49.1 (1) In this section, “qualified health practitioner” means, (a)  a person who is qualified to practise as a physician under the laws of the jurisdiction in which care or treatment is provided to the individual described in subsection (3), (b)  a registered nurse who holds an extended certificate of registration under the Nursing Act, 1991 or an individual who has an equivalent qualification under the laws of the jurisdiction in which care or treatment is provided to the individual described in subsection (3), or (c)  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”)  2004, c. 15, s. 3; 2017, c. 22, Sched. 1, s. 34 (1). Entitlement to leave (2) An employee is entitled to a leave of absence without pay of up to 28 weeks to provide care or support to an individual described in subsection (3) if a qualified health practitioner issues a certificate stating that the individual has a serious medical condition with a significant risk of death occurring within a period of 26 weeks or such shorter period as may be prescribed. 2017, c. 22, Sched. 1, s. 34 (2). Application of subs. (2) (3) Subsection (2) applies in respect of the following individuals: 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 purposes of this section. 2017, c. 22, Sched. 1, s. 34 (2); 2021, c. 4, Sched. 11, s. 9 (4). Earliest date leave can begin (4) The employee may begin a leave under this section no earlier than the first day of the week in which the period referred to in subsection (2) begins.  2004, c. 15, s. 3. Latest date employee can remain on leave (5) The employee may not remain on a leave under this section after the earlier of the following dates: 1.  The last day of the week in which the individual described in subsection (3) dies. 2.  The last day of the 52-week period starting on the first day of the week in which the period referred to in subsection (2) begins. 2017, c. 22, Sched. 1, s. 34 (3). Same (5.1) For greater certainty, but subject to subsection (5), if the amount of leave that has been taken is less than 28 weeks it is not necessary for a qualified health practitioner to issue an additional certificate under subsection (2) in order for leave to be taken under this section after the end of the period referred to in subsection (2). 2017, c. 22, Sched. 1, s. 34 (3). Two or more employees (6) If two or more employees take leaves under this section in respect of a particular individual, the total of the leaves taken by all the employees shall not exceed 28 weeks during the 52-week period referred to in paragraph 2 of subsection (5) that applies to the first certificate issued for the purpose of this section. 2017, c. 22, Sched. 1, s. 34 (3). Full-week periods (7) An employee may take a leave under this section only in periods of entire weeks.  2004, c. 15, s. 3; 2014, c. 6. s. 2 (1). Advising employer (8) An employee who wishes to take leave under this section shall advise his or her employer in writing that he or she will be doing so.  2004, c. 15, s. 3. Same (9) If the employee must begin the leave before advising the employer, the employee shall advise the employer of the leave in writing as soon as possible after beginning it.  2004, c. 15, s. 3. Copy of certificate (10) If requested by the employer, the employee shall provide the employer with a copy of the certificate referred to in subsection (2) as soon as possible.  2004, c. 15, s. 3. Further leave (11) If an employee takes a leave under this section and the individual referred to in subsection (3) does not die within the 52-week period referred to in paragraph 2 of subsection (5), the employee may, in accordance with this section, take another leave and, for that purpose, the reference in subsection (6) to “the first certificate” shall be deemed to be a reference to the first certificate issued after the end of that period. 2017, c. 22, Sched. 1, s. 34 (4). (12) Repealed: 2018, c. 14, Sched. 1, s. 12. Transition (13) If a certificate described in subsection (2) was issued before January 1, 2018, then this section, as it read immediately before January 1, 2018, applies. 2017, c. 22, Sched. 1, s. 34 (4). Section Amendments with date in force (d/m/y) 2004, c. 15, s. 3 - 29/06/2004 2014, c. 6. s. 2 (1, 2) - 29/10/2014 2017, c. 22, Sched. 1, s. 34 (1-4) - 01/01/2018 2018, c. 14, Sched. 1, s. 12 - 01/01/2019 2021, c. 4, Sched. 11, s. 9 (4) - 19/04/2021 Organ Donor Leave Organ donor leave