Reservist Leave
The Labour Standards Code includes a leave for employees who serve in the Canadian Forces reserve force and require time off from their civilian employment for the purpose of service. The leave can be taken for a deployment inside or outside of Canada and associated activities, training required by the Canadian Forces (including military skills training), travel related to deployment and training, and treatment, recovery or rehabilitation with respect to a physical or mental health problem resulting from deployment or training activities. To qualify for this leave, the employee must be employed with their civilian employer for a period of at least three months.
Eligible employees can take up to 24 months of reservist leave within any 60-month period. They can take more leave than this if the leave is required as a result of a national emergency under the Emergencies Act (Canada).
Employees who take reservist leave must return to work no later than four weeks after a deployment related period of service ends. Employees who take reservist leave for training that is unrelated to deployment must return to work no later than the next regularly scheduled working day after the training related period of service ends.
To take Reservist Leave
An employee must give their employer four weeks' written notice of their intention to take reservist leave, the anticipated start and end date of the leave and the anticipated date of return to work. If an employee receives less than four weeks' notice from the Canadian Forces of a requirement to participate in a period of service, they must provide their civilian employer with as much notice as reasonable in the circumstances the notice does not need to be given in writing if it is not practicable to do so. If there are any changes to the anticipated start and end dates for the leave and the anticipated return to work date, the employee must inform the employer of these changes as soon as reasonably practicable and must do so in writing if possible.
An employer can require an employee to provide a certificate from an official with the Reserves confirming that the employee is a member of the Reserves who is required for service and specifying the dates for the period of service.
