On May 17, 2018, the Employment Standards Amendment Act, 2018 (Bill 6) came into force increasing maternity, paternity, and compassionate care leave and establishing two new job-protected leaves: crime-related child disappearance leave and child death leave.

New Leaves

1. Crime-Related Child Disappearance Leave

If a child under the age of 19 disappears as a result of crime, the child’s parent will be entitled to an unpaid leave of up to 52 weeks, beginning on the date that the child disappears. The leave must be taken in a single, continuous period or on an intermittent basis with the employer’s consent.

If the child is found alive, the parent is entitled to remain on leave for 14 days. If the child is found dead, if it is no longer probable that the child’s disappearance is a result of crime, or if the parent is charged with a crime that resulted in the disappearance of the child, the leave ends.

2. Child Death Leave

If a child under the age of 19 dies, a parent is entitled to an unpaid leave of up to 104 weeks (two years) beginning on the date the child dies or is found dead. Child death leave must be taken in a single, continuous period or on an intermittent basis with the employer’s consent.