Part III of the Canada Labour Code (Labour
Standards)
The Canada Labour Code provides for leave for illness
or injury in Division XIII and for work related illness and injury
in Division XIII.1 of Part III.
The following questions and answers will be of interest to
employers and employees under federal jurisdiction. Pamphlet 1 of
this series describes the types of businesses covered by the Code.
It is available from any Labour Program office of Human Resources
Development Canada and on the HRDC website.
Sick Leave
1. What are the sick leave provisions of the Code?
Generally, the Code provides protection against
dismissal, lay-off, suspension, demotion or discipline because of
absence due to illness or injury.
2. Who is entitled to sick leave protection?
Employees who have completed three consecutive months of
employment with the same employer.
3. For how long is an employee protected?
An employee is protected for any absence not exceeding 12
weeks.
4. Is a doctor's certificate required?
Yes. If the employer requests in writing a medical certificate
within 15 days of an employee's return to work, the employee must
provide one.
5. Is the employer required to continue salary payments
while the employee is absent?
No. The Code provides job security only. There is no
provision for paid leave of absence. Some employees, however, may
be entitled to cash benefits under the Employment Insurance
Act.
Information about eligibility and benefits may be obtained at
any Human Resource Center of Canada.
6. Is the employer required to maintain employee
benefit plans during absences under this provision?
Yes. Pension, health and disability benefits, and seniority
continue to accrue during an employee's absence. The employee is
responsible for any contributions normally required and must pay
them within a reasonable time. The employer must continue to pay
the same share of contributions as if the employee were not on
leave, provided the employee makes the required contributions.
7. What happens if the employee does not make the
required contributions? Does it affect the employee's employment
status with the employer?
If the employee does not make the required contributions, the
employer is not obliged to pay the employer's portion. It should
be noted that failure to pay may affect the benefit plans
themselves. Consequently, employees should find out from their
employer the impact of non payment. Nonetheless, failure to pay
does not affect an employee's status with the employer. Service
after the employee's return to work is deemed to be continuous
with service prior to the absence.
Work-Related Illness and Injury
8. Who is entitled to leave due to a work-related
illness or injury?
Any employee who has suffered a work-related illness or injury
is entitled to leave. The employer may not dismiss, lay-off,
demote or discipline any employee because of an absence of this
nature.
9. What is an employer's obligation to an employee who
has a work related illness or injury?
Every employer shall subscribe to a plan that provides an
employee who is absent from work due to work-related illness or
injury with wage replacement. Such a wage replacement is payable
at an equivalent rate to that provided under the applicable
workers' compensation legislation in the employee's province of
permanent residence.
10. Is the employer obliged to return an employee to
work after the work-related illness or injury?
Yes. Subject to the Regulations, the employer shall, where
reasonably practicable, return an employee to work.
11. Under which circumstances may an employer reassign
an employee after an absence due to work-related illness or
injury?
An employer may assign to a different position, with different
terms and conditions of employment, any employee who, after an
absence due to work-related illness or injury, is unable to
perform the work done prior to the absence.
12. Do benefits continue while an employee is absent
due to work related illness or injury?
Yes. See questions 6 and 7 of this pamphlet.
For information only. For interpretation and application
purposes, please refer to Part III of the Canada Labour Code
(Labour Standards), the Canada Labour Standards Regulations
and relevant amendments.
Additional copies of this publication can be obtained
from:
Public Enquiries Centre
Human Resources Development Canada
140 Promenade du Portage, Phase IV, Level 0
Gatineau, Quebec
K1A 0J9
Fax (819) 953-7260
www.hrdc-drhc.gc.ca
�Her Majesty the Queen in Right of Canada, 2002
Cat. No. MP43-345/7-2002
ISBN 0-662-66795-6
