49.5 (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 dies. 2017, c. 22, Sched. 1, s. 38. Exception (3) An employee is not entitled to a leave of absence under this section if the employee is charged with a crime in relation to the death of the child or if it is probable, considering the circumstances, that the child was a party to a crime in relation to his or her death. 2017, c. 22, Sched. 1, s. 38. Single period (4) An employee may take a leave under this section only in a single period. 2017, c. 22, Sched. 1, s. 38. Limitation period (5) An employee may take a leave under this section only during the 105-week period that begins in the week the child dies. 2017, c. 22, Sched. 1, s. 38. Total amount of leave (6) The total amount of leave that may be taken by one or more employees under this section in respect of a death, or deaths that are the result of the same event, is 104 weeks. 2017, c. 22, Sched. 1, s. 38. Advising employer (7) 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 (8) 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 (9) An employee may take a leave at a time other than that indicated in the plan provided under subsection (7) or (8) 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 (10) 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. (11) Repealed: 2018, c. 14, Sched. 1, s. 16. Transition (12) If, on December 31, 2017, an employee was on a crime-related child death or disappearance leave under this section, as it read on that date, then the employee’s entitlement to the leave continues in accordance with this section as it read on that date. 2017, c. 22, Sched. 1, s. 38. Section Amendments with date in force (d/m/y) 2014, c. 6, s. 3
- 29/10/2014 2017, c. 22, Sched. 1, s. 38 - 01/01/2018 2018, c. 14, Sched. 1, s. 16 - 01/01/2019 Crime-Related Child Disappearance Leave Crime-related child disappearance leave