Canada Labour Code
Sections and provisions with full text and the judgments that cite each one.
Section 191 — Definitions
The following definitions apply in this Division. employed in a continuous operation means, in respect of an employee, employment in any industrial establishment in which, in each seven-day period,…
Section 192 — Entitlement to holidays
Except as otherwise provided by this Division, every employee is entitled to and shall be granted a holiday with pay on each of the general holidays falling within any period of his employment.
Section 193 — General holiday falling on day off
Except as otherwise provided by this Division and subject to subsection (2), when a general holiday falls on a day that is a non-working day for an employee, the employee is entitled to and shall be…
Section 194 — Exemption under collective agreement
Section 193 does not apply in respect of any employees who are employed under the terms of a collective agreement that entitles those employees to at least nine holidays with pay, exclusive of any…
Section 195 — Substitution — employees subject to collective agreement
An employer may, in respect of one or more employees subject to a collective agreement, substitute any other day for a general holiday if the substitution is agreed to in writing by the employer and…
Section 195.1 — Voting, duration
Sections 172.1 and 172.2 apply, with such modifications as the circumstances require, in respect of the substitution of a general holiday pursuant to this Division.
Section 196 — Holiday pay
Subject to subsections (2) and (4), an employer shall, for each general holiday, pay an employee holiday pay equal to at least one twentieth of the wages, excluding overtime pay, that the employee…
Section 197 — Additional pay for holiday work
An employee who is required to work on a day on which they are entitled to holiday pay shall be paid, in addition to the holiday pay for that day, wages at a rate equal to at least one and one-half…
Section 198
[Repealed, 2012, c. 31, s. 221]
Section 199 — Holiday work for managers, etc.
Despite section 197, an employee excluded from the application of Division I under subsection 167(2) who is required to work on a day on which they are entitled to holiday pay shall be given a…
Section 200 — Holiday pay deemed to be wages
Holiday pay granted to an employee is for all purposes deemed to be wages.
Section 201 — Application of section 189
Section 189 applies for the purposes of this Division.
Section 201.1
[Repealed, 2012, c. 31, s. 222]
Section 202
[Repealed, 2012, c. 31, s. 222]
Section 203 — Definition of multi-employer employment
In this Division, multi-employer employment , as more particularly defined by the regulations, means employment in any occupation or trade in which, by custom of that occupation or trade, any or all…
Section 204 — Reassignment and job modification
An employee who is pregnant or nursing may, during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, request the employer to modify her job…
Section 205 — Employer’s obligations
An employer to whom a request has been made under subsection 204(1) shall examine the request in consultation with the employee and, where reasonably practicable, shall modify the employee’s job…
Section 205.1 — Entitlement to leave
An employee who is pregnant or nursing is entitled to and shall be granted a leave of absence during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the…
Section 205.2 — Employee’s duty to inform employer
An employee whose job functions have been modified, who has been reassigned or who is on a leave of absence shall give at least two weeks’ notice in writing to the employer of any change in the…
Section 206 — Entitlement to leave
Every employee is entitled to and shall be granted a leave of absence from employment of up to 17 weeks, which leave may begin not earlier than 13 weeks prior to the estimated date of her confinement…
Section 206.1 — Entitlement to leave
Subject to subsections (2) and (3), every employee is entitled to and shall be granted a leave of absence from employment of up to 63 weeks to care for a newborn child of the employee or a child who…
Section 206.2 — Aggregate leave — maternity and parental
The aggregate amount of leave that may be taken by more than one employee under sections 206 and 206.1 in respect of the same birth shall not exceed 86 weeks, but the aggregate amount of leave that…
Section 206.3 — Definitions
For the purposes of this section, care , family member and support have, subject to the regulations, the same meanings as in the regulations made under the Employment Insurance Act and week means the…
Section 206.4 — Definitions
For the purposes of this section, care , critically ill adult , critically ill child , family member and support have, subject to the regulations, the same meanings as in the regulations made under…
Section 206.5 — Definitions
The following definitions apply in this section. child means a person who is under 25 years of age. ( enfant ) crime means an offence under the Criminal Code , other than one that is excluded by the…
Section 206.51 — Definitions
The following definitions apply in this section. common-law partner , in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so…
Section 206.6 — Leave — five days
Every employee is entitled to and shall be granted a leave of absence from employment of up to five days in every calendar year for [Repealed, 2021, c. 27, s. 6] carrying out responsibilities related…
Section 206.7 — Definitions
The following definitions apply in subsection (2). child means a person who is under 18 years of age. ( enfant ) parent has the same meaning as in subsection 206.5(1) but does not include a curator…
Section 206.8 — Leave — five days
Every employee who is an Aboriginal person and who has completed three consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from…
Section 206.9 — Entitlement to leave
Every employee is entitled to and shall be granted a leave of absence from employment to attend court to act as a witness in a proceeding; act as a juror in a proceeding; or participate in a jury…
Section 207 — Notification to employer
Every employee who intends to take a leave of absence from employment under section 206 or 206.1 shall unless there is a valid reason for not doing so, give at least four weeks notice in writing to…
Section 207.01 — Minimum periods of leave
Subject to the regulations, a leave of absence under any of sections 206.3 to 206.5 may only be taken in one or more periods of not less than one week’s duration.
Section 207.02 — Interruption
An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1) or 239.1(1). The interrupted leave…
Section 207.1 — Notice to employer — interruption of leave
An employee who intends to interrupt their leave under subsection 206.1(2.4) or 207.02(1) shall provide the employer with a notice in writing of the interruption before or as soon as possible after…
Section 207.2 — Notification to employer — interruption for child’s hospitalization
An employee who intends to interrupt their maternity or parental leave in order to return to work as a result of the hospitalization of his or her child shall provide the employer with a notice in…
Section 207.3 — Notice to employer of leave
Every employee who takes a leave of absence from employment under any of sections 206.3 to 206.9 shall, as soon as possible, provide the employer with a notice in writing of the reasons for the leave…
Section 208 — Prohibition
Subject to subsection (2), no employer shall require an employee to take a leave of absence from employment because the employee is pregnant. An employer may require a pregnant employee to take a…
Section 208.1 — Application
Regardless of the time at which an employee makes a request under section 204, the rights and obligations provided under sections 204 and 205 take precedence over the application of subsection 208(2).
Section 209 — Right to notice of employment opportunities
Every employee who intends to or is required to take a leave of absence from employment under this Division is entitled, on written request therefor, to be informed in writing of every employment,…
Section 209.1 — Resumption of employment in same position
Every employee who takes or is required to take a leave of absence from employment under this Division is entitled to be reinstated in the position that the employee occupied when the leave of…
Section 209.2 — Right to benefits
The pension, health and disability benefits and the seniority of any employee who takes or is required to take a leave of absence from employment under this Division shall accumulate during the…
Section 209.21 — Effect of leave
Notwithstanding the provisions of any income-replacement scheme or any insurance plan in force at the workplace, an employee who takes a leave of absence under this Division is entitled to benefits…
Section 209.22 — Status of certificate
A certificate issued by a health care practitioner under this Division is conclusive proof of the statements contained in it.
Section 209.3 — Prohibition
No employer shall dismiss, suspend, lay off, demote or discipline an employee because the employee is pregnant or has applied for leave of absence in accordance with this Division or take into…
Section 209.4 — Regulations
The Governor in Council may make regulations specifying the absences from employment that are deemed not to have interrupted continuous employment referred to in any of sections 206.51 to 206.8;…
Section 209.5 — Application of section 189
Section 189 applies for the purposes of this Division.
Section 210 — Employee entitled
Except when subsection (1.01) applies, every employee is entitled to and shall be granted, in the event of the death of a member of their immediate family or a family member in respect of whom the…
Section 210.1 — Right to notice of employment opportunities
An employee who takes a leave of absence from employment under this Division is entitled, on written request, to be informed in writing of every employment, promotion or training opportunity that…
Section 210.2 — Resumption of employment in same position
An employee who takes a leave of absence from employment under this Division is entitled to be reinstated in the position that the employee occupied when the leave of absence commenced, and the…
Section 210.3 — Right to benefits
The pension, health and disability benefits and the seniority of any employee who takes a leave of absence from employment under this Division accumulate during the entire period of the leave. If…