Department of Community Services

Employment Standards

Special Leave Without Pay

The following questions and answers are for information purposes only. For actual interpretation and application purposes refer to the Employment Standards Act and regulations, or contact an Employment Standards Officer in the Employment Standards Office at 307 Black Street, Whitehorse, Yukon or call (867) 667-5944 (toll free within the Yukon 1-800-661-0408 extension 5944).

What is special leave?
Special leave is an unpaid leave of absence available to the employee for sick, bereavement, compassionate care and reservist leave.

What is the sick leave entitlement?
An employee is entitled to a maximum of 12 days of unpaid sick leave.  The leave is earned at the rate of one (1) day per month.

Is a doctor's certificate required? 
An employer can require an employee who is claiming sick leave to produce a medical certificate.

Can an employee who is ill or injured be fired?
An employee who is ill or injured cannot be fired unless they are away from work longer than their sick leave entitlement (unless they cannot produce a medical certificate if requested by the employer).  For example, an employee who works two (2) months, then is sick for two (2) days cannot be fired solely because of that illness.

What is Bereavement Leave entitlement?
The employee is entitled to seven (7) days of unpaid leave in the event of the death of a member of the immediate family.  The leave must be taken during the period starting the day of the death and ending two (2) days after the funeral.  If the employee is designated by the family of a deceased member of a First Nation as the person responsible for organizing the funeral potlatch for the deceased, then the employee is also entitled to the bereavement leave.

What is Compassionate Care Leave?
Compassionate Care Leave may allow an employee up to eight (8) weeks of unpaid leave and job protection to provide care or support to a family member with a serious medical condition and a significant risk of death within a specified 26 week period.

Who is a "family member"?
"Family Member" means the employee's spouse or common-law spouse, parent, child, including a child to whom the employee stands in place the of parent, brother, sister, mother-in-law, father-in-law, step-mother, step-father, son-in-law, daughter-in-law, grandparent, grandchild, any relative permanently residing in the employee's household, step-parent-in-law of the employee, uncle, aunt, niece or nephew of the employee or of the employee’s spouse or common law partner, step-sibling of the employee, step-sibling-in-law of the employee, sibling-in-law, current or former foster parent, foster child, ward or guardian of the employee, spouse or common law partner of a child, grandparent, grandchild, uncle, aunt, niece, nephew, current or former guardian or current or former guardian or current or former foster child of the employee, step-child-in-law of the employee, current or former foster parent or ward of the employee's spouse or common law partner and a person who considers the employee to be, or whom the employee considers to be, like a close relative.



Who qualifies for Compassionate Care Leave?
Employees regulated by the Employment Standards Act, which sets the minimum standards for employment in Yukon, qualify for Compassionate Care Leave.
There is no length of service required to qualify for this leave, but a medical certificate is necessary before the leave is taken.  The employer must be provided with a copy of the medical certificate on request.

Who pays the employee's wage while on Compassionate Care Leave?
Compassionate Care Leave under the Employment Standards Act entitles an employee to leave without pay for up to eight (8) weeks, and protects the employee’s job until the expiration of the leave.

Can the leave be shared?
The leave may be broken up, but must be taken in minimum blocks of one (1) week.  The leave may be shared between two (2) or more employees and may be taken outside of Canada.

What conditions of employment are protected during Compassionate Care Leave?
Compassionate Care Leave provides similar employee protections to Maternity and Parental Leave, such as the right to the leave and job protection for employees.  Employees who take Compassionate Care Leave must be reinstated in their former positions, or be given a comparable position in the same location and with the same wages and benefits.

The employer may not dismiss or discipline the employee for taking this leave and may not take the leave into account in any decision to promote or train the employee.  The pension, health and disability benefits, and the seniority of the employee accumulate during this period.  There is no break in continuity of employment while on leave.

What is Reservist Leave?
This leave provides job protection to Reservists deployed for overseas missions, including pre and post-deployment duties related to the operation, and to both Reservists and Rangers deployed for domestic emergencies, for up to 15 days of annual training.

Who qualifies for Reservist Leave?
An employee who is a member of the reserve force and has completed six (6) consecutive months of continuous employment with an employer, or a shorter period that is prescribed for a class of employees to which the employee belongs.  

Who pays the employee's wage while on Reservist Leave?
Reservist Leave under the Employment Standards Act entitles an employee to leave without pay for the duration of the assignment or training period.

What conditions of employment are protected during Reservist Leave?
Reservist Leave provides similar employee protections as Compassionate Care Leave, Maternity and Parental Leave, such as job protection.  Employees taking this leave must be reinstated in their former positions or a comparable position in the same location and with the same wages and benefits.

The employer may not dismiss or discipline the employee for taking this leave and must take the leave into account in any decision to promote or train the employee. The employer would not be required to make contributions to the employee's pension or benefits plans during the leave period.

Does the transfer of a business disrupt the special leave provision?
If the employee continues to be employed, the transfer of a business does not interrupt the employee's continuous service.  The employee does not lose any accrued sick leave.

What can be done if the employer or employee fails to comply with the special leave provisions?
The Director of Employment Standards is authorized to make orders requiring the employer to comply with the special leave provisions, to reinstate the employee and pay any lost wages, or to pay an employee compensation.