Department of Community Services

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 Labour Services Office on the 3rd Floor of the Law Centre, 2130-2nd Avenue, Whitehorse, Yukon or call (867) 667-5944 (toll free within the Yukon 1-800-661-0408 extension 5944).

  1. What is special leave?
  2. Who is entitled to special leave without pay?
  3. What is the bereavement leave entitlement?
  4. Who is the "immediate family"?
  5. What is the sick leave entitlement?
  6. Is a doctor's certificate required?
  7. Can an employee who is ill or injured be fired?
  8. What is Compassionate Care Leave?
  9. Who qualifies for Compassionate Care Leave?
  10. Who pays the employee's wage while on Compassionate Care Leave?
  11. Can the leave be shared?
  12. What conditions of employment are protected during Compassionate Care Leave?
  13. Does the transfer of a business disrupt the special leave provision?
  14. What can be done if the employer or employee fails to comply with the special leave provisions?
  1. What is special leave?
    Special leave is an unpaid leave of absence available to the employee for illness or injury, or for a death in the employee's immediate family.

  2. Who is entitled to special leave without pay?
    All employees are entitled to bereavement leave. Employees who have completed 1 month of employment are also entitled to sick leave. An employee's entitlement to sick leave is based on their length of service.

  3. What is the bereavement leave entitlement?
    The employee is entitled to 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 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 potlach for the deceased, then the employee is also entitled to the bereavement leave.

  4. Who is the "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 employees spouse or common law partner, step-sibling of the employee, step-sibling-in-law of the employee, sibling-in-law or step-sibling-in-law of the employee, 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.

  5. 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 1 day per month.

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

  7. 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 or unless they cannot produce a medical certificate. For example, an employee works 2 months, then is sick for 2 days. That employee cannot be fired solely because of that illness.

  8. What is Compassionate Care Leave?
    Compassionate Care Leave may allow an employee up to eight weeks of 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.

  9. 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.

  10. 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 weeks, and protects the employee's job until the expiration of the leave.

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

  12. 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.

  13. 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.

  14. 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.