Statutory leave types in Canada 2026: An employer guide

Statutory leave in Canada is time off that employment standards law requires employers to grant, and most of it is job-protected but unpaid. Federally regulated employees follow the Canada Labour Code, while provincially regulated employees follow the rules of their province or territory, and income replacement during family leaves comes from Employment Insurance (EI) rather than the employer.

The email arrived at 7:40 on a Monday morning. A US operations director had one question for Dana, the HR manager at the company’s new Canadian office: what’s the Canadian version of FMLA? She needed it for the handbook by Friday.

Dana’s honest answer was that there isn’t one, because managing leave in Canada is complex and the rules vary widely by jurisdiction and tenure. Canada has one federal regime and 13 provincial and territorial ones, each with its own list of leaves, eligibility rules and notice requirements. This guide gives you a clear, definitive breakdown: paid versus unpaid leave, federal versus provincial rules and the 2025 and 2026 legislative updates that changed the picture for sick leave, bereavement, family leave and more. Use it as a map for your own handbook, with the rules sorted by who regulates your employees, so you can handle each request with confidence and keep your policies current.

Tracking leave for people in more than one province?

Understanding Canada’s leave landscape: Federal vs. provincial

Employment standards in Canada are split between one federal regime and 13 provincial and territorial ones. The Constitution gives provinces and territories primary authority over employment, which means the first question for any leave request is which law covers the employee.

Around 94% of the Canadian workforce falls under provincial employment standards law, and only about 6% is federally regulated. The Canada Labour Code (CLC) governs working time and leaves for federally regulated employees, such as those in banking, telecommunications, broadcasting, interprovincial transport and federal Crown corporations. Everyone else follows the employment standards statute of the province or territory where they work.

Which rulebook applies to your employees?

The employer’s industry decides the answer, not its location. A bank employee in Halifax and a telecom technician in Edmonton are both federally regulated employees, even though they live in provinces with their own employment standards acts. A retail clerk or a restaurant cook in the same cities is a provincially regulated employee. Some businesses have both kinds of staff, such as a company with a federally regulated transport arm and a provincially regulated head office, so the test needs to run employee by employee. If you’re unsure, start with the federal government’s list of federally regulated industries and treat everything else as provincial.

Job protection versus income replacement

Leave law does two separate jobs in Canada, and mixing them up is the most common stumbling block for employers who are new to the market. Job-protected leave is the right to take time off and return to the same or a comparable position. It comes from provincial employment standards or the CLC and is the employer’s responsibility. Income replacement is the money someone receives while they’re away, and for sickness, maternity, parental and caregiving leaves it comes from the federal EI program (or Quebec’s QPIP in Quebec), not from the employer.

In practice, employers do not pay for maternity or parental leave directly. They grant the time and protect the job. Any pay on top of EI is a contractual choice, which we cover below.

This guide focuses on the federal rules and the main provincial updates. Quebec runs a parallel system with its own labour standards law and QPIP, so Quebec employers should confirm details against Quebec sources.

Sick and medical leave entitlements

Federally regulated employees

Federally regulated employees are entitled to up to 10 days of paid medical leave per year. They earn the first 3 days after completing an initial 30-day qualifying period of continuous employment, then 1 further day at the start of each month after completing a month of employment, up to 10 days. Unused days carry over to the next year, but the total never exceeds 10, so carried-over days reduce what the employee accrues the following year.

The paid days cover personal illness or injury, organ or tissue donation, medical appointments and quarantine. Employers can require the days to be taken in full-day increments. If a medical leave is 5 days or longer, the employer may require a certificate from a health care practitioner, requested in writing within 15 days of the employee’s return.

Federally regulated employees are also entitled to up to 27 weeks of unpaid, job-protected medical leave for the same reasons. The 27 weeks lines up job protection with EI sickness benefits, which run for up to 26 weeks.

Provincially regulated employees

Most provinces do not require paid sick leave, so for provincially regulated employees short sick leave is typically unpaid but job-protected. For example, Ontario provides 3 unpaid sick days a year, while British Columbia provides 5 paid and 3 unpaid days after 90 days of employment.

Certificate rules also differ. Federally regulated employers may ask for a certificate when an absence is 5 days or longer. Provincially regulated employers face rules that depend on the province, and some have tightened them recently. In Saskatchewan, since January 1, 2026, an employer can ask for a medical certificate only when an employee has been absent for more than 5 consecutive working days or has had repeated absences of two or more working days within the previous 12 months. Check the rule for each province where you have staff before you write a blanket “note required” line into a policy.

Recent updates: the move to 27 weeks

A wave of changes across 2025 and 2026 has lifted long-term, job-protected illness leave to 27 weeks in several provinces. These are active law:

Each of these leaves is unpaid, and each can be taken in blocks. Employers should check the notice and certificate rules of the province where the employee works, because they differ. Our guide to Alberta’s job-protected sick leave walks through the details of one of the most recent changes.

Annual vacation leave and vacation pay

International employers often confuse two separate things. Vacation time is the actual job-protected days off. Vacation pay is the money set aside for that time, calculated as a percentage of gross earnings.

Vacation time versus pay accrual

In most jurisdictions and in federally regulated sectors, employees are entitled to at least 2 weeks of annual vacation and 4% vacation pay after one year of employment (or 12 consecutive months). After five years, this rises to at least 3 weeks and 6%. Federally regulated employees reach at least 4 weeks and 8% after ten consecutive years. Saskatchewan stands apart, starting every employee at 3 weeks and moving to 4 weeks after 10 years.

When vacation has to be taken

For provincially regulated employees, most jurisdictions require vacation to be taken within a set window after it’s earned, ranging from 4 to 12 months. Under federal standards, vacation must begin no later than 10 months after the end of the year of employment, unless the employee agrees otherwise in writing. Federally regulated employers may pay vacation pay within 14 days before the vacation begins.

Vacation during other leaves and at the end of employment

For federally regulated employees, vacation time and pay keep accruing during a paid leave, and benefits accumulate as though the employee were at work. During an unpaid leave, seniority continues to build, and vacation pay is calculated only on wages earned in the year of employment. The leave doesn’t change the date on which the employee becomes eligible for additional weeks of vacation. When employment ends, a federally regulated employer must pay out any vacation pay owed for completed years of employment within 30 days, along with vacation pay on the partly completed current year.

Public and statutory holidays

Statutory holidays are completely separate from vacation days. An employee doesn’t use a vacation day on a statutory holiday, and a holiday that falls during vacation doesn’t count against the balance in most jurisdictions.

The 2026 holidays

Each province and territory keeps its own list. Ontario and Manitoba each recognize nine, Saskatchewan 10 and British Columbia 11. Federally regulated employees are entitled to 10 general holidays:

The National Day for Truth and Reconciliation is a statutory holiday for federally regulated employees everywhere. Whether it’s a provincial holiday depends on the province, and it is a statutory holiday in British Columbia and Manitoba but not in Saskatchewan or Ontario.

Eligibility, substitution and premium pay

For federally regulated employees, general holiday pay is generally one-twentieth (1/20) of the wages, excluding overtime, earned in the 4 weeks before the week of the holiday. An employee who is scheduled to work on the holiday but doesn’t report loses the pay for that day. Part-time employees receive pay for the same holidays, adjusted to their hours.

When a holiday falls on a non-working day, the rule depends on the holiday. For New Year’s Day, Canada Day, the National Day for Truth and Reconciliation, Remembrance Day, Christmas Day and Boxing Day, a Saturday or Sunday that isn’t a scheduled workday gives the employee a paid day on the scheduled workday immediately before or after.

An employer can substitute another day for a general holiday. Without a collective agreement, that takes the employee’s written approval if it applies to one person, or the approval of at least 70% of affected employees if it applies to several, with a notice posted for at least 30 days before it takes effect.

An employee who works a federal general holiday receives no less than 1.5 times their regular wage for the hours worked, plus general holiday pay, with no extra day off. Managers and professionals who work receive their regular pay and a substitute paid holiday later.

For provincially regulated employees, premium rules vary. In British Columbia, eligible employees who work receive 1.5 times for up to 12 hours and double time after, plus an average day’s pay. In Saskatchewan, working employees receive holiday pay plus 1.5 times for every hour worked.

Need a clear view of who is on leave and which rules apply?

Maternity, pregnancy and parental leave

Pregnancy and maternity leave

Pregnant employees in federally regulated workplaces are entitled to up to 17 weeks of unpaid maternity leave. The leave can begin up to 13 weeks before the expected date of birth and end up to 17 weeks after the birth. The employee must give written notice at least 4 weeks before starting and provide a certificate from a health care practitioner confirming the pregnancy.

Pregnant or nursing employees can also ask their employer to modify their job or reassign them if their current work poses a risk to their health or their child’s health. While the employer examines the request, the employee is entitled to leave with pay at their regular rate.

Parental leave

Under the CLC, parental leave job protection lasts up to 63 weeks for one employee, or up to 71 weeks combined when two parents who both work for federally regulated employers share it. The leave must fall within the 78 weeks after the child’s birth or arrival. An employee who takes both maternity and parental leave is capped at 78 weeks combined, or 86 weeks when parental leave is shared.

Parental leave has to run as one continuous period for an employee who takes maternity leave first, though it can be interrupted for certain other leaves, such as medical leave or compassionate care leave, and then resumes. If a child is hospitalized shortly after birth or placement, the employee can ask to interrupt the leave and return to work temporarily, with the employer’s consent. When the leave ends, the employer must reinstate the employee in their former position or a comparable one, in the same location and with the same wages and benefits.

EI benefits: the income replacement side

EI benefits are separate from the leave itself, and an employee doesn’t need to collect EI to take the leave. For our guide to the money side, see maternity and parental benefits.

For 2026, the maximum insurable earnings (MIE) for EI is $68,900, and the maximum weekly benefit is $729 at the standard 55% rate.

Recent updates

The Canada Labour Code has also been amended to add a new unpaid, job-protected leave of up to 16 weeks for federally regulated employees who welcome a child through adoption or surrogacy. It is designed to pair with a new 15-week EI adoption benefit, and both come into force together by order in council. The latest government materials we found, from May 2026, still described the benefit as not yet in place, so confirm the status before relying on it.

Separately, temporary EI measures introduced for tariff-affected workers, which waive the 1-week waiting period and suspend the deduction of separation earnings such as severance and vacation pay, were originally due to end on October 10, 2026. On August 25, 2026, the federal government announced they would be extended by one year, with the extra 20 weeks for long-tenured workers extended by eight months. They apply to regular EI claims, which matters when you plan a termination package.

Top-ups

Because EI replaces at most 55% of earnings up to a cap, competitive Canadian employers often offer contractual top-ups that bring income replacement closer to 100% of salary. A top-up is a policy choice, so write the terms down, including how it applies to adoption leave once the new benefit is in place.

Compassionate care, critical illness and bereavement leave

Compassionate care leave

Federally regulated employees can take up to 28 weeks of unpaid leave within a 52-week period to care for a family member who has a serious medical condition with a significant risk of death. Two or more employees can share the leave, but the combined total can’t exceed 28 weeks. An employer can request a certificate within 15 days of the employee’s return.

The leave can be taken in periods of at least one week, which helps when a family member has several episodes of serious illness. Employees must give written notice as soon as possible, and if a leave of more than 4 weeks needs to change in length, they must give 4 weeks’ notice unless there’s a valid reason not to. On return, the employer must reinstate the employee in their former position or a comparable one.

Critical illness leave

Federally regulated employees can also take up to 37 weeks of unpaid leave to care for a critically ill child under 18, or up to 17 weeks to care for a critically ill adult. If the family member dies while the employee is on compassionate care or critical illness leave, the employee is entitled to bereavement leave.

Bereavement leave

Federally regulated employees are entitled to up to 10 days of bereavement leave on the death of an immediate family member, and the first 3 days are paid after 3 months of continuous employment. If their child (or their spouse’s or partner’s child) dies, they can take up to 8 weeks, with the first 3 days paid. Written notice is required, but no other documentation.

Provincially regulated employees get much shorter bereavement entitlements. Ontario provides 2 unpaid days a year and British Columbia provides 3 unpaid days. Our guide to bereavement leave in Canada covers the provincial rules and what employees are entitled to during times of grief.

Saskatchewan changed its rules on January 1, 2026. Its 5-day unpaid bereavement entitlement can now be taken any time within 6 months of a death, and eligibility extends to people the employee considers like family and to pregnancy loss.

Death or disappearance of a child

If a child under 25 dies or disappears because of a probable Criminal Code offence, federally regulated employees are entitled to up to 156 weeks of unpaid leave. An employee isn’t eligible if they’re charged with the crime.

Pregnancy loss

Since December 12, 2025, federally regulated employees are entitled to up to 8 weeks of leave for a stillbirth or 3 days for any other pregnancy loss. The first 3 days are paid after 3 months of continuous employment. The leave also covers an employee’s spouse or partner and intended parents in a surrogacy arrangement.

Personal, family violence and other statutory leaves

Federal leave at a glance

Personal leave

Federally regulated employees can take up to 5 days of personal leave a year to look after the health of a family member, manage education-related obligations for a family member under 18, handle an urgent situation or attend a citizenship ceremony. The first 3 days are paid once the employee has completed 3 consecutive months of continuous employment. Personal illness now falls under medical leave instead.

Family and domestic violence leave

Federally regulated employees who are victims of family violence, or parents of a child who is a victim, can take up to 10 days of leave per calendar year. They can take the leave in more than one period, though the employer may require each period to be at least a day. The employee must give written notice as soon as possible, and the employer may ask for supporting documents within 15 days of the employee’s return.

An employee is excluded from this leave only if they are charged with an offence related to the act, or if the circumstances make it probable that they committed the act. An accusation alone doesn’t disqualify someone.

Traditional Indigenous practices

Indigenous employees of federally regulated employers, with at least 3 months of continuous service, are entitled to up to 5 days of unpaid leave a year for practices such as hunting, fishing and harvesting. This leave exists only under the federal Code. Provincially regulated employees don’t have this entitlement, so it isn’t a general Canadian one.

Court and jury duty

Employers must provide unpaid leave for the time an employee needs to take part in a judicial proceeding as a witness, a juror or a candidate in jury selection.

Reserve force leave

Federally regulated employees with 3 consecutive months of service can take up to 24 months of leave in a 60-month period to take part in designated reserve force activities, except during a national emergency.

Job seeking leave in Ontario

Ontario introduced a new unpaid job-seeking leave of up to 3 days, effective November 27, 2025. It applies to employees who receive notice of a mass termination (50 or more employees within 4 weeks), so they can attend job searches, interviews and training. Employees should give at least 3 days’ notice where possible.

No penalties for taking leave

Employers can’t dismiss, suspend, lay off, demote or discipline an employee for applying for or taking a statutory leave. Under the Canada Labour Code, pension, health and disability benefits generally continue during most leaves as long as the employee keeps paying their share of any contributions.

Building a leave policy that works

A few points belong in every Canadian leave policy. State which employees are federally regulated and which are provincially regulated. Separate job-protected time from any pay on top of it, including EI top-ups. Record the notice and certificate rules each province requires. Review the policy whenever a province changes its rules, as four of them did for medical leave in the past year and a half. Our leave policy template gives you a starting point to adapt.

Before you finalize any leave request, run through these questions:

• Is the employee federally regulated or provincially regulated?
• Which leave applies, and how long has the employee been employed?
• Is the leave paid, unpaid or partly paid?
• What notice or certificate can you request, and by when?
• Is there an EI benefit or a contractual top-up to coordinate with the leave?

Have a leave policy to build or update this quarter?