50.2 (1) An employee is entitled to a leave of absence without pay if the employee is a reservist and will not be performing the duties of his or her position because, (a)  the employee is deployed to a Canadian Forces operation outside Canada; (b)  the employee is deployed to a Canadian Forces operation inside Canada that is or will be providing assistance in dealing with an emergency or with its aftermath; (b.1)  the employee is participating in Canadian Forces military skills training; (b.2)  the employee is in treatment, recovery or rehabilitation in respect of a physical or mental health illness, injury or medical emergency that results from participation in an operation or activity referred to in this subsection; or (c)  the prescribed circumstances apply.  2007, c. 16, Sched. A, s. 3; 2022, c. 7, Sched. 2, s. 5 (1); 2023, c. 15, Sched. 2, s. 1 (1). Activities included in deployment outside Canada (2) Participation, whether inside or outside Canada, in pre-deployment or post-deployment activities that are required by the Canadian Forces in connection with an operation described in clause (1) (a) is considered deployment to the operation for the purposes of that clause.  2007, c. 16, Sched. A, s. 3. Restriction (3) An employee is not entitled to begin a leave under clause (1) (a), (b.1), (b.2) or (c) unless the employee has been employed by the employer for at least the prescribed period or, if no period is prescribed, for at least two consecutive months. 2023, c. 15, Sched. 2, s. 1 (2). Length of leave (4) An employee is entitled to take a leave under this section for the period prescribed in respect of the clause under which the leave is taken under subsection (1) or, if no period is prescribed, for as long as clause (1) (a), (b), (b.1) or (b.2) or the circumstances set out in a regulation made under clause (1) (c) apply to the employee. 2023, c. 15, Sched. 2, s. 1 (3). Advising employer re start of leave (5) An employee who intends to take a leave under this section shall give his or her employer the prescribed period of notice of the day on which he or she will begin the leave or, if no notice period is prescribed, reasonable notice.  2007, c. 16, Sched. A, s. 3. Same (6) Despite subsection (5), if the employee must begin the leave before advising the employer, the employee shall advise the employer of the leave as soon as possible after beginning it.  2007, c. 16, Sched. A, s. 3. Evidence of entitlement (7) An employer may require an employee who takes a leave under this section to provide evidence that the employee is entitled to the leave.  2007, c. 16, Sched. A, s. 3. Same (8) When evidence is required under subsection (7), the employee shall, (a)  provide the prescribed evidence, or evidence reasonable in the circumstances if no evidence is prescribed; and (b)  provide the evidence at the prescribed time, or at a time reasonable in the circumstances if no time is prescribed.  2007, c. 16, Sched. A, s. 3. Advising employer re end of leave (9) An employee who intends to end a leave taken under this section shall give his or her employer the prescribed period of notice of the day on which he or she intends to end the leave or, if no notice period is prescribed, reasonable notice.  2007, c. 16, Sched. A, s. 3. Written notice (10) Notice under subsection (5), (6) or (9) shall be given in writing.  2007, c. 16, Sched. A, s. 3. Definition, emergency (11) In clause (1) (b), “emergency” means, (a)  a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise, or (b)  a situation in which a search and rescue operation takes place.  2007, c. 16, Sched. A, s. 3. Transition (12) This section applies only if, (a)  the deployment described in subsection (1) begins on or after the day the Fairness for Military Families Act (Employment Standards and Health Insurance), 2007 receives Royal Assent; and (b)  notice under subsection (5) or (6) is given on or after the day described in clause (a).  2007, c. 16, Sched. A, s. 3. Section Amendments with date in force (d/m/y) 2007, c. 16, Sched. A, s. 3 - 3/12/2007 2022, c. 7, Sched. 2, s. 5 (1-3) - 11/04/2022 2023, c. 15, Sched. 2, s. 1 (1-3) - 26/10/2023 General Provisions Concerning Leaves