49.4 (1) In this section, “adult” means an individual who is 18 years or older; (“adulte”) “critically ill”, with respect to a minor child or adult, means a minor child or adult whose baseline state of health has significantly changed and whose life is at risk as a result of an illness or injury; (“gravement malade”) “family member”, with respect to an employee, means the following: 1.  The employee’s spouse. 2.  A parent, step-parent or foster parent of the employee or the employee’s spouse. 3.  A child, step-child or foster child of the employee or the employee’s spouse. 4.  A child who is under legal guardianship of the employee or the employee’s spouse. 5.  A brother, step-brother, sister or step-sister of the employee. 6.  A grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee’s spouse. 7.  A brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the employee. 8.  A son-in-law or daughter-in-law of the employee or the employee’s spouse. 9.  An uncle or aunt of the employee or the employee’s spouse. 10.  A nephew or niece of the employee or the employee’s spouse. 11.  The spouse of the employee’s grandchild, uncle, aunt, nephew or niece. 12.  A person who considers the employee to be like a family member, provided the prescribed conditions, if any, are met. 13.  Any individual prescribed as a family member for the purpose of this definition; (“membre de la famille”) “minor child” means an individual who is under 18 years of age; (“enfant mineur”) “qualified health practitioner” means, (a)  a person who is qualified to practise as a physician, a registered nurse or a psychologist under the laws of the jurisdiction in which care or treatment is provided to the individual described in subsection (2) or (5), or (b)  in the prescribed circumstances, a member of a prescribed class of health practitioners; (“praticien de la santé qualifié”) “week” means a period of seven consecutive days beginning on Sunday and ending on Saturday. (“semaine”) 2017, c. 22, Sched. 1, s. 36; 2021, c. 4, Sched. 11, s. 9 (4). Entitlement to leave — critically ill minor child (2) An employee who has been employed by his or her employer for at least six consecutive months is entitled to a leave of absence without pay to provide care or support to a critically ill minor child who is a family member of the employee if a qualified health practitioner issues a certificate that, (a)  states that the minor child is a critically ill minor child who requires the care or support of one or more family members; and (b)  sets out the period during which the minor child requires the care or support. 2017, c. 22, Sched. 1, s. 36. Same (3) Subject to subsection (4), an employee is entitled to take up to 37 weeks of leave under this section to provide care or support to a critically ill minor child. 2017, c. 22, Sched. 1, s. 36. Same — period less than 37 weeks (4) If the certificate described in subsection (2) sets out a period of less than 37 weeks, the employee is entitled to take a leave only for the number of weeks in the period specified in the certificate. 2017, c. 22, Sched. 1, s. 36. Entitlement to leave — critically ill adult (5) An employee who has been employed by his or her employer for at least six consecutive months is entitled to a leave of absence without pay to provide care or support to a critically ill adult who is a family member of the employee if a qualified health practitioner issues a certificate that, (a)  states that the adult is a critically ill adult who requires the care or support of one or more family members; and (b)  sets out the period during which the adult requires the care or support. 2017, c. 22, Sched. 1, s. 36. Same (6) Subject to subsection (7), an employee is entitled to take up to 17 weeks of leave under this section to provide care or support to a critically ill adult. 2017, c. 22, Sched. 1, s. 36. Same — period less than 17 weeks (7) If the certificate described in subsection (5) sets out a period of less than 17 weeks, the employee is entitled to take a leave only for the number of weeks in the period specified in the certificate. 2017, c. 22, Sched. 1, s. 36. When leave must end (8) Subject to subsection (9), a leave under this section ends no later than the last day of the period specified in the certificate described in subsection (2) or (5). 2017, c. 22, Sched. 1, s. 36. Limitation period (9) If the period specified in the certificate described in subsection (2) or (5) is 52 weeks or longer, the leave ends no later than the last day of the 52-week period that begins on the earlier of, (a)  the first day of the week in which the certificate is issued; and (b)  the first day of the week in which the minor child or adult in respect of whom the certificate was issued became critically ill. 2017, c. 22, Sched. 1, s. 36. Death of minor child or adult (10) If a critically ill minor child or adult dies while an employee is on a leave under this section, the employee’s entitlement to be on leave under this section ends on the last day of the week in which the minor child or adult dies. 2017, c. 22, Sched. 1, s. 36. Total amount of leave — critically ill minor child (11) The total amount of leave that may be taken by one or more employees under this section in respect of the same critically ill minor child is 37 weeks. 2017, c. 22, Sched. 1, s. 36. Total amount of leave — critically ill adult (12) The total amount of leave that may be taken by one or more employees under this section in respect of the same critically ill adult is 17 weeks. 2017, c. 22, Sched. 1, s. 36. Limitation where child turns 18 (13) If an employee takes leave in respect of a critically ill minor child under subsection (2), the employee may not take leave in respect of the same individual under subsection (5) before the 52-week period described in subsection (9) expires. 2017, c. 22, Sched. 1, s. 36. Further leave — critically ill minor child (14) If a minor child in respect of whom an employee has taken a leave under this section remains critically ill while the employee is on leave or after the employee returns to work, but before the 52-week period described in subsection (9) expires, the employee is entitled to take an extension of the leave or a new leave if, (a)  a qualified health practitioner issues an additional certificate described in subsection (2) for the minor child that sets out a different period during which the minor child requires care or support; (b)  the amount of leave that has been taken and the amount of leave the employee takes under this subsection does not exceed 37 weeks in total; and (c)  the leave ends no later than the last day of the 52-week period described in subsection (9). 2017, c. 22, Sched. 1, s. 36. Further leave — critically ill adult (15) If an adult in respect of whom an employee has taken a leave under this section remains critically ill while the employee is on leave or after the employee returns to work, but before the 52-week period described in subsection (9) expires, the employee is entitled to take an extension of the leave or a new leave if, (a)  a qualified health practitioner issues an additional certificate described in subsection (5) for the adult that sets out a different period during which the adult requires care or support; (b)  the amount of leave that has been taken and the amount of leave the employee takes under this subsection does not exceed 17 weeks in total; and (c)  the leave ends no later than the last day of the 52-week period described in subsection (9). 2017, c. 22, Sched. 1, s. 36. Additional leaves (16) If a minor child or adult in respect of whom an employee has taken a leave under this section remains critically ill after the 52-week period described in subsection (9) expires, the employee is entitled to take another leave and the requirements of this section apply to the new leave. 2017, c. 22, Sched. 1, s. 36. Advising employer (17) An employee who wishes to take a leave under this section shall advise his or her employer in writing that he or she will be doing so and shall provide the employer with a written plan that indicates the weeks in which he or she will take the leave. 2017, c. 22, Sched. 1, s. 36. Same (18) If an employee must begin a leave under this section before advising the employer, the employee shall advise the employer of the leave in writing as soon as possible after beginning it and shall provide the employer with a written plan that indicates the weeks in which he or she will take the leave. 2017, c. 22, Sched. 1, s. 36. Same — change in employees plan (19) An employee may take a leave at a time other than that indicated in the plan provided under subsection (17) or (18) if the change to the time of the leave meets the requirements of this section and, (a)  the employee requests permission from the employer to do so in writing and the employer grants permission in writing; or (b)  the employee provides the employer with such written notice of the change as is reasonable in the circumstances. 2017, c. 22, Sched. 1, s. 36. Copy of certificate (20) If requested by the employer, the employee shall provide the employer with a copy of the certificate referred to in subsection (2) or (5) or clause (14) (a) or (15) (a) as soon as possible. 2017, c. 22, Sched. 1, s. 36. (21) Repealed: 2018, c. 14, Sched. 1, s. 15. Transition (22) If a certificate mentioned in subsection (2) or (12), as those subsections read immediately before the day section 36 of Schedule 1 to the Fair Workplaces, Better Jobs Act, 2017
came into force, was issued before that day, then this section, as it read immediately before that day, applies. 2017, c. 22, Sched. 1, s. 36. Section Amendments with date in force (d/m/y) 2014, c. 6, s. 3 - 29/10/2014 2017, c. 22, Sched. 1, s. 36 - 03/12/2017 2018, c. 14, Sched. 1, s. 15 - 01/01/2019 2021, c. 4, Sched. 11, s. 9 (4) - 19/04/2021 Child Death Leave Child death leave