C-376
First Session, Forty-first Parliament,
60 Elizabeth II, 2011
HOUSE OF COMMONS OF CANADA
BILL C-376
An Act to amend the Canada Labour Code and the Employment Insurance Act (family leave)
first reading, December 5, 2011
NOTE
2nd Session, 41st Parliament
This bill was introduced during the First Session of the 41st Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the First Session. The number of the bill remains unchanged.
Mrs. Mourani
411470
SUMMARY
This enactment amends the Canada Labour Code to allow employees to take unpaid leave from work for the following family-related reasons:
(a) the inability of their minor child to carry on regular activities because the child suffered a serious physical injury during the commission or as the direct result of a criminal offence; 
(b) the disappearance of their minor child; 
(c) the suicide of their spouse, common-law partner or child; or 
(d) the death of their spouse, common-law partner or child during the commission or as the direct result of a criminal offence.
It also amends the Employment Insurance Act to allow these employees and self-employed persons to receive benefits while on leave.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
1st Session, 41st Parliament,
60 Elizabeth II, 2011
house of commons of canada
BILL C-376
An Act to amend the Canada Labour Code and the Employment Insurance Act (family leave)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. L-2
CANADA LABOUR CODE
1. The heading of Division VII of Part III of the Canada Labour Code is replaced by the following:
Reassignment, Maternity Leave, Parental Leave,
Compassionate Care Leave and Family Leave
2. The Act is amended by adding the following after section 206.3:
Family Leave
Definition of “minor child”
206.4 (1) In this section and sections 206.5 and 206.8, “minor child” means a person under 18 years of age.
Physical injury to a minor child
(2) Every employee is entitled to a leave of absence of up to 104 weeks if the employee’s presence is required by the employee’s minor child who has suffered a serious physical injury during the commission or as the direct result of a criminal offence that renders the child unable to carry on regular activities.
Disappearance of a minor child
206.5 Every employee is entitled to a leave of absence of up to 52 weeks if the employee’s minor child is missing. If the child is found before the expiry of the leave, the leave shall end on the eleventh day following the day on which the child is found.
Suicide
206.6 Every employee is entitled to a leave of absence of up to 52 weeks if the employee’s spouse, common-law partner or child commits suicide.
Death resulting from a criminal offence
206.7 Every employee is entitled to a leave of absence of up to 104 weeks if the employee’s spouse, common-law partner or child dies during the commission or as the direct result of a criminal offence.
Serious physical injury
206.8 (1) Sections 206.4 to 206.7 apply if it may be inferred from the circumstances of the event that the serious bodily injury is probably the result of a criminal offence, the death is probably the result of such an offence or of a suicide, or the person who has disappeared is probably in danger.
Exclusion
(2) However, an employee may not take benefit from these provisions if it may be inferred from the circumstances that the employee — or, in the case of section 206.7, the deceased person, if that person is the spouse, common-law partner or child or, in the case of section 206.4, the minor child — was probably a party to the criminal offence or probably contributed to the injury by gross negligence or, in the Province of Quebec, gross fault.
Return to work
206.9 (1) A period of leave under sections 206.4 to 206.7 shall not begin before the date on which the criminal offence that caused the serious physical injury was committed or before the date of death or disappearance and shall end not later than 52 or 104 weeks after that date, as the case may be. However, if the employer consents thereto, the employee may return to work on a part-time basis or intermittently during the leave.
New event
(2) If, however, during the same 52- or 104-week period, a new event occurs, affecting the same child and giving entitlement to a new period of leave, it is the longer period that applies, from the date of the first event.
Notice to employer
206.10 For the purposes of sections 206.4 to 206.7, the employee must have completed three consecutive months of continuous employment and the leave is without pay. The employee must also advise the employer of the leave as soon as possible and the reasons for it. Where warranted, particularly by the length or repetitive nature of the leave, the employer may ask the employee to provide certification of those reasons.
Benefits
206.11 The Governor in Council may, by regulation, determine the other benefits to which the employee is entitled during the leave referred to in sections 206.4 to 206.7.
Dismissal, suspension or reassignment
206.12 Nothing in sections 206.4 to 206.7 prevents an employer from dismissing, suspending or reassigning an employee if the consequences of the criminal offence or the repetitive nature of the leave constitute a just and sufficient cause under the circumstances.
Terminations of employment or lay-offs
206.13 If the employer carries out terminations or lay-offs that would have included the employee referred to in sections 206.4 to 206.7 had that employee remained at work, that employee retains the same rights as the employees actually terminated or laid off, particularly with respect to a return to work.
Benefit
206.14 The leave referred to in sections 206.4 to 206.7 does not confer any benefit on an employee that the employee would not have received had the employee remained at work.
1996, c. 23
EMPLOYMENT INSURANCE ACT
3. Subsection 6(1) of the Employment Insurance Act is amended by adding the following in alphabetical order:
“family leave”« congé pour raisons familiales »
“family leave” means the period during which a claimant is absent from work for one of the reasons referred to in section 21.01;
4. Paragraph 8(2)(a) of the Act is replaced by the following:
(a) incapable of work because of a prescribed illness, injury, quarantine or pregnancy, or as a result of taking family leave;
5. Subsection 12(3) of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after that paragraph:
(c.1) because the claimant is on family leave is 52; and
6. Paragraph 18(b) of the Act is replaced by the following:
(b) unable to work because of a prescribed illness, injury or quarantine or as a result of taking family leave, and that the claimant would otherwise be available for work; or
7. The Act is amended by adding the following before section 21:
Family leave
21.01 Benefits are payable to a claimant for the period during which the claimant is absent from work for one of the following reasons:
(a) the employee’s presence is required by the employee’s child under 18 years of age who has suffered a serious physical injury during the commission or as the direct result of a criminal offence that renders the child unable to carry on regular activities, unless the employee or the employee’s child was a party to the criminal offence or contributed to the injury by their gross negligence or, in the Province of Quebec, gross fault;
(b) the employee’s child, who is under 18 years of age, is missing;
(c) the employee’s spouse, common-law partner or child commits suicide; or
(d) the employee’s spouse, common-law partner or child dies during the commission or as the direct result of a criminal offence unless the employee or the employee’s spouse, common-law partner or child was a party to the criminal offence or contributed to the injury by their gross negligence or, in the Province of Quebec, gross fault.
8. Section 21 of the Act is replaced by the following:
Illness, etc. — minor attachment claimants
21. (1) A minor attachment claimant who ceases work because of illness, injury or quarantine or as a result of taking family leave is not entitled to receive benefits while unable to work for that reason.
Limitation
(2) If benefits are payable to a claimant for unemployment caused by illness, injury or quarantine or as a result of taking family leave and any allowances, money or other benefits are payable to the claimant for that illness, injury, quarantine or family leave under a provincial law, the benefits payable to the claimant under this Act shall be reduced or eliminated as prescribed.
Deduction
(3) If earnings are received by a claimant for a period in a week of unemployment during which the claimant is incapable of work because of illness, injury or quarantine or as a result of taking family leave, subsection 19(2) does not apply and, subject to subsection 19(3), all those earnings shall be deducted from the benefits payable for that week.
9. Subparagraph 54(y)(i) of the Act is replaced by the following:
(i) inability to work because of illness, injury or quarantine or as a result of taking family leave, or
10. Subsections 69(1) and (2) of the Act are replaced by the following:
Premium reduction — wage-loss plans
69. (1) The Commission shall, with the approval of the Governor in Council, make regulations to provide a system for reducing the employer’s premium where
(a) the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, family leave, child care or compassionate care under a plan that covers insured persons employed by the employer, other than one established under provincial law, would have the effect of reducing the special benefits payable to the insured persons; and
(b) the insured persons will benefit from the reduction of the employer’s premium in an amount at least equal to 5/12 of the reduction.
Provincial plans
(2) The Commission shall, with the approval of the Governor in Council, make regulations to provide a system for reducing the employer’s and employee’s premiums when the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, family leave, child care or compassionate care under a provincial law to insured persons would have the effect of reducing or eliminating the special benefits payable to those insured persons.
Definition of “family leave”
(2.1) In subsections (1) and (2), “family leave” has the same meaning as in section 6.
11. Subsection 152.01(1) of the Act is amended by adding the following in alphabetical order:
“family leave”« congé pour raisons familiales »
“family leave” means the period during which a claimant is absent from work for one of the reasons referred to in section 152.021.
12. The Act is amended by adding the following before section 152.03:
Family leave
152.021 Benefits are payable to a claimant for the period during which the claimant is absent from work for one of the following reasons:
(a) the employee’s presence is required by the employee’s child under 18 years of age who has suffered a serious physical injury during the commission or as the direct result of a criminal offence that renders the child unable to carry on regular activities, unless the employee or the employee’s child was a party to the criminal offence or contributed to the injury by their gross negligence or, in the Province of Quebec, gross fault;
(b) the employee’s child, who is under 18 years of age, is missing;
(c) the employee’s spouse, common-law partner or child commits suicide; or
(d) the employee’s spouse, common-law partner or child dies during the commission or as the direct result of a criminal offence unless the employee or the employee’s spouse, common-law partner or child was a party to the criminal offence or contributed to the injury by their gross negligence or, in the Province of Quebec, gross fault.
13. Section 152.03 of the Act is amended by adding the following after subsection (1):
Family leave
(1.1) Subject to this Part, a self-employed person who ceases to work as a self-employed person as a result of taking family leave and who would be otherwise working, is entitled to receive benefits while unable to work as a self-employed person for that reason.
14. Subsections 152.03(2), (3) and (4) of the Act are replaced by the following:
Limitation
(2) If benefits are payable to a self-employed person as a result of illness, injury or quarantine or as a result of taking family leave and any allowances, money or other benefits are payable to the person for that illness, injury, quarantine or family leave under a provincial law, the benefits payable to the person under this Part shall be reduced or eliminated as prescribed.
Deduction
(3) If benefits are payable under this section to a self-employed person who receives earnings for a period in a week of unemployment during which the person is incapable of working as a self-employed person because of illness, injury, quarantine, or as a result of taking family leave, subsection 152.18(2) does not apply and, subject to subsection 152.18(3), all those earnings shall be deducted from the benefits payable for that week.
Disentitlement
(4) A self-employed person is not entitled to benefits under subsection (1) or (1.1) if, were it not for the prescribed illness, injury, quarantine or family leave, the self-employed person would be deemed, in accordance with the regulations, to be not working.
Published under authority of the Speaker of the House of Commons