Bill C-343: An Act to amend the Canada Labour Code and the Employment Insurance Act (family leave)

C-343 Second Session, Fortieth Parliament, 57-58 Elizabeth II, 2009 HOUSE OF COMMONS OF CANADA BILL C-343 An Act to amend the Canada Labour Code and the Employment Insurance Act (family leave) first reading, March 25, 2009 Mrs. Bonsant 402083 SUMMARY This enactment amends the Canada Labour Code to allow employees to take unpaid leave from work for the following family-related reasons: (a) the inability of their minor child to carry on regular activities because the child suffers a serious physical injury during the commission or as the direct result of a criminal offence; (b) the disappearance of their minor child; (c) the suicide of their spouse, common-law partner or child; or (d) the death of their spouse, common-law partner or child during the commission or as the direct result of a criminal offence. It also amends the Employment Insurance Act to allow these employees to receive benefits while on leave. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 2nd Session, 40th Parliament, 57-58 Elizabeth II, 2009 house of commons of canada BILL C-343 An Act to amend the Canada Labour Code and the Employment Insurance Act (family leave) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. L-2 CANADA LABOUR CODE 1. The heading of Division VII of Part III of the Canada Labour Code is replaced by the following: Reassignment, Maternity Leave, Parental Leave, Compassionate Care Leave and Family Leave 2. The Act is amended by adding the following after section 206.3: Family Leave Definition of “minor child” 206.4 (1) In this section and section 206.5, “minor child” means a person under 18 years of age. Physical injury to a minor child (2) Every employee is entitled to a leave of absence of up to 104 weeks if the employee’s presence is required by the employee’s minor child who has suffered a serious physical injury during the commission or as the direct result of a criminal offence that renders the child unable to carry on regular activities. Disappearance of a minor child 206.5 Every employee is entitled to a leave of absence of up to 52 weeks if the employee’s minor child is missing. If the child is found before the expiry of the leave, the leave shall end on the eleventh day following the day on which the child is found. Suicide 206.6 Every employee is entitled to a leave of absence of up to 52 weeks if the employee’s spouse, common-law partner or child commits suicide. Death resulting from a criminal offence 206.7 Every employee is entitled to a leave of absence of up to 104 weeks if the employee’s spouse, common-law partner or child dies during the commission or as the direct result of a criminal offence. Serious physical injury 206.8 (1) Sections 206.4 to 206.7 apply if it may be inferred from the circumstances of the event that the serious bodily injury is probably the result of a criminal offence, the death is probably the result of such an offence or of a suicide, or the person who has disappeared is probably in danger. Exclusion (2) However, an employee may not take benefit from these provisions if it may be inferred from the circumstances that the employee — or, in the case of section 206.7, the deceased person, if that person is the spouse, common-law partner or adult child — was probably a party to the criminal offence or probably contributed to the injury by gross negligence or, in the Province of Quebec, gross fault. Return to work 206.9 (1) A period of leave under sections 206.4 to 206.7 shall not begin before the date on which the criminal offence that caused the serious physical injury was committed or before the date of death or disappearance and shall end not later than 52 or 104 weeks after that date, as the case may be. However, if the employer consents thereto, the employee may return to work on a part-time basis or intermittently during the leave. New event (2) If, however, during the same 52- or 104-week period, a new event occurs, affecting the same child and giving entitlement to a new period of leave, it is the longer period that applies, from the date of the first event. Notice to employer 206.10 For the purposes of sections 206.4 to 206.7, the employee must have completed three consecutive months of continuous employment and the leave is without pay. The employee must also advise the employer of the leave as soon as possible and the reasons for it. Where warranted, particularly by the length or repetitive nature of the leave, the employer may ask the employee to provide certification. Benefits 206.11 The Governor in Council may, by regulation, determine the other benefits to which the employee is entitled during the leave referred to in sections 206.4 to 206.7. Dismissal, suspension or reassignment 206.12 Nothing in sections 206.4 to 206.7 prevents an employer from dismissing, suspending or reassigning an employee if the consequences of the criminal offence or the repetitive nature of the leave constitute a just and sufficient cause under the circumstances. Terminations of employment or lay-offs 206.13 If the employer carries out terminations or lay-offs that would have included the employee referred to in sections 206.4 to 206.7 had that employee remained at work, that employee retains the same rights as the employees actually terminated or laid off, particularly with respect to a return to work. Benefit 206.14 The leave referred to in sections 206.4 to 206.7 does not confer any benefit on an employee that the employee would not have received had the employee remained at work. 1996, c. 23 EMPLOYMENT INSURANCE ACT 3. Subsection 6(1) of the Employment Insurance Act is amended by adding the following in alphabetical order: “family leave”« congé pour raisons familiales » “family leave” means the period during which a beneficiary is absent from work for one of the following reasons: (a) the employee’s presence is required by the employee’s child under 18 years of age who has suffered a serious physical injury during the commission or as the direct result of a criminal offence that renders the child unable to carry on regular activities; (b) the employee’s child, who is under 18 years of age, is missing; (c) the employee’s spouse, common-law partner or child commits suicide; or (d) the employee’s spouse, common-law partner or child dies during the commission or as the direct result of a criminal offence; 4. Paragraph 8(2)(a) of the Act is replaced by the following: (a) incapable of work because of a prescribed illness, injury, quarantine, pregnancy or as a result of taking family leave; 5. Subsection 12(3) of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after paragraph (c): (c.1) because the claimant is on family leave is 52; and 6. Paragraph 18(b) of the Act is replaced by the following: (b) unable to work because of a prescribed illness, injury or quarantine or as a result of taking family leave, and that the claimant would otherwise be available for work; or 7. Section 21 of the Act is replaced by the following: Illness, etc. — minor attachment claimants 21. (1) A minor attachment claimant who ceases work because of illness, injury or quarantine or as a result of taking family leave is not entitled to receive benefits while unable to work for that reason. Limitation (2) If benefits are payable to a claimant for unemployment caused by illness, injury or quarantine or as a result of taking family leave and any allowances, money or other benefits are payable to the claimant for that illness, injury or quarantine or family leave under a provincial law, the benefits payable to the claimant under this Act shall be reduced or eliminated as prescribed. Deduction (3) If earnings are received by a claimant for a period in a week of unemployment during which the claimant is incapable of work because of illness, injury or quarantine or as a result of taking family leave, subsection 19(2) does not apply and, subject to subsection 19(3), all those earnings shall be deducted from the benefits payable for that week. 8. Subparagraph 54(y)(i) of the Act is replaced by the following: (i) inability to work because of illness, injury or quarantine or as a result of taking family leave, or 9. Subsections 69(1) and (2) of the Act are replaced by the following: Premium reduction — wage-loss plans 69. (1) The Commission shall, with the approval of the Governor in Council, make regulations to provide a system for reducing the employer’s premium where (a) the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, family leave, child care or compassionate care under a plan that covers insured persons employed by the employer, other than one established under provincial law, would have the effect of reducing the special benefits payable to the insured persons; and (b) the insured persons will benefit from the reduction of the employer’s premium in an amount at least equal to 5/12 of the reduction. Provincial plans (2) The Commission shall, with the approval of the Governor in Council, make regulations to provide a system for reducing the employer’s and employee’s premiums when the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, family leave, child care or compassionate care under a provincial law to insured persons would have the effect of reducing or eliminating the special benefits payable to those insured persons. Definition of “family leave” (2.1) In subsections (1) and (2), “family leave” has the same meaning as in section 6. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada