training referred to in paragraph 9.04(2) of the Queen’s Regulations and Orders for the Canadian Forces (Canada), and includes the period of time required for travel to attend that training.(instruction annuelle)
“Reserves” means the component of the Canadian Forces referred to in the National Defence Act (Canada) as the reserve force.(Réserve)
“service” means(service)
(a) deployment to a Canadian Forces operation, inside or outside Canada, or engagement, inside or outside Canada, in a pre-deployment or post-deployment activity required by the Canadian Forces in connection with such an operation, and
(b) a period of time for treatment, recovery or rehabilitation in respect of a physical or mental health problem that results from an activity referred to in paragraph (a).
44.031(2)An employer shall not dismiss, suspend or lay off an employee who is a reservist, or refuse to employ a person who is a reservist, for the sole reason that the employee or the person is a reservist.
44.031(3)On the request of an employee who is a reservist, an employer shall grant the employee a leave of absence without pay of up to 18 months for the purpose of service if,
(a) in the case of a first leave of absence, the employee has been in the employ of the employer for at least six months, or
(b) in the case of a second or subsequent leave of absence, at least 12 months have elapsed since the date the employee returned to work from the most recent leave of absence granted under this subsection.
44.031(4)On the request of an employee who is a reservist, an employer shall grant the employee a leave of absence without pay for a continuous period of up to 30 days in a calendar year, for the purpose of annual training, if the employee has been in the employ of the employer for at least six months.
44.031(5)An employee who intends to take a leave of absence under subsection (3) or (4) shall give written notice to the employer of his or her intention
(a) at least four weeks prior to the anticipated commencement date of the leave, or
(b) if the employee receives notice of the service or annual training for which the leave of absence is requested less than four weeks before the commencement date of that service or annual training, as soon as practicable after the employee receives the notice.
44.031(6)A notice under subsection (5) shall include the anticipated commencement date of the leave of absence and the employee’s expected date of return to work.
44.031(7)An employer may require the employee to provide the employer with a certificate from an official with the Reserves stating
(a) that the employee is a reservist and
(i) is selected for service, or
(ii) is required to attend annual training, and
(b) if possible, the expected start and end dates for the period of service or annual training.
44.031(8)Subject to subsections (9) and (11), if circumstances beyond the employee’s control require a change in the dates specified in a notice under subsection (5), the employee shall advise the employer of the change.
44.031(9)Subject to subsection (10), if circumstances beyond the employee’s control require a leave of absence under subsection (3) to be extended beyond the date specified in a notice under subsection (5), the employee shall provide a notice to the employer in accordance with subsection (11) and the employer shall grant the employee an extension.
44.031(10) 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 18 months from the commencement date of that leave.
44.031(11)An employee who amends the expected date of return to work specified in a notice under subsection (5) shall give written notice to the employer of the amended expected date
(a) at least four weeks prior to the amended expected date of return to work, or
(b) if the employee receives notice of the requirement to amend the expected return to work date less than four weeks before that date, as soon as practicable after the employee receives the notice.
44.031(12)Subject to subsection (13), if an employee gives notice of an amended expected date of return to work that is not in accordance with subsection (11), the employer may postpone the employee’s date of return to work by up to two weeks after the date on which the employee gives the notice to the employer.
44.031(13)An employer shall not postpone an employee’s date of return to work under subsection (12) if the postponement would result in a return to work date that is earlier than the amended expected return to work date of the employee.
44.031(14)When an employee reports for work on the expiration of the period of leave 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.
44.031(15)An employer who receives a request to grant or extend a leave of absence under this section may apply to the Director to be exempted from the application of this section if granting the leave or the extension
(a) would adversely affect the health or safety of the workplace or the public, or
(b) would cause the employer undue hardship.
44.031(16)The Director may grant an application made under subsection (15) if he or she is satisfied that the conditions of that subsection are met.
44.031(17)Instead of deciding an application made under subsection (15), the Director may refer the application to the Board.
44.031(18)A person affected by a decision of the Director with respect to an application made under subsection (15) may make a written request to the Director, within ten days after notice of the decision, to refer the matter to the Board.
44.031(19)Within ten days after receiving a request under subsection (18), the Director shall refer the matter to the Board.
44.031(20)A matter referred to the Board under subsection (17) or (19) shall be disposed of in accordance with section 68.
2007, c.74, s.1; 2011, c.48, s.1
Leave for reservists
44.031(1)The following definitions apply in this section.
“annual training” means the training referred to in paragraph 9.04(2) of the Queen’s Regulations and Orders for the Canadian Forces (Canada), and includes the period of time required for travel to attend that training.(instruction annuelle)
“Reserves” means the component of the Canadian Forces referred to in the National Defence Act (Canada) as the reserve force.(Réserve)
“service” means(service)
(a) deployment to a Canadian Forces operation, inside or outside Canada, or engagement, inside or outside Canada, in a pre-deployment or post-deployment activity required by the Canadian Forces in connection with such an operation, and
(b) a period of time for treatment, recovery or rehabilitation in respect of a physical or mental health problem that results from an activity referred to in paragraph (a).
44.031(2)An employer shall not dismiss, suspend or lay off an employee who is a reservist, or refuse to employ a person who is a reservist, for the sole reason that the employee or the person is a reservist.
44.031(3)On the request of an employee who is a reservist, an employer shall grant the employee a leave of absence without pay of up to 18 months for the purpose of service if,
(a) in the case of a first leave of absence, the employee has been in the employ of the employer for at least six months, or
(b) in the case of a second or subsequent leave of absence, at least 12 months have elapsed since the date the employee returned to work from the most recent leave of absence granted under this subsection.
44.031(4)On the request of an employee who is a reservist, an employer shall grant the employee a leave of absence without pay for a continuous period of up to 30 days in a calendar year, for the purpose of annual training, if the employee has been in the employ of the employer for at least six months.
44.031(5)An employee who intends to take a leave of absence under subsection (3) or (4) shall give written notice to the employer of his or her intention
(a) at least four weeks prior to the anticipated commencement date of the leave, or
(b) if the employee receives notice of the service or annual training for which the leave of absence is requested less than four weeks before the commencement date of that service or annual training, as soon as practicable after the employee receives the notice.
44.031(6)A notice under subsection (5) shall include the anticipated commencement date of the leave of absence and the employee’s expected date of return to work.
44.031(7)An employer may require the employee to provide the employer with a certificate from an official with the Reserves stating
(a) that the employee is a reservist and
(i) is selected for service, or
(ii) is required to attend annual training, and
(b) if possible, the expected start and end dates for the period of service or annual training.
44.031(8)Subject to subsections (9) and (11), if circumstances beyond the employee’s control require a change in the dates specified in a notice under subsection (5), the employee shall advise the employer of the change.
44.031(9)Subject to subsection (10), if circumstances beyond the employee’s control require a leave of absence under subsection (3) to be extended beyond the date specified in a notice under subsection (5), the employee shall provide a notice to the employer in accordance with subsection (11) and the employer shall grant the employee an extension.
44.031(10) 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 18 months from the commencement date of that leave.
44.031(11)An employee who amends the expected date of return to work specified in a notice under subsection (5) shall give written notice to the employer of the amended expected date
(a) at least four weeks prior to the amended expected date of return to work, or
(b) if the employee receives notice of the requirement to amend the expected return to work date less than four weeks before that date, as soon as practicable after the employee receives the notice.
44.031(12)Subject to subsection (13), if an employee gives notice of an amended expected date of return to work that is not in accordance with subsection (11), the employer may postpone the employee’s date of return to work by up to two weeks after the date on which the employee gives the notice to the employer.
44.031(13)An employer shall not postpone an employee’s date of return to work under subsection (12) if the postponement would result in a return to work date that is earlier than the amended expected return to work date of the employee.
44.031(14)When an employee reports for work on the expiration of the period of leave 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.
44.031(15)An employer who receives a request to grant or extend a leave of absence under this section may apply to the Director to be exempted from the application of this section if granting the leave or the extension
(a) would adversely affect the health or safety of the workplace or the public, or
(b) would cause the employer undue hardship.
44.031(16)The Director may grant an application made under subsection (15) if he or she is satisfied that the conditions of that subsection are met.
44.031(17)Instead of deciding an application made under subsection (15), the Director may refer the application to the Board.
44.031(18)A person affected by a decision of the Director with respect to an application made under subsection (15) may make a written request to the Director, within ten days after notice of the decision, to refer the matter to the Board.
44.031(19)Within ten days after receiving a request under subsection (18), the Director shall refer the matter to the Board.
44.031(20)A matter referred to the Board under subsection (17) or (19) shall be disposed of in accordance with section 68.
2007, c.74, s.1; 2011, c.48, s.1
Leave for reservists
44.031(1)In this section
“Reserves” means the component of the Canadian Forces referred to in the National Defence Act (Canada) as the reserve force;
“reservist” means a reservist on Class “C” Reserve Service within the meaning of article 9.08 of the Queen’s Regulations and Orders for the Canadian Forces (Canada);
“service” means active service or training in the Reserves.
44.031(2)An employer shall not dismiss, suspend or lay off an employee who is a reservist, or refuse to employ a person who is a reservist, for the sole reason that the employee or the person is a reservist.
44.031(3)An employer shall, upon the request of an employee who is a reservist, grant the employee a leave of absence without pay of up to eighteen months for the purpose of service if,
(a) in the case of a first leave of absence, the employee has been in the employ of the employer for at least six months, or
(b) in the case of a second or subsequent leave of absence, at least twelve months have elapsed since the date the employee returned to work from the most recent leave of absence granted under this section.
44.031(4)An employee intending to take a leave of absence under this section shall give the employer notice that is reasonable under the circumstances of the employee’s intention to take the leave, the anticipated commencement date of the leave and the expected date of return to work.
44.031(5)An employer may require that the notice under subsection (4) be in writing.
44.031(6)An employer may require the employee to provide the employer with a certificate from an official with the Reserves stating
(a) that the employee is a reservist and is selected for service, and
(b) if possible, the expected start and end dates for the period of service.
44.031(7)If the dates mentioned in the notice under subsection (4) change owing to circumstances beyond the control of the employee, the employee shall advise the employer of the change.
44.031(8)An employee on a leave of absence under this section shall give the employer reasonable notice of the expected date of return to work.
44.031(9)An employer may defer the employee’s return to work by up to two weeks after receiving the notice under subsection (8) if the notice is not reasonable.
44.031(10)Where an employee reports for work upon the expiration of the period of leave 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.
2007, c.74, s.1