Family Caregiving Leave Entitlements in Employment Standards Legislation in Canada A Comparative Overview

Transcription

1 Caregiving Leave Entitlements in Legislation in Canada A Comparative Overview Issue Federal B.C. Alberta Sask. Manitoba Ontario Quebec General Relevant legislation Canada Code, R.S.C., 1985, c. L-2 Insurance Regulations, S.O.R./ Act, R.S.B.C., 1996, c.113 at Regulation B.C. Reg. 281/2006 O.C. 738/2006 Employmen t Code, R.S.A., 2000, c. E- 9 Act, R.S.S., 1978, c. L-1 Code, C.C.S.M., c. E110, S.M., 1998, c. 29 Regulation, Man. Reg. 6/2007 Act, S.O., 2000, c. 41 Medical Leave Prescribed Individuals, O. Reg. 476/06 An Act Respecting, R.S.Q., c. N- 1.1 Act, S.N.B., 1982, c. E-7.2 Code, R.S. N.S., 1989 c. 246 General Code Regulations, N.S. Reg. 298/90 Act, R.S.P.E.I., 1988, c. E- 6.2 Act, R.S.N.L., 1990, c. L-2 Regulations, C.N.L.R. 781/96 Act, R.S.Y., 2002, c. 72 Act to Amend Act, S.Y Act, S.N.W.T. 2007, c. 13 Act, R.S.N.W.T. 1988, c. L-1 What short term statutory leave are available? Leave [s. 52] Illness or Injury Leave [s. 44.2(1)(b) (ii)] Leave [s. 59.3] Personal Emergency Leave [s. 50] Leave [s. 79.7] Leave [s ] Sick Leave [s. 60G] Leave [s. 22.1] Sick and Leave [s ] What long term statutory leave are available? Leave [s ] at [s. 52.1] Serious Illness or Injury Leave [s. 44.2(1)(b)] ate Care Leave [s. 59.2] Medical Leave [s. 49.1] Illness or Accident Absence [s. 79.8] ate Care Leave [s ] at [s. 60E] Leave [s. 22.3] at [ss & 42.14] Leave [s. 60.1] ate Care Leave [s. 30] Leave [s. 39.1] Who does Act apply to? in undertaking with with with 1

2 or managers, superintende nts, members of architectural, dental, engineering, legal or. members of various lawyers, doctors, and professional foresters. See s. 31 of Regulation for full list. undertaking, or architects, accountant s, and engineers. See s. 2(2) of Employmen t Regulations for a full list. or certain professionals as set out in ss of Regulations. apply to certain professionals, saless, and es as set out in ss. 2 8 of Regulation. law, architecture, surveying. For a full list see s. 2 of Exemptions, Special Rules and Establishment of Minimum Wage O. Reg. 285/01. -health care professionals, prisoners, s working in employment assistance measures, embassy workers. - professionals are not exempt from leave provisions. See ss. 3 4 of Regulation some are excluded architecture, dentistry, and law. See s. 2 of General Code Regulations for a full list. or include commission saless, farm labourers, of non-profits and certain caregivers See s. 2 of Act. include teachers, engineers, and accountants. See s. 2(b) of Act for a full list. or. government, guides, caretakers and ors as set out I s. 3 of General Exemption Regulation. apply to live in caregivers, student interns, drivers as set out in s. 2-4 of Regulations. or - does not certain, trappers, as set out in s. 2 of Act. Short Term Leave What short term caregiving exist under legislation? responsibility Leave up to 5 days per year. No dismissal or discipline for absences up to 12 days for illness that is not serious. leave for responsibilities for up to 3 days. Personal Emergency Leave for up to 10 days (Note: only working at places that hire more than 50 are eligible). Leave for up to 10 days. Leave up to 3 days per year. Sick Leave up to 3 days per year. Leave of up to 3 days per year. Sick and Leave of 7 days in a year. What are criteria for short term caregiving entitlement? To meet care, health or education of a child in care, or care or health of any or member of. Must provide employer with of duly qualified certifying that a member of was incapable of leave to extent that leave is necessary for to meet his or her responsibilities in relation to a member. leave of absence due to death, illness, injury emergency, or urgent matter for relating to individuals. Can be combined with long term absences relating to care, health or education of child or child of ir spouse, or because of state of health of individuals leave to meet responsibilities related to health, care, or education of a in a close relationship with. leave due to sickness of or member. To meet responsibiliti es related to health or care of a who is a member of or extended of. responsibility leave, and must simply provide employer with a statement in writing of nature of responsibility where leave is of 3 or 2

3 working due to illness or injury. (see below). more consecutive days. Does short term leave and sick leave accumulate toger? No Yes Yes Yes No No Yes No Yes Does short term leave combine leave for child care and leave for adult caregiving? Yes Yes Yes Yes Yes Yes Yes Yes Yes Is required to provide notice? No No As much notice as is reasonable and practicable. No - but must advise employer. As soon as possible and must take reasonable steps within his power to limit leave and Must advise of intention to take leave, anticipated commencement, and duration of No Must advise of intention to take leave, anticipated commencem ent, and duration of No but must provide a written statement for leave longer n 3 days. Length of service requirement for eligibility? No 13 consecutive weeks prior to absence 30 days No No No No 6 months 30 days How is defined? - spouse, guardian, sibling, grandchild or -A dependent spouse (CL and/or parent of child), parent, -a spouse/cl (conjugal relationship of some permanence) -bror or sister -parent, step parent, foster An :, far, mor, bror, sister, Close relationship is between: -married s, parent (See appendix) Immediate : /CL, bror, or -Undefined in act or regulations 3

4 grandparent of an, and -any who lives with an as a member of grandparent, child, bror, sister of an a spouse [s. 29.3(1)] Regs define as: -parent, grandparent, child, bror, or sister of an ir spouse -a child or a child of spouse/cl; -a parent or a spouse/cl of parent; and -any or who is a member of a class of s in regulations for purpose of this definition (see appendix) parent of ir spouse -child, stepchild, or foster child of ir spouse -grandparent, stepgrandparent, grandchild or step grandchild of ir spouse -child s spouse -relative dependent for care or assistance or grandparents and child, siblings, grandparent and grandchild, unmarried or unrelated s who demonstrate an intention to extend to one anor mutual affection and support normally associated w/ relationships first mentioned. sister Extended : -grandparent, grandchild, bror-inlaw, sister-inlaw, morin-law, far-in-law, son-in-law, or daughter-inlaw Are re any constraints on how leave is taken? No No Any portion of a day taken may count as a whole day of Any portion of a day taken may count as a whole day of Leave may be divided into days. Days may be divided with employer consent. No No No No Long Term Leave What long term leave exist under this legislation? leave up to 8 weeks at e care leave up to 8 No dismissal or discipline for absences up to 12 weeks per year due to serious illness and up to 16- weeks leave per year if individual is receiving federal compassiona te care ate care leave up to 8 at e care leave (called leave ) up to 8 Can be combined with short term Up to 12 weeks and in case of potentially ill minor child, up to 104 ate care leave up to 8 at e care leave up to 8 leave up to 8 at e care leave of up to 8 leave of up to 8 ate Care Leave of up to 8 Leave of up to 8 4

5 benefit, up to 26 weeks if is receiving compensatio n pursuant to Worker s Compensatio n Act. What are criteria for long term caregiving entitlement? member a Must provide employer with of duly qualified certifying that a member of was incapable of working due to illness or injury. must issue a member a risk of death member a 12 weeks is for a member s serious illness or serious accident a (no requirement that it states weeks) is required for 104 week must issue a member a risk of death member a member a must issue a member a risk of death Are re any constraints on how leave is taken? Leaves may only be taken in one week periods. Leave must be taken in units of one or more No No Is required to provide notice? No No No Notice of at least one pay period unless circumstances necessitate a shorter period. No but must advise employer in writing. No Must advise of intention to take leave, anticipated commencement and duration of Must advise employer as soon as possible. No Must give 2 weeks notice unless valid reason why notice cannot be given. No No No Length of No No days No 3 months No 3 months No 30 days No No No 5

6 service requirement for eligibility? consecutive weeks prior to absence. Requirement that patient faces? Yes Yes No Yes Yes No Yes Yes Yes Yes Yes Yes Yes Can leave be renewed if patient does not die? No Yes must acquire new. No No Yes No No No No No No No No How are members defined? /CL (1 yr.) -child of spouse/cl -parent of spouse/cl -any defined in s. 23.1(1) of EI Act (see [CLC, 206.3( 1)] a member of an -any or individuals member of a class (see appendix).[esa, s. 52.1( 1)] Same definition as short term Same definition as short term an :, parent, stepparent, foster parent, -child, stepchild, foster child (or that of ir spouse - any individual as a member for purpose of this section (see An : -child -child of spouse -far -mor of far or mor -bror -sister -grandparents Same definition as short term /CL (1 yr) -child or child of spouse or CL -parent or parent s spouse/cl -any or member of a class (see /CL, bror, sister, and any or by regulations. [Note: regulations are silent on this issue] /CL (2 yrs.) -child or spouse/cl s child -parent or CL partner of parent or spouse -any or as defined in regulations (See,/CL -child or child of spouse/cl -parent, parent of spouse/cl or CL of parent -any or in 41.11(1) of EI Regulations (Canada) (See -child or child of spouse -parent or spouse of parent -any or in def of member in 23.1(1) of EI Act (Canada) (see appendix), or s (1) of Canada Code (see federal column) -any or by regulation (regulations silent). Same as in Federal Canada Code. 6