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Helping Families in Need Act (S.C. 2012, c. 27)

Assented to 2012-12-14

Helping Families in Need Act

S.C. 2012, c. 27

Assented to 2012-12-14

An Act to amend the Canada Labour Code and the Employment Insurance Act and to make consequential amendments to the Income Tax Act and the Income Tax Regulations

SUMMARY

This enactment amends the Canada Labour Code to provide an employee with the right to take leave when a child of the employee is critically ill or dies or disappears as the probable result of a crime. It also makes technical amendments to that Act.

Furthermore, the enactment amends the Employment Insurance Act to provide benefits to claimants who are providing care or support to their critically ill child and to facilitate access to sickness benefits for claimants who are in receipt of parental benefits.

Lastly, the enactment makes consequential amendments to the Income Tax Act and the Income Tax Regulations.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Helping Families in Need Act.

R.S., c. L-2CANADA LABOUR CODE

Marginal note:1993, c. 42, s. 26
  •  (1) The heading of Division VII of Part III of the Canada Labour Code is replaced by the following:

    Reassignment, Maternity Leave, Parental Leave, Compassionate Care Leave and Leave Related to Critical Illness
  • (2) The heading of Division VII of Part III of the Act is replaced by the following:

    Reassignment, Maternity Leave, Parental Leave, Compassionate Care Leave and Leave Related to Death or Disappearance

 Section 206 of the Act is renumbered as subsection 206(1) and is amended by adding the following:

  • Marginal note:Extension of period — child in hospital

    (2) If, during the period of 17 weeks following the date of confinement, the child who was born is hospitalized, the period is extended by the number of weeks during which the child is hospitalized.

  • Marginal note:Limitation

    (3) An extension under subsection (2) must not result in the period being longer than 52 weeks.

  •  (1) Section 206.1 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Extension of period

      (2.1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5, is absent due to a reason referred to in subsection 239(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

    • Marginal note:Extension of period — child in hospital

      (2.2) If the child referred to in subsection (1) is hospitalized during the period referred to in subsection (2), the period is extended by the number of weeks during which the child is hospitalized.

    • Marginal note:Limitation

      (2.3) An extension under subsection (2.1) or (2.2) must not result in the period being longer than 104 weeks.

    • Marginal note:Interruption

      (2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5, to be absent due to a reason referred to in subsection 239(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

    • Marginal note:Resumption

      (2.5) The leave referred to in subsection (1) resumes immediately after the interruption ends.

  • (2) Section 206.1 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Exception — sick leave

      (4) Except to the extent that it is inconsistent with subsection 239(1.1), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239(1).

    • Marginal note:Exception — work-related illness or injury

      (5) Except to the extent that it is inconsistent with subsections 239.1(3) and (4), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239.1(1).

    • Marginal note:Exception — member of reserve force

      (6) Despite section 209.1, sections 247.93 to 247.95 apply to an employee who interrupted the leave referred to in subsection (1) in order to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

 The Act is amended by adding the following after section 206.3:

Leave Related to Critical Illness

Marginal note:Interpretation
  • 206.4 (1) In this section, “critically ill child”, “parent” and “specialist medical doctor” have the same meanings as in the regulations made under the Employment Insurance Act and “week” has the same meaning as in subsection 206.3(1).

  • Marginal note:Leave  —  37 weeks

    (2) Every employee who has completed six consecutive months of continuous employment with an employer and who is the parent of a critically ill child is entitled to and shall be granted a leave of absence from employment of up to 37 weeks in order to care for or support that child if a specialist medical doctor has issued a certificate that

    • (a) states that the child is a critically ill child and requires the care or support of one or more of their parents; and

    • (b) sets out the period during which the child requires that care or support.

  • Marginal note:Medical practitioner

    (3) In the circumstances set out under the Employment Insurance Act, the certificate referred to in subsection (2) may be issued by a member of a class of medical practitioners that is prescribed under that Act.

  • Marginal note:Period when leave may be taken  —  child

    (4) The period during which the employee may take a leave of absence

    • (a) begins on the first day of the week in which either of the following falls:

      • (i) the day on which the first certificate is issued in respect of the child that meets the requirements of subsection (2), or

      • (ii) if the leave begins before the day on which the certificate is issued, the day from which the specialist medical doctor certifies that the child is critically ill; and

    • (b) ends on the last day of the week in which either of the following occurs:

      • (i) the child dies, or

      • (ii) the expiry of 52 weeks following the first day of the week referred to in paragraph (a).

  • Marginal note:Period when leave may be taken  —  children

    (5) If more than one child of the employee is critically ill as a result of the same event, the period during which the employee may take a leave of absence

    • (a) begins on the first day of the week in which either of the following falls:

      • (i) the day on which the first certificate is issued in respect of any of the children that meets the requirements of subsection (2), or

      • (ii) if the leave begins before the day on which the certificate is issued, the first day from which the specialist medical doctor certifies that any of the children is critically ill; and

    • (b) ends on the last day of the week in which either of the following occurs:

      • (i) the last of the children dies, or

      • (ii) the expiry of 52 weeks following the first day of the week referred to in paragraph (a).

  • Marginal note:Aggregate leave  —  employees

    (6) The aggregate amount of leave that may be taken by employees under this section in respect of the same child — or the same children who are critically ill as a result of the same event — must not exceed 37 weeks during the period referred to in subsection (4) or (5), as the case may be.

 The Act is amended by adding the following before section 207:

Leave Related to Death or Disappearance

Marginal note:Definitions
  • 206.5 (1) The following definitions apply in this section.

    “child”

    « enfant »

    “child” means a person who is under 18 years of age.

    “crime”

    « crime »

    “crime” means an offence under the Criminal Code, other than one that is excluded by the regulations.

    “parent”

    « parent »

    “parent” with respect to a child, means a person who, in law, is a parent (including an adoptive parent), has the custody of or, in Quebec, parental authority over the child, or is the guardian of or, in Quebec, the tutor to the person of the child, or with whom the child is placed for the purposes of adoption under the laws governing adoption in the province in which the person resides.

  • Marginal note:Leave  —  104 weeks

    (2) Every employee who has completed six consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to 104 weeks if the employee is the parent of a child who has died and it is probable, considering the circumstances, that the child died as a result of a crime.

  • Marginal note:Leave  —  52 weeks

    (3) Every employee who has completed six consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to 52 weeks if the employee is the parent of a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime.

  • Marginal note:Exception

    (4) An employee is not entitled to a leave of absence if the employee is charged with the crime or it is probable, considering the circumstances, that the child was a party to the crime.

  • Marginal note:Period when leave may be taken

    (5) The period during which the employee may take a leave of absence

    • (a) begins on the day on which the death or disappearance, as the case may be, occurs; and

    • (b) ends

      • (i) in the case of leave under subsection (2), 104 weeks after the day on which the death occurs, or

      • (ii) in the case of leave under subsection (3), 52 weeks after the day on which the disappearance occurs.

  • Marginal note:Disappearance of child

    (6) Despite paragraph (5)(b), in the case of a child who disappears and who is subsequently found, the period referred to in subsection (5) ends

    • (a) 14 days after the day on which the child is found, if the child is found during the 52-week period, but no later than the end of the 52-week period; or

    • (b) 104 weeks after the day on which the disappearance occurs if subsection (2) applies to the child.

  • Marginal note:Clarification

    (7) For greater certainty, a leave under this section ends on the day on which the circumstances are such that it is no longer probable that the death or disappearance was the result of a crime.

  • Marginal note:Aggregate leave  —  employees

    (8) The aggregate amount of leave that may be taken by employees under this section in respect of the same death or disappearance of a child — or the same children who die or disappear as a result of the same event — must not exceed 104 weeks in the case of a death or 52 weeks in the case of a disappearance.

 
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