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The Canada Labour Code provides federally regulated employees with a number of leaves as listed below. The Code establishes minimum requirements. If a collective agreement or arrangement exists providing better protections, the most favorable provisions applied.
www.canada.ca
Medical leave (unpaid) and leave for work-related illness and injury (unpaid)
As an employee, you are entitled to medical leave protection of up to:
- 17 weeks for:
- illness or injury
- organ or tissue donation, or
- attending medical appointments
- 16 weeks:
- because you have to quarantine
If a medical leave of absence is 3 days or longer, your employer may require that you provide a certificate issued by a health care practitioner. If requested, you must provide one, in writing, within 15 days of your return to work. This certificate must certify that you were unable to work for the time you were absent from work.
Medical certificates: On a temporary basis (ending on September 25, 2021), you are not required to provide a medical certificate to take this leave. This is in response to the COVID-19 emergency, as of
October 14, 2020.
However, if requested, you must provide your employer with a written declaration attesting to the fact that you were unable to work during your absence from work.
On your return to work, the employer may reassign you to another position if you are unable to perform any of your previous job functions.
The Code does not provide for paid medical leave.
Leave for work-related illness and injury (unpaid)
If you are an employee who suffers from a work-related illness or injury, you are entitled to leave.
Employers must subscribe to a plan that will replace the wages for this kind of leave. The rate will be a rate equivalent to the one provided by the provincial or territorial workers’ compensation in your province of permanent residence.
Where reasonably practicable, your employer shall return you to work after a work-related illness or injury. Your employer may reassign you to a different position, with different terms and conditions of employment, if you are unable to perform your work due to a work-related illness or injury.