More Flexibility for Compassionate Care Leave

Summary#

This bill changes the Canada Labour Code rules for compassionate care leave. It lengthens the window in which an employee can take this leave and clarifies how long leave can continue after the family member dies. It does not change who is eligible or make the leave paid.

• Extends the overall window to take compassionate care leave to 52 weeks from the start week set by the medical certificate (Bill 206.3(3)(b)(v)).
• Keeps compassionate care leave job-protected and unpaid; the bill does not add pay requirements or change eligibility tests (bill only amends 206.3(3)(b) and 206.3(4)(b)).
• Sets clear end dates after a death: up to 0–3 weeks after the week of death, depending on when the leave began (Bill 206.3(3)(b)(i)-(iv)).
• If the medical certificate sets a shorter period than the default, that shorter period governs the end of the allowable window (Bill 206.3(4)(b)).
• Applies to employees under federal labour jurisdiction (e.g., banks, airlines, telecom) covered by the Canada Labour Code.

What it means for you#

• Households and workers (federally regulated)

  • More time flexibility: You can take compassionate care leave within a 52‑week window tied to the medical certificate, instead of a shorter window (Bill 206.3(3)(b)(v)).
  • Clear time after a death: Your leave can continue after your family member dies for:
    • 0 weeks if your leave began 27 weeks before the week of death,
    • 1 week if it began more than 19 but less than 27 weeks before,
    • 2 weeks if it began more than 4 but less than 20 weeks before,
    • 3 weeks if it began less than 5 weeks before (Bill 206.3(3)(b)(i)-(iv)).
  • Medical certificate limits still apply. If the certificate sets a shorter period, that shorter period limits the leave window (Bill 206.3(4)(b)).
  • Pay and benefits: The bill does not make the leave paid. Existing job protection continues; your employer must hold your job or a comparable one under the Code.

• Employers (federally regulated)

  • Longer scheduling horizon: Employees may spread compassionate care leave within a 52‑week window, which can increase intermittent absences and planning needs (Bill 206.3(3)(b)(v)).
  • Clearer end‑date rules after a death reduce disputes but require tracking the leave start date to apply the correct 0–3 week post‑death period (Bill 206.3(3)(b)(i)-(iv)).
  • Policies and training: Update leave policies, forms, and HR systems to reflect the 52‑week window and post‑death rules.
  • No mandated wage costs: The bill does not require paid leave and does not change employer pay obligations.

• Provinces and territories

  • No change. This bill amends the federal Code only. Provincial and territorial labour codes are not affected.

• Service users and customers

  • Possible staffing gaps in federally regulated services may extend over a longer window. Coverage plans may vary by employer. Data unavailable.

Expenses#

Estimated net cost: Data unavailable.

• Federal appropriations in the bill text: None. The bill only amends Canada Labour Code provisions on leave timing (Bill 206.3(3)(b), 206.3(4)(b)).
• Direct employer wage costs mandated by the bill: None. The bill does not make the leave paid.
• Government administration or enforcement costs: Data unavailable.
• Employer compliance or scheduling costs: Data unavailable.

Proponents' View#

• Gives families practical flexibility to provide care over a longer period when illness is prolonged or uncertain, by creating a 52‑week window to take leave (Bill 206.3(3)(b)(v)).
• Ensures time to handle arrangements and grieving by allowing up to 3 weeks of leave after a death when leave began close to the death (Bill 206.3(3)(b)(iv)).
• Clarifies end‑date rules, which can reduce disputes and administrative confusion for both workers and employers (Bill 206.3(3)(b)(i)-(v)).
• Helps avoid forcing workers back to work mid‑care because the earlier, shorter window ran out, while still keeping existing eligibility tests and unpaid status unchanged (Bill 206.3 overall; amendments limited to timing).

Opponents' View#

• Extending the window to 52 weeks may increase operational uncertainty and make scheduling harder if employees take leave intermittently across a full year (Bill 206.3(3)(b)(v)).
• The tiered post‑death rules (0–3 weeks) add complexity; HR must track the precise start date to apply the correct allowance, increasing administrative burden (Bill 206.3(3)(b)(i)-(iv)).
• Longer protected periods may raise backfill and training costs for employers, especially in small teams. Data unavailable.
• Without added funding or guidance, federal enforcement and employer compliance systems may face transition costs to update policies and educate staff. Data unavailable.