Canada Labour Code — L-2 239.1
Prohibition 239.1 (1) Subject to subsection (4) and to the regulations made under this Division, no employer shall dismiss, suspend, lay off, demote or discipline an employee because of absence from work due to work-related illness or injury. Employer’s obligation (2) 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, payable at an equivalent rate to that provided for under the applicable workers’ compensation legislation in the employee’s province of permanent residence. Return to work (3) Subject to the regulations, the employer shall, where reasonably practicable, return an employee to work after the employee’s absence due to work-related illness or injury. Exception (4) 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 performed by the employee prior to the absence. Benefits continue (5) The pension, health and disability benefits and the seniority of an employee who is absent from work due to work-related illness or injury shall accumulate during the entire period of the absence. Contributions by employee (6) Where contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (5), the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any absence due to work-related illness or injury unless, at the beginning of the absence or within a reasonable time thereafter, the employee notifies the employer of the employee’s intention to discontinue contributions during that period. Contributions by employer (7) An employer who pays contributions in respect of a benefit referred to in subsection (5) shall continue to pay those contributions during an employee’s absence due to work-related illness or injury in at least the same proportion as if the employee were not absent, unless the employee does not pay the employee’s contributions, if any, within a reasonable time. Failure to pay contributions (8) For the purposes of calculating the pension, health and disability benefits of an employee in respect of whom contributions have not been paid as required by subsections (6) and (7), the benefits shall not accumulate during the absence, and employment on the employee’s return to work shall be deemed to be continuous with employment before the employee’s absence. Deemed continuous employment (9) For the purposes of calculating benefits, other than benefits referred to in subsection (5), of an employee who is absent from work due to work-related illness or injury, employment on the employee’s return to work shall be deemed to be continuous with employment before the employee’s absence. Regulations (10) The Governor in Council may make regulations for carrying out the purposes of this Division and, without restricting the generality of the foregoing, may make regulations (a) for determining the duration of the employer’s obligation under subsection (3); (b) providing terms and conditions applicable to the employer under subsections (1) and (3) in the event of any termination of employment, lay-off or discontinuance of a function in an industrial establishment; and (c) providing for any other terms and conditions respecting the application of subsection (3). Application of section 189 (11) Section 189 applies for the purposes of this Division. 1993, c. 42, s. 33; 2001, c. 34, s. 23(F)