The Limitations of Job-Protected Leave
In most places of employment, employees are allowed to take a leave of absence, also known as job-protected leave, for many difference reasons. While most of these leaves are unpaid, an employee’s job/position within their place of employment is protected during their absence. In many cases, an employee does not need to be employed for a certain amount of time to take leave, even if they are in their probationary period. Though an employer is required to maintain the same position or a similar position during the employee’s absence, there are some limitations and exceptions. As experts in employment standards and law, the employment lawyers at Linley Welwood understand how complicated leaves of absence can be. That is why our team has provided some information on the limitations of job-protected leave to help employees understand how much time they are entitled to.
Types of Job-Protected Leave and Their Limitations
Before outlining the different types of leaves of absence, it is important to note that job-protected leave is different than leave covered by federal Employment Insurance benefits. Additionally, an employer may be able to legally terminate an employee while they are on leave due to restructuring, that results in the elimination of their position. The following is a list detailing the different types of job-protected leave and any limitations that apply to them:
Leave Respecting Domestic or Sexual Violence
An employee can take up to 5 days of paid leave and an additional 5 days of unpaid leave per calendar year, if they have been impacted by domestic or sexual violence. If necessary, an employee can take up to 15 additional weeks of unpaid, job-protected leave.
Personal Illness or Injury Leave
Employees can take up to 3 days of unpaid job-protected leave each year if they cannot work due to personal illness or injury.
Maternity or Parental Leave
Pregnant employees can take up to 17 consecutive weeks of unpaid maternity leave, but this leave often cannot start earlier than 13 weeks before the expected due date. Either parent is also entitled to up to 62 weeks of unpaid parental leave.
Compassionate Care Leave
Any employee is entitled to take up to 27 weeks of unpaid compassionate care leave within a 52-week period to care for a terminally ill family member.
An employee can take up to 3 days of unpaid leave if an immediate family member—parent, grandparent, sibling—passes away.
Leave Respecting the Disappearance or Death of a Child
An employee can take up to 52 weeks of unpaid leave if their child disappears as the result of a crime. In the event of their child’s passing, the employee can take up to 104 weeks of unpaid job-protected leave.
To learn more about the types of job-protected leave and their limitations, get in touch with the employment lawyers at Linley Welwood. Our team can be reached at 604-850-6640 and will be happy to answer any questions you may have.