49.6 (1) In this section, “child” means a child, step-child, foster child or child who is under legal guardianship, and who is under 18 years of age; (“enfant”) “crime” means an offence under the Criminal Code (Canada), other than an offence prescribed by the regulations made under paragraph 209.4 (f) of the Canada Labour Code
(Canada); (“acte criminel”) “week” means a period of seven consecutive days beginning on Sunday and ending on Saturday. (“semaine”) 2017, c. 22, Sched. 1, s. 38. Entitlement to leave (2) An employee who has been employed by an employer for at least six consecutive months is entitled to a leave of absence without pay of up to 104 weeks if a child of the employee disappears and it is probable, considering the circumstances, that the child disappeared as a result of a crime. 2017, c. 22, Sched. 1, s. 38. Transition (3) Despite subsection (2), if the disappearance occurred before January 1, 2018, the employee is entitled to a leave of absence without pay in accordance with section 49.5 as it read on December 31, 2017. 2017, c. 22, Sched. 1, s. 38. Exception (4) An employee is not entitled to a leave of absence under this section if the employee is charged with the crime or if it is probable, considering the circumstances, that the child was a party to the crime. 2017, c. 22, Sched. 1, s. 38. Change in circumstance (5) If an employee takes a leave of absence under this section and the circumstances that made it probable that the child of the employee disappeared as a result of a crime change and it no longer seems probable that the child disappeared as a result of a crime, the employee’s entitlement to leave ends on the day on which it no longer seems probable. 2017, c. 22, Sched. 1, s. 38. Child found (6) The following rules apply if an employee takes a leave of absence under this section and the child is found within the 104-week period that begins in the week the child disappears: 1.  If the child is found alive, the employee is entitled to remain on leave under this section for 14 days after the child is found. 2.  If the child is found dead, the employee’s entitlement to be on leave under this section ends at the end of the week in which the child is found. 2017, c. 22, Sched. 1, s. 38. Same (7) For greater certainty, nothing in paragraph 2 of subsection (6) affects the employee’s eligibility for child death leave under section 49.5. 2017, c. 22, Sched. 1, s. 38. Single period (8) An employee may take a leave under this section only in a single period. 2017, c. 22, Sched. 1, s. 38. Limitation period (9) Except as otherwise provided for in subsection (8), an employee may take a leave under this section only during the 105-week period that begins in the week the child disappears. 2017, c. 22, Sched. 1, s. 38. Total amount of leave (10) The total amount of leave that may be taken by one or more employees under this section in respect of a disappearance, or disappearances that are the result of the same event, is 104 weeks. 2017, c. 22, Sched. 1, s. 38. Advising employer (11) An employee who wishes to take a leave under this section shall advise the employer in writing and shall provide the employer with a written plan that indicates the weeks in which the employee will take the leave. 2017, c. 22, Sched. 1, s. 38. Same (12) 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 the employee will take the leave. 2017, c. 22, Sched. 1, s. 38. Same — change in employee’s plan (13) An employee may take a leave at a time other than that indicated in the plan provided under subsection (11) or (12) 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 four weeks written notice before the change is to take place. 2017, c. 22, Sched. 1, s. 38. Evidence (14) An employer may require an employee who takes a leave under this section to provide evidence reasonable in the circumstances of the employee’s entitlement to the leave. 2017, c. 22, Sched. 1, s. 38. (15) Repealed: 2018, c. 14, Sched. 1, s. 17. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 38 - 01/01/2018 2018, c. 14, Sched. 1, s. 17 - 01/01/2019 Domestic or Sexual Violence Leave Domestic or sexual violence leave