Domestic Violence: Canada Labour Code and Canada Labour Standards Regulations
If you are in immediate danger, call your local police or dial 9-1-1.
Domestic violence does not stay at home; it is a workplace issue. Under current Canadaian law (via the Canada Labour Code), all federally regulated employers are required to have a documented response to workplace harassment and violences, including domestic violence.
As of September 1, 2019
Canada Labour Code
Leave for Victims of Family Violence
Definitions
206.7 (1) The following definitions apply in subsection (2).
child means a person who is under 18 years of age. (enfant)
parent has the same meaning as in subsection 206.5(1) but does not include a curator to the person. (parent)
Leave — 10 days
(2) Every employee who is a victim of family violence or who is the parent of a child who is a victim of family violence is entitled to and shall be granted a leave of absence from employment of up to 10 days in every calendar year, in order to enable the employee, in respect of such violence,
(a) to seek medical attention for themselves or their child in respect of a physical or psychological injury or disability;
(b) to obtain services from an organization which provides services to victims of family violence;
(c) to obtain psychological or other professional counselling;
(d) to relocate temporarily or permanently;
(e) to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding; or
(f) to take any measures prescribed by regulation.
Leave with pay
(2.1) If the employee has completed three consecutive months of continuous employment with the employer, the employee is entitled to the first five days of the leave with pay at their regular rate of wages for their normal hours of work, and such pay shall for all purposes be considered to be wages.
Exception
(3) An employee is not entitled to a leave of absence with respect to any act of family violence if the employee is charged with an offence related to that act or if it is probable, considering the circumstances, that the employee committed that act.
Division of leave
(4) The leave of absence may be taken in one or more periods. The employer may require that each period of leave be of not less than one day’s duration.
Documentation
(5) The employer may, in writing and no later than 15 days after an employee’s return to work, request the employee to provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.
Regulations
(6) The Governor in Council may make regulations defining the expressions “regular rate of wages” and “normal hours of work” for the purposes of subsection (2.1).
Canada Labour Standards Regulations
Regular Rate of Wages for Purposes of General Holidays, Personal Leave, Leave for Victims of Family Violence, Bereavement Leave and Medical Leave
17 For the purposes of subsections 206.6(2), 206.7(2.1), 210(2) and 239(1.3) of the Act, the regular rate of wages of an employee whose hours of work differ from day to day or who is paid on a basis other than time shall be
(a) the average of the employee’s daily earnings, exclusive of overtime hours, for the 20 days the employee has worked immediately preceding the first day of the period of paid leave; or
(b) an amount calculated by a method agreed on under or pursuant to a collective agreement that is binding on the employer and the employee.
Additional Resource
Labour Program – Leave Factsheet