Paid Time Off (PTO) and Leave Regulations in Canada Internal
What is the statutory minimum annual leave in Canada?
Vacation entitlements and vacation pay vary depending on the province the employee lives in. Employees must use, or be paid out, their minimum entitlement each completed entitlement year (Jan 1 - Dec 31), unless otherwise specified in their employment agreement.
Below are the statutory minimum vacation entitlements and vacation pay for each province.
Province | Vacation Entitlement | Vacation Pay |
Alberta, British Columbia, Manitoba, Ontario |
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New Brunswick |
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Newfoundland and Labrador |
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Northwest Territories, Nunavut |
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Nova Scotia |
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Prince Edward Island |
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Quebec |
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Saskatchewan |
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Yukon |
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What are the maternity and parental leave entitlements in Canada?
Maternity leave is only available to the individual who is away from work due to pregnancy or having recently given birth. The leave entitlement is up to 15 weeks of job-protected leave.
During this time the employee can apply for Employment Insurance benefits from the Canadian government, which are 55% of wages up to a weekly maximum of CAD 650. The employer is not required to pay the employee during this leave.
Maternity leave benefits can be followed by parental leave benefits, which are available to the parents of a newborn or newly adopted child and provide up to 18 months of job-protected leave.
This means an employer must allow their employee to go on leave and keep their job for them for when they return. It is not required for the employer to pay their employee during this time.
Parents can choose between standard or extended parental leave, which they share. With standard parental leave (12 months), the benefit is paid at a rate of 55% of earnings (CAD 650 weekly maximum) for up to 40 weeks, with no parent receiving more than 35 weeks. With extended parental leave (18 months), the benefit is paid at a rate of 33% of earnings (CAD 390 weekly maximum) for up to 69 weeks, with no parent receiving more than 61 weeks.
What is the sick leave entitlement in Canada?
While federal guidelines state that employers may not dismiss an employee for being on non-work-related sick leave, there is no requirement for this sick leave to be paid. It is common, however, for employers to make provisions for paid sick leave by implementing a sick leave policy.
In Quebec, employees are entitled to 26 weeks of unpaid sick leave for serious injury or illness in every 12-month period.
If an employee goes on sick leave, there are a number of government programs that provide payments to employees, such as the federal Employment Insurance program and provincial workers’ compensation (for work-related injury or illness).
Velocity Global’s standard practice is for supported employees to apply for Employment Insurance (EI) benefits for any short-term period of sickness, and when those have been exhausted (after 26 weeks), the benefits from the Canada Life Assurance long-term disability plan will kick in (if an employee is enrolled in that plan). EI benefits can be topped up at the discretion of the employer.
What other types of leave are there in Canada?
There are many different types of leave available to employees in Canada, depending on the province. These leaves can include bereavement, compassionate care, personal emergency, voting, and organ donation leaves, among several others.
Most of these leaves are unpaid, but some may need to be paid for by the employer, or may be covered by the government. For any questions regarding other types of leave in Canada, please reach out to Velocity Global through your normal process, and we will help you.