Compassionate Care Leave - Information Notices

Background

The Canada Labour Code has been amended by adding the compassionate care leave of absence without pay from employment of up to eight weeks to provide care or support to a family member of an employee as defined by the Employment Insurance Act who has a serious medical condition with a significant risk of death within 26 weeks.

The Employment Insurance Act and Regulations have also been amended to introduce a new type of Employment Insurance benefits called the compassionate care benefits. These new benefits came into effect as of January 4, 2004.

Leave Provision

Presently, collective agreements have neither a provision for the compassionate care leave or a compassionate allowance.

The Treasury Board Secretariat is, however, instructing organizations listed in the Public Service Staff Relations Act, Schedule I Part I to grant leave without pay to employees who wish to apply for these Employment Insurance benefits.

This leave is to be approved in accordance with the provisions of the "Leave Without Pay for the Care of Immediate Family" or the "Leave Without Pay for Long-Term Care of a Parent" articles of the relevant collective agreement.

If there is no provision for either of these types of leave in the relevant collective agreement, the period of leave without pay is to be approved in accordance with the provisions of the "Leave Without Pay for Other Reasons" article of the relevant collective agreement until otherwise directed by the Treasury Board Secretariat.

Departmental Compensation and Staff Relations managers should direct any questions that they may have to their appropriate corporate officials who, if need be, can contact the Pay Administration Section.