GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Code — L-2 187.1
Interruption 187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1) or 239.1(1). Application of section 209.1 (2) If an employee interrupts a vacation to take leave under any of sections 205.1, 206, 206.1 and 206.3 to 206.9 and resumes the vacation immediately at the end of that leave, section 209.1 applies to them as if they did not resume the vacation before returning to work. Application of section 210.2 (2.1) If an employee interrupts a vacation to take leave under Division VIII and resumes the vacation immediately at the end of that leave, section 210.2 applies to them as if they did not resume the vacation before returning to work. Application of subsection 239(7) (3) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239(1) and resumes the vacation immediately at the end of that leave, subsection 239(7) applies to them as if they did not resume the vacation before returning to work. (3.1) [Repealed, 2021, c. 26, s. 20] Application of subsections 239.1(3) and (4) (4) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239.1(1) and resumes the vacation immediately at the end of that leave, subsections 239.1(3) and (4) apply to them as if they did not resume the vacation before returning to work. Application of sections 247.93 to 247.95 (5) If an employee interrupts a vacation to take leave under section 247.5 and resumes the vacation immediately at the end of that leave, sections 247.93 to 247.95 apply to that employee as if they did not resume the vacation before returning to work. Notice to employer — interruption of vacation (6) An employee who intends to interrupt their vacation shall provide the employer with written notice of the interruption before or as soon as possible after the interruption begins. Notice to employer — resumption of vacation (7) An employee who interrupts their vacation and who intends to resume it immediately after the interruption ends shall provide the employer with written notice of the day on which they resume their vacation before or as soon as possible after that day. 2017, c. 33, s. 202 2018, c. 27, s. 455 2018, c. 27, s. 533 2020, c. 5, s. 37 2020, c. 12, s. 4.1 2021, c. 23, s. 340 2021, c. 23, s. 345 2021, c. 26, s. 20 2021, c. 26, s. 26 2024, c. 15, s. 197
Canada Labour Code — L-2 187.2
Postponement 187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1) or 239.1(1), ends. Notice to employer (2) An employee who intends to postpone their vacation shall, as soon as possible, provide the employer with prior written notice of the postponement. 2017, c. 33, s. 202 2020, c. 5, s. 38 2020, c. 12, s. 4.2 2021, c. 23, s. 341 2021, c. 23, s. 345 2021, c. 26, s. 21 2021, c. 26, s. 26
Canada Labour Code — L-2 188
Termination of employment during year 188 When an employee ceases to be employed, the employer shall pay to the employee within 30 days after the day on which the employee ceases to be employed (a) any vacation pay then owing by the employer to the employee under this Division in respect of any prior completed year of employment; and (b) the applicable percentage, under section 184.01, of the wages of the employee during any part of the completed portion of their year of employment in respect of which vacation pay has not been paid to them. R.S., 1985, c. L-2, s. 188; 2012, c. 31, s. 219 2018, c. 27, s. 456
Canada Labour Code — L-2 190
Regulations in relation to annual vacations 190 The Governor in Council may make regulations for carrying out the purposes and provisions of this Division and, without restricting the generality of the foregoing, may make regulations (a) defining the circumstances and conditions under which the rights of an employee under this Division may be waived or the enjoyment thereof postponed; (b) prescribing the notices to be given to employees of the times when vacations may be taken; (c) prescribing the time when vacation pay shall be paid; (d) defining the absences from employment that shall be deemed not to have interrupted continuity of employment; (e) respecting the determination by the employer of a year of employment in relation to any industrial establishment; (f) for the calculation and determination of vacation and vacation pay in the case of seasonal or temporary employees or in other suitable cases; (g) providing for the granting of vacation or the payment of vacation pay in the event of temporary cessation of employment; and (h) providing for the application of this Division where, owing to illness or other unavoidable absence, an employee has been absent from his employment. R.S., 1985, c. L-2, s. 190; 1993, c. 42, s. 20
Canada Labour Code — L-2 191
Definitions 191 The following definitions apply in this Division. employed in a continuous operation means, in respect of an employee, employment in (a) any industrial establishment in which, in each seven-day period, operations once begun normally continue without cessation until the completion of the regularly scheduled operations for that period; (b) any operations or services concerned with the running of trains, planes, ships, trucks or other vehicles, whether in scheduled or non-scheduled operations; (c) any telephone, radio, television, telegraph or other communication or broadcasting operations or services; or (d) any operation or service normally carried on without regard to Sundays or general holidays. ( occupé à un travail ininterrompu ) holiday pay means pay calculated in accordance with section 196. ( indemnité de congé ) holiday with pay means a holiday for which an employee is entitled to holiday pay. ( congé payé ) R.S., 1985, c. L-2, s. 191; 2012, c. 31, s. 220
Canada Labour Code — L-2 (a)
employed in a continuous operation means, in respect of an employee, employment in (a) any industrial establishment in which, in each seven-day period, operations once begun normally continue without cessation until the completion of the regularly scheduled operations for that period; (b) any operations or services concerned with the running of trains, planes, ships, trucks or other vehicles, whether in scheduled or non-scheduled operations; (c) any telephone, radio, television, telegraph or other communication or broadcasting operations or services; or (d) any operation or service normally carried on without regard to Sundays or general holidays. ( occupé à un travail ininterrompu )
Canada Labour Code — L-2
holiday pay means pay calculated in accordance with section 196. ( indemnité de congé )
Canada Labour Code — L-2
holiday with pay means a holiday for which an employee is entitled to holiday pay. ( congé payé )
Canada Labour Code — L-2 192
Entitlement to holidays 192 Except as otherwise provided by this Division, every employee is entitled to and shall be granted a holiday with pay on each of the general holidays falling within any period of his employment. R.S., c. L-1, s. 48
Canada Labour Code — L-2 193
General holiday falling on day off 193 (1) Except as otherwise provided by this Division and subject to subsection (2), when a general holiday falls on a day that is a non-working day for an employee, the employee is entitled to and shall be granted a holiday with pay at some other time, which may be by way of addition to his annual vacation or granted as a holiday with pay at a time convenient to both the employee and the employer. Alternative day for holiday falling on non-working Saturday or Sunday (2) Except as otherwise provided by this Division, when New Year’s Day, Canada Day, National Day for Truth and Reconciliation, Remembrance Day, Christmas Day or Boxing Day falls on a Sunday or Saturday that is a non-working day, the employee is entitled to and shall be granted a holiday with pay on the working day immediately preceding or following the general holiday. R.S., 1985, c. L-2, s. 193 2021, c. 11, s. 5
Canada Labour Code — L-2 194
Exemption under collective agreement 194 Section 193 does not apply in respect of any employees who are employed under the terms of a collective agreement that entitles those employees to at least nine holidays with pay, exclusive of any annual vacation, in each year. R.S., c. L-1, s. 50; 1977-78, c. 27, s. 15
Canada Labour Code — L-2 195
Substitution — employees subject to collective agreement 195 (1) An employer may, in respect of one or more employees subject to a collective agreement, substitute any other day for a general holiday if the substitution is agreed to in writing by the employer and the trade union, and the substituted day shall, for that employee or those employees, be deemed to be a general holiday for the purposes of this Part. Substitution — employees not subject to collective agreement (2) Subject to subsection (3), an employer may, in respect of one or more employees not subject to a collective agreement, substitute any other day for a general holiday and the substituted day shall, for that employee or those employees, be deemed to be a general holiday for the purposes of this Part, if the substitution has been approved (a) in the case of a substitution that affects one employee, by that employee in writing; or (b) in the case of a substitution that affects more than one employee, by at least 70% of the affected employees. Posting of notice (3) If any other day is to be substituted for a general holiday under subsection (2), the employer shall post a notice of the substitution in readily accessible places where it is likely to be seen by the affected employees, for at least 30 days before the substitution takes effect. Exception (4) Subsection (3) does not apply to a substitution in respect of one employee following a request made under subsection 177.1(1). R.S., 1985, c. L-2, s. 195; 1993, c. 42, s. 21 2017, c. 33, s. 203
Canada Labour Code — L-2 195.1
Voting, duration 195.1 Sections 172.1 and 172.2 apply, with such modifications as the circumstances require, in respect of the substitution of a general holiday pursuant to this Division. 1993, c. 42, s. 21
Canada Labour Code — L-2 196
Holiday pay 196 (1) Subject to subsections (2) and (4), an employer shall, for each general holiday, pay an employee holiday pay equal to at least one twentieth of the wages, excluding overtime pay, that the employee earned with the employer in the four-week period immediately preceding the week in which the general holiday occurs. Employees on commission (2) An employee whose wages are paid in whole or in part on a commission basis and who has completed at least 12 weeks of continuous employment with an employer shall, for each general holiday, be paid holiday pay equal to at least one sixtieth of the wages, excluding overtime pay, that they earned in the 12-week period immediately preceding the week in which the general holiday occurs. (3) [Repealed, 2018, c. 27, s. 458] Continuous operation employee not reporting for work (4) An employee who is employed in a continuous operation is not entitled to holiday pay for a general holiday (a) on which they do not report for work after having been called to work on that day; or (b) for which they make themselves unavailable to work when the conditions of employment in the industrial establishment in which they are employed (i) require them to be available, or (ii) allow them to make themselves unavailable. (5) [Repealed, 2018, c. 27, s. 458] R.S., 1985, c. L-2, s. 196; 2012, c. 31, s. 221 2018, c. 27, s. 458
Canada Labour Code — L-2 197
Additional pay for holiday work 197 (1) An employee who is required to work on a day on which they are entitled to holiday pay shall be paid, in addition to the holiday pay for that day, wages at a rate equal to at least one and one-half times their regular rate of wages for the time that they work on that day. Employment in continuous operation (2) An employee employed in a continuous operation who is required to work on a day on which they are entitled to holiday pay shall (a) be paid in accordance with subsection (1); (b) be given a holiday with pay at some other time, either by adding it to their annual vacation or by granting it at a time convenient to both the employee and the employer; or (c) be paid holiday pay for the first day on which they do not work after that day, if a collective agreement that is binding on the employer and the employee so provides. (3) [Repealed, 2018, c. 27, s. 459] R.S., 1985, c. L-2, s. 197; 1993, c. 42, s. 22(F); 2001, c. 34, s. 18(F); 2012, c. 31, s. 221 2018, c. 27, s. 459
Canada Labour Code — L-2 199
Holiday work for managers, etc. 199 Despite section 197, an employee excluded from the application of Division I under subsection 167(2) who is required to work on a day on which they are entitled to holiday pay shall be given a holiday with pay at some other time, either by adding it to their annual vacation or by granting it at a time convenient to both the employee and the employer. R.S., 1985, c. L-2, s. 199; 2012, c. 31, s. 222
Canada Labour Code — L-2 200
Holiday pay deemed to be wages 200 Holiday pay granted to an employee is for all purposes deemed to be wages. R.S., 1985, c. L-2, s. 200; 2012, c. 31, s. 222
Canada Labour Code — L-2 201
Application of section 189 201 Section 189 applies for the purposes of this Division. R.S., 1985, c. L-2, s. 201; R.S., 1985, c. 9 (1st Supp.), s. 8; 1993, c. 42, s. 24; 2012, c. 31, s. 222
Canada Labour Code — L-2 203
Definition of multi-employer employment 203 (1) In this Division, multi-employer employment , as more particularly defined by the regulations, means employment in any occupation or trade in which, by custom of that occupation or trade, any or all employees would in the usual course of a working month be ordinarily employed by more than one employer. Regulations (2) The Governor in Council may make regulations (a) defining more particularly the expression “multi-employer employment”; and (b) modifying, to the extent that the Governor in Council considers necessary, the provisions of Division I.1, IV, V, VII, VIII, X, XI, XIII or XIV so that, as far as practicable, employees engaged in multi-employer employment will be entitled to the same rights and benefits under that Division as employees employed by one employer. Idem, application (3) Any regulation made pursuant to subsection (2) may be made applicable to all federal works, undertakings or businesses or particularly to one or more such works, undertakings or businesses or such classes thereof or classes of employees thereof as may be specified in the regulations. R.S., 1985, c. L-2, s. 203; R.S., 1985, c. 9 (1st Supp.), s. 9 2017, c. 33, s. 204
Canada Labour Code — L-2 204
Reassignment and job modification 204 (1) An employee who is pregnant or nursing may, during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, request the employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current job functions may pose a risk to her health or to that of the foetus or child. Certificate (2) An employee’s request under subsection (1) must be accompanied by a certificate from a health care practitioner of the employee’s choice indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. R.S., 1985, c. L-2, s. 204; R.S., 1985, c. 9 (1st Supp.), s. 9; 1993, c. 42, s. 26 2018, c. 27, s. 463
Canada Labour Code — L-2 205
Employer’s obligations 205 (1) An employer to whom a request has been made under subsection 204(1) shall examine the request in consultation with the employee and, where reasonably practicable, shall modify the employee’s job functions or reassign her. Rights of employee (2) An employee who has made a request under subsection 204(1) is entitled to continue in her current job while the employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to and shall be granted a leave of absence with pay at her regular rate of wages until the employer (a) modifies her job functions or reassigns her, or (b) informs her in writing that it is not reasonably practicable to modify her job functions or reassign her, and that pay shall for all purposes be deemed to be wages. Onus of proof (3) The onus is on the employer to show that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the certificate issued under subsection 204(2) is not reasonably practicable. Employee to be informed (4) If the employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the certificate is not reasonably practicable, the employer shall so inform the employee in writing. Status of employee (5) An employee whose job functions are modified or who is reassigned shall be deemed to continue to hold the job that she held at the time of making the request under subsection 204(1), and shall continue to receive the wages and benefits that are attached to that job. Employee’s right to leave (6) An employee referred to in subsection (4) is entitled to and shall be granted a leave of absence for the duration of the risk as indicated in the certificate. R.S., 1985, c. L-2, s. 205; R.S., 1985, c. 9 (1st Supp.), s. 9; 1993, c. 42, s. 26 2018, c. 27, s. 464
Canada Labour Code — L-2 205.1
Entitlement to leave 205.1 An employee who is pregnant or nursing is entitled to and shall be granted a leave of absence during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, if she provides the employer with a certificate issued by a health care practitioner of her choice indicating that she is unable to work by reason of the pregnancy or nursing and indicating the duration of that inability. 1993, c. 42, s. 26 2018, c. 27, s. 465
Canada Labour Code — L-2 205.2
Employee’s duty to inform employer 205.2 An employee whose job functions have been modified, who has been reassigned or who is on a leave of absence shall give at least two weeks’ notice in writing to the employer of any change in the duration of the risk or in the inability as indicated in the certificate issued by a health care practitioner, unless there is a valid reason why that notice cannot be given, and the notice must be accompanied by a new certificate. 1993, c. 42, s. 26 2018, c. 27, s. 465
Canada Labour Code — L-2 206
Entitlement to leave 206 (1) Every employee is entitled to and shall be granted a leave of absence from employment of up to 17 weeks, which leave may begin not earlier than 13 weeks prior to the estimated date of her confinement and end not later than 17 weeks following the actual date of her confinement, if the employee provides her employer with a certificate of a health care practitioner certifying that she is pregnant. Extension of period (1.1) If the confinement has not occurred during the 17 weeks of her leave of absence, the leave of absence is extended until the date of her confinement. Extension of period — child in hospital (2) If, during the period of 17 weeks following the date of confinement, the child who was born is hospitalized, the period is extended by the number of weeks during which the child is hospitalized. Limitation (3) An extension under subsection (2) must not result in the period being longer than 52 weeks. R.S., 1985, c. L-2, s. 206; R.S., 1985, c. 9 (1st Supp.), s. 10; 1993, c. 42, s. 26; 2012, c. 27, s. 3; 2017, c. 20, s. 259 2018, c. 27, s. 466
Canada Labour Code — L-2 206.2
Aggregate leave — maternity and parental 206.2 The aggregate amount of leave that may be taken by more than one employee under sections 206 and 206.1 in respect of the same birth shall not exceed 86 weeks, but the aggregate amount of leave that may be taken by one employee under those sections in respect of the same birth shall not exceed 78 weeks. 2000, c. 14, s. 42; 2017, c. 20, s. 261 2018, c. 27, s. 311
Canada Labour Code — L-2 206.4
Definitions 206.4 (1) For the purposes of this section, care , critically ill adult , critically ill child , family member and support have, subject to the regulations, the same meanings as in the regulations made under the Employment Insurance Act and week has the same meaning as in subsection 206.3(1). Leave — 37 weeks (2) Every employee who is a family member of a critically ill child is entitled to and shall be granted a leave of absence from employment of up to 37 weeks in order to care for or support that child if a health care practitioner has issued a certificate that (a) states that the child is a critically ill child and requires the care or support of one or more of their family members; and (b) sets out the period during which the child requires that care or support. Leave — 17 weeks (2.1) Every employee who is a family member of a critically ill adult is entitled to and shall be granted a leave of absence from employment of up to 17 weeks in order to care for or support that adult if a health care practitioner has issued a certificate that (a) states that the adult is a critically ill adult and requires the care or support of one or more of their family members; and (b) sets out the period during which the adult requires that care or support. (3) [Repealed, 2018, c. 27, s. 469] Period when leave may be taken  —  child (4) The period during which the employee may take a leave of absence (a) begins on the first day of the week in which either of the following falls: (i) the day on which the first certificate is issued in respect of the child or adult, as the case may be, that meets the requirements of subsection (2) or (2.1), or (ii) if the leave begins before the day on which the certificate is issued, the day from which the health care practitioner certifies that the child or adult, as the case may be, is critically ill; and (b) ends on the last day of the week in which either of the following occurs: (i) the child or adult, as the case may be, dies, or (ii) the expiry of 52 weeks following the first day of the week referred to in paragraph (a). Aggregate leave — employees (5) The aggregate amount of leave that may be taken by employees under this section during the period referred to in subsection (4) must not exceed (a) in respect of the same critically ill child, 37 weeks; or (b) in respect of the same critically ill adult, 17 weeks. Limitation (6) No leave may be taken by one or more employees under subsection (2.1) before the end of the period referred to in subsection (4) if leave was granted under subsection (2) in respect of the same person. Limitation — section 206.3 (7) No leave may be taken by one or more employees under section 206.3 before the end of the leave taken under subsection (2) or (2.1) in respect of the same person. 2012, c. 27, s. 5; 2017, c. 20, s. 263 2018, c. 27, s. 469