GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Code — L-2 209.2
Right to benefits 209.2 (1) The pension, health and disability benefits and the seniority of any employee who takes or is required to take a leave of absence from employment under this Division shall accumulate during the entire period of the leave. Contributions by employee (2) Where contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (1), the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any leave of absence under this Division unless, before taking leave 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 (2.1) An employer who pays contributions in respect of a benefit referred to in subsection (1) shall continue to pay those contributions during an employee’s leave of absence under this Division in at least the same proportion as if the employee were not on leave unless the employee does not pay the employee’s contributions, if any, within a reasonable time. Failure to pay contributions (3) 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 (2) and (2.1), the benefits shall not accumulate during the leave of 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 (4) For the purposes of calculating benefits of an employee who takes or is required to take a leave of absence from employment under this Division, other than benefits referred to in subsection (1), employment on the employee’s return to work shall be deemed to be continuous with employment before the employee’s absence. R.S., 1985, c. 9 (1st Supp.), s. 10, c. 43 (3rd Supp.), s. 1; 2001, c. 34, s. 21(F)
Canada Labour Code — L-2 209.21
Effect of leave 209.21 Notwithstanding the provisions of any income-replacement scheme or any insurance plan in force at the workplace, an employee who takes a leave of absence under this Division is entitled to benefits under the scheme or plan on the same terms as any employee who is absent from work for health-related reasons and is entitled to benefits under the scheme or plan. 1993, c. 42, s. 30
Canada Labour Code — L-2 209.22
Status of certificate 209.22 A certificate issued by a health care practitioner under this Division is conclusive proof of the statements contained in it. 1993, c. 42, s. 30 2018, c. 27, s. 475
Canada Labour Code — L-2 209.3
Prohibition 209.3 (1) No employer shall dismiss, suspend, lay off, demote or discipline an employee because the employee is pregnant or has applied for leave of absence in accordance with this Division or take into account the pregnancy of an employee or the intention of an employee to take leave of absence from employment under this Division in any decision to promote or train the employee. Prohibition (2) The prohibitions set out in subsection (1) also apply in respect of an employee who has taken a leave of absence under any of sections 206.3 to 206.9. R.S., 1985, c. 9 (1st Supp.), s. 10; 2003, c. 15, s. 28; 2012, c. 27, s. 9 2017, c. 33, s. 208 2018, c. 27, s. 476
Canada Labour Code — L-2 209.4
Regulations 209.4 The Governor in Council may make regulations (a) specifying the absences from employment that are deemed not to have interrupted continuous employment referred to in any of sections 206.51 to 206.8; (a.1) [Repealed, 2017, c. 20, s. 267] (a.2) prescribing the maximum number of periods of leave of absence that an employee may take under any of sections 206.3 to 206.5; (b) specifying what does, or does not, constitute an essential function of a job referred to in section 208; (c) specifying what does not constitute a valid reason for not reinstating an employee in the position referred to in subsection 209.1(2); (d) enlarging the meaning of care and support in subsections 206.3(1) and 206.4(1), and of critically ill adult and critically ill child in subsection 206.4(1); (e) prescribing other persons to be included in the meanings of family member in subsections 206.3(1) and 206.4(1); (e.1) adapting the terminology of the definitions of care , critically ill adult , critically ill child , family member and support in the regulations made under the Employment Insurance Act for the purposes of the definitions of those terms in subsections 206.3(1) and 206.4(1) of this Act; (f) prescribing offences to be excluded from the definition of crime in subsection 206.5(1) and prescribing other persons to be included in the definition of parent in that subsection; (g) prescribing shorter periods of consecutive months of continuous employment for the purposes of subsections 206.51(6), 206.6(2), 206.7(2.1) and 206.8(1); (h) prescribing cases, other than the one set out in subsection 206.5(4), in which an employee is not entitled to a leave of absence and cases in which an employee is entitled to a leave of absence even if they are charged with the crime; (h.1) defining family violence for the purposes of section 206.7; (h.2) prescribing cases, other than those set out in subsection 206.7(3), in which an employee is not entitled to a leave of absence and cases in which, despite that subsection, an employee is entitled to a leave of absence under subsection 206.7(2); (h.3) prescribing documentation that the employer may request under any of subsections 206.6(4), 206.7(5) and 206.8(3); (i) prescribing documentation that the employer may require under subsection 207.3(4); (j) specifying the circumstances in which a leave under this Division may be interrupted; and (k) extending the period within which a leave under this Division may be taken. R.S., 1985, c. 9 (1st Supp.), s. 10; 1993, c. 42, s. 31; 2003, c. 15, s. 29; 2012, c. 27, s. 10; 2014, c. 20, s. 246; 2017, c. 20, s. 267 2017, c. 33, s. 209 2018, c. 27, s. 477 2018, c. 27, s. 515 2023, c. 26, s. 283 2024, c. 15, s. 200
Canada Labour Code — L-2 209.5
Application of section 189 209.5 Section 189 applies for the purposes of this Division. R.S., 1985, c. 9 (1st Supp.), s. 10
Canada Labour Code — L-2 210.1
Right to notice of employment opportunities 210.1 An employee who takes a leave of absence from employment under this Division is entitled, on written request, to be informed in writing of every employment, promotion or training opportunity that arises during the period when the employee is on the leave of absence and for which the employee is qualified, and on receiving the request, every employer of the employee shall inform the employee accordingly. 2024, c. 15, s. 202
Canada Labour Code — L-2 210.2
Resumption of employment in same position 210.2 (1) An employee who takes a leave of absence from employment under this Division is entitled to be reinstated in the position that the employee occupied when the leave of absence commenced, and the employer of the employee shall reinstate the employee in that position at the end of the leave. Comparable position (2) If for any valid reason an employer cannot reinstate an employee in the position referred to in subsection (1), the employer shall reinstate the employee in a comparable position with the same wages and benefits and in the same location. Wages and benefits affected by reorganization (3) If an employee takes leave under this Division and, during the period of that leave, the wages and benefits of the group of employees of which that employee is a member are changed as part of a plan to reorganize the industrial establishment in which that group is employed, that employee is entitled, on being reinstated in employment under this section, to receive the wages and benefits in respect of that employment that the employee would have been entitled to receive had they been working when the reorganization took place. Notice of changes in wages and benefits (4) The employer of every employee who is on a leave of absence under this Division and whose wages and benefits would be changed as a result of a reorganization referred to in subsection (3) shall notify the employee in writing of that change as soon as possible. 2024, c. 15, s. 202
Canada Labour Code — L-2 210.3
Right to benefits 210.3 (1) The pension, health and disability benefits and the seniority of any employee who takes a leave of absence from employment under this Division accumulate during the entire period of the leave. Contributions by employee (2) If contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (1), the employee is responsible for and shall, within a reasonable time, pay those contributions for the period of any leave of absence under this Division unless, before or within a reasonable time after taking the leave, the employee notifies the employer of the employee’s intention to discontinue contributions during that period. Contributions by employer (3) An employer who pays contributions in respect of a benefit referred to in subsection (1) shall continue to pay those contributions during an employee’s leave of absence under this Division in at least the same proportion as if the employee were not on leave unless the employee does not pay the employee’s contributions, if any, within a reasonable time. Failure to pay contributions (4) 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 under subsections (2) and (3), the benefits do not accumulate during the leave of absence and employment on the employee’s return to work is deemed to be continuous with employment before the employee’s absence. Deemed continuous employment (5) For the purposes of calculating benefits, other than benefits referred to in subsection (1), of an employee who takes a leave of absence under this Division, employment on the employee’s return to work is deemed to be continuous with employment before the employee’s absence. 2024, c. 15, s. 202
Canada Labour Code — L-2 210.4
Effect of leave 210.4 Despite the provisions of any income-replacement scheme or any insurance plan in force at the workplace, an employee who takes a leave of absence from employment under this Division is entitled to benefits under the scheme or plan on the same terms as any employee who is absent from work for health-related reasons and is entitled to benefits under the scheme or plan. 2024, c. 15, s. 202
Canada Labour Code — L-2 210.5
Prohibition 210.5 No employer shall (a) dismiss, suspend, lay off, demote or discipline an employee because the employee applies for, intends to take or has taken a leave of absence from employment under this Division; or (b) take into account the fact that an employee applies for, intends to take or has taken a leave of absence from employment under this Division in any decision to promote or train that employee. 2024, c. 15, s. 202
Canada Labour Code — L-2 210.6
Regulations 210.6 The Governor in Council may make regulations (a) defining the expression “immediate family” for the purposes of subsection 210(1); (b) for the purposes of subsection 210(2), (i) defining the expressions “regular rate of wages” and “normal hours of work”, and (ii) prescribing shorter periods of consecutive months of continuous employment; (c) specifying what does not constitute a valid reason for not reinstating an employee in the position referred to in subsection 210.2(2); (d) for the purposes of this Division, specifying the absences from employment that are deemed not to have interrupted continuity of employment; (e) specifying the circumstances in which a leave under this Division may be interrupted; and (f) extending the period within which a leave under this Division may be taken. 2024, c. 15, s. 202
Canada Labour Code — L-2 211
Definitions 211 In this Division, joint planning committee means a committee established pursuant to section 214; ( comité mixte ) redundant employee means an employee whose employment is to be terminated pursuant to a notice under section 212; ( surnuméraire ) trade union means a trade union that is certified under Part I to represent any redundant employee or that is recognized by an employer of any redundant employee as the bargaining agent for that employee. ( syndicat ) 1980-81-82-83, c. 89, s. 31
Canada Labour Code — L-2
joint planning committee means a committee established pursuant to section 214; ( comité mixte )
Canada Labour Code — L-2
redundant employee means an employee whose employment is to be terminated pursuant to a notice under section 212; ( surnuméraire )
Canada Labour Code — L-2
trade union means a trade union that is certified under Part I to represent any redundant employee or that is recognized by an employer of any redundant employee as the bargaining agent for that employee. ( syndicat )
Canada Labour Code — L-2 212
Notice of group termination 212 (1) Any employer who terminates, either simultaneously or within any period not exceeding four weeks, the employment of a group of 50 or more employees employed by the employer within a particular industrial establishment, or of such lesser number of employees as prescribed by regulations applicable to the employer made under paragraph 227(b), shall, in addition to any notice required to be given under section 230, give notice to the Head, in writing, of his intention to so terminate at least 16 weeks before the date of termination of the employment of the employee in the group whose employment is first to be terminated. Copies of notice (2) A copy of any notice given to the Head under subsection (1) must be given immediately by the employer to the Minister of Employment and Social Development and the Canada Employment Insurance Commission and any trade union representing a redundant employee, and if any redundant employee is not represented by a trade union, a copy of that notice must be given to the employee or immediately posted by the employer in a conspicuous place within the industrial establishment in which that employee is employed. Contents of notice (3) A notice referred to in subsection (1) shall set out (a) the date or dates on which the employer intends to terminate the employment of any one or more employees; (b) the estimated number of employees in each occupational classification whose employment will be terminated; and (c) such other information as is prescribed by the regulations. Where employer deemed to terminate employment (4) Except where otherwise prescribed by regulation, an employer shall, for the purposes of this Division, be deemed to have terminated the employment of an employee where the employer lays off that employee. R.S., 1985, c. L-2, s. 212; 1996, c. 11, s. 67; 2005, c. 34, s. 80; 2013, c. 40, s. 238 2018, c. 27, s. 574
Canada Labour Code — L-2 213
Cooperation with Commission 213 (1) An employer who gives notice to the Head under section 212 and any trade union to which a copy of that notice is given must give the Canada Employment Insurance Commission any information requested by it for the purpose of assisting any redundant employee and must cooperate with the Commission to facilitate the re-establishment in employment of that employee. Statement of benefits (2) An employer who gives notice to the Head under section 212 shall give each redundant employee, as soon as possible after the notice is so given but in any case not later than two weeks before the date of the termination of the employment of the employee, a statement in writing setting out, as at the date of the statement, his vacation benefits, wages, severance pay and any other benefits and pay arising from his employment with that employer. R.S., 1985, c. L-2, s. 213; 1996, c. 11, s. 99 2018, c. 27, s. 575
Canada Labour Code — L-2 214
Establishment of joint planning committee 214 (1) An employer who gives notice to the Head under section 212 must, as soon as possible after giving the notice, establish a joint planning committee consisting of any number of members that is required or permitted by this section and sections 215 and 217. Minimum number of members (2) A joint planning committee established under subsection (1) shall consist of at least four members. Appointment of members (3) At least half of the members of a joint planning committee shall be appointed, in accordance with subsections 215(1), (2) and (3), as representatives of the redundant employees and the rest of the members shall be appointed, in accordance with subsection 215(5), as representatives of the employer. R.S., 1985, c. L-2, s. 214 2018, c. 27, s. 576
Canada Labour Code — L-2 215
Employee representatives 215 (1) Where all redundant employees are represented by a trade union or trade unions, each trade union is entitled to appoint at least one member of the joint planning committee as a representative of the redundant employees it represents. Idem (2) Where no redundant employees are represented by a trade union, the employees are entitled to appoint all the members of a joint planning committee who are to be their representatives. Idem (3) Where some but not all redundant employees are represented by a trade union or trade unions, (a) each trade union is entitled to appoint at least one member of a joint planning committee as a representative of the redundant employees it represents; and (b) the employees that are not represented by a trade union are entitled to appoint at least one member of a joint planning committee as their representative. Election (4) Each person appointed as a member of a joint planning committee pursuant to subsection (2) or paragraph (3)(b) shall be elected by the redundant employees entitled to appoint the member. Employer representatives (5) An employer is entitled to appoint, as his representatives on a joint planning committee, a number of members not exceeding the number of members to be appointed to the committee pursuant to subsections (1), (2) and (3). 1980-81-82-83, c. 89, s. 32
Canada Labour Code — L-2 216
Time for appointment 216 The members of a joint planning committee must be appointed and must convene for their first sitting within two weeks after the date of the notice given to the Head under section 212. R.S., 1985, c. L-2, s. 216 2018, c. 27, s. 577
Canada Labour Code — L-2 217
Failure to appoint 217 If a trade union fails, or redundant employees fail, to appoint a member to a joint planning committee as provided in sections 214 and 215, the Head may, on application of any redundant employee, appoint a member to the committee in lieu of that trade union or those employees, as the case may be, and that member is a representative of the redundant employees represented by the trade union or of the redundant employees who failed to appoint the member, as the case may be. R.S., 1985, c. L-2, s. 217 2018, c. 27, s. 577
Canada Labour Code — L-2 218
Notice of membership 218 On completion of the appointment of the members of a joint planning committee, the employer shall post the names of those members in a conspicuous place within the industrial establishment in which the redundant employees are employed. 1980-81-82-83, c. 89, s. 32
Canada Labour Code — L-2 219
Procedure 219 (1) Subject to this Division, a joint planning committee may determine its own procedure. Co-chairpersons (2) The members of a joint planning committee shall elect from among themselves two co-chairpersons, one being a representative of the redundant employees selected by their representatives and the other being a representative of the employer selected by his representatives. Sittings (3) The co-chairpersons of a joint planning committee may, after consultation with the other members of the committee, fix the time and place of its sittings and shall notify the members of the time and place so fixed. Quorum (4) A majority of the members of a joint planning committee in office, at least half of which majority are representatives of the redundant employees, constitutes a quorum, but the members shall not proceed in the absence of any member of the committee at any sitting unless the absent member has been given reasonable notice of the sitting. Vacancy (5) Where any vacancy occurs in the membership of a joint planning committee before the committee has completed its work, the vacancy shall be filled forthwith in the manner provided in this Division for the selection of the person who vacated that membership. Idem (6) A vacancy in the membership of a joint planning committee does not invalidate the constitution of the committee or impair the right of the members of the committee in office to act, if the number of those members is not less than a quorum. Decision (7) A decision or other act or thing taken or done by a majority of the members of a joint planning committee present at a sitting of the committee, if the members present constitute a quorum, shall be deemed to have been taken or done by the committee. R.S., 1985, c. L-2, s. 219; 1998, c. 26, s. 61(E)
Canada Labour Code — L-2 220
Wages 220 A member of a joint planning committee is entitled to such time from work as is necessary to attend sittings of the committee or to carry out any other functions as such a member, and any time spent by the member in carrying out any functions as a member shall, for the purpose of calculating wages owing to the member, be deemed to have been spent at his work. 1980-81-82-83, c. 89, s. 32
Canada Labour Code — L-2 221
Object of joint planning committee 221 (1) It is the object of a joint planning committee to develop an adjustment program to (a) eliminate the necessity for the termination of employment; or (b) minimize the impact of the termination of employment on the redundant employees and to assist those employees in obtaining other employment. Scope of matters considered (2) In attaining its object under subsection (1), a joint planning committee may, unless the members of the committee agree otherwise, deal only with such matters as are normally the subject-matter of collective agreement in relation to the termination of employment. Reasonable effort (3) The members of a joint planning committee shall cooperate and make every reasonable effort to develop an adjustment program as expeditiously as possible. Cooperation with committee (4) The employer and any trade union or redundant employees who appointed the members of a joint planning committee shall cooperate with and assist the committee in developing an adjustment program. 1980-81-82-83, c. 89, s. 32
Canada Labour Code — L-2 222
Supplying of information 222 (1) The employer and any trade union or redundant employees who appointed the members of a joint planning committee shall, on request of any member of the committee, forthwith provide the committee with such personal information relating to any redundant employee as the committee may reasonably require for its work. Head (2) The Head may (a) monitor and, on request, assist in the establishment and operation of a joint planning committee; and (b) attend any sittings of a joint planning committee as an observer. R.S., 1985, c. L-2, s. 222 2018, c. 27, s. 578
Canada Labour Code — L-2 223
Application to Minister for arbitrator 223 (1) Where all members of a joint planning committee who are representatives of the redundant employees agree to do so or where all members of a joint planning committee who are representatives of the employer agree to do so, those members may, after six weeks from the date of the notice to the Minister under section 212, apply jointly to the Minister for the appointment of an arbitrator if (a) the committee has not then completed developing an adjustment program; or (b) the committee has completed developing an adjustment program, but those members are not satisfied with the program or any part of the program. Form and contents of application (2) An application under subsection (1) shall be in writing and signed by the members making the application and shall set out the matters, if any, in dispute respecting the adjustment program. 1980-81-82-83, c. 89, s. 32