While Personal Leave Days are not outlined in our Collective Agreement, they are a right provided to all employees working in federally regulated industries under the Canada Labour Code. Below, you’ll find helpful information about Personal Leave Days—including eligibility, how to apply, what situations qualify, and your rights under the law.
Please note: this summary has been adapted from the Canada Labour Code, and legislative details are subject to change. As such, the most up-to-date and accurate information will always be found directly on the Government of Canada website. Links to the official resources are included at the end of this article for your reference.
What Are Personal Leave Days?
Under Part III in the Canada Labour Code 206.06 , it states:
1. Every employee is entitled to and shall be granted a leave of absence from employment of up to five days in every calendar year for
(a) [Repealed, 2021, c. 27, s. 6] NOTE: This used to state Personal Days could be used for your own sick time but since the Federal Code now allows for 10 sick days, this was removed)
(b) carrying out responsibilities related to the health or care of any of their family members;
(c) carrying out responsibilities related to the education of any of their family members who are under 18 years of age;
(d) addressing any urgent matter concerning themselves or their family members;
(e) attending their citizenship ceremony under the Citizenship Act; and
(f) any other reason prescribed by regulation.
2. Leave with pay
If the employee has completed three consecutive months of continuous employment with the employer, the employee is entitled to the first three 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.
3. Division of leave
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.
4. Documentation
The employer may, in writing and no later than 15 days after an employee’s return to work, request that the employee 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
IPG (Interpretations, Policies and Guidelines)
The Canada Labour Code is difficult to understand and interpret. The Federal Government has made available to the public documents called Interpretations, Policies and Guidelines (IPG) to explain the language in each CLC clause. Below are highlights from the Personal Leave IPG for our members reference; however please be aware that the language can change and only the information posted on the Canada Federal Labour Code and IPG is considered accurate.
Note: that there are hyperlinked definitions which you can click on. For example, under Urgent Matter, "family members" is highlighted blue. If you click on it, a link will open to the "Family Member IPG" which defines the term for the purpose of refusing overtime and personal leave.
Scheduling personal leave
An employee can request personal leave when the request meets the requirements of the Code. The Code does not grant the employer authority to determine when an employee or student intern takes personal leave. When there are multiple leave entitlements available to an employee or student intern, only the employee or student intern may decide to categorize the leave as personal leave. Employers should not decide when their employees or student interns take personal leave.
Urgent matter
An employee may take personal leave when addressing any urgent matter concerning themselves or their family members. The determination as to whether something is considered “urgent” falls to the employee. It is not appropriate for an employer to determine what may or may not be urgent in an employee’s circumstance. Only when the employee’s reason is clearly not urgent and it is obvious that abuse is occurring, would it be appropriate for an employer to deny a personal leave. The employer must give the benefit of doubt to the employee.
Providing documentation
An employer may request that the employee provide documentation to support the reasons for personal leave. The employer must do so in writing and no later than 15 days after the employee’s return to work. The employee is only required to provide that documentation if it is reasonably practicable for them to obtain and provide it.
The decision as to whether or not it is reasonably practicable to obtain documentation falls to the employee. If it is not reasonably practicable to obtain and provide documentation, the employee can decide instead to write and sign a statement to indicate the circumstances that led to their absence. When the employee has provided their written statement for the leave, an employer cannot deny personal leave on the basis that the employee did not provide documentation. Further information on the meaning of “reasonably practicable” is available within IPG-098.
Calculating personal leave pay entitlement for employees whose hours of work vary or who receive pay on a basis other than time
Section 17 of the Canada Labour Standards Regulations prescribes the method to calculate pay to which an employee is entitled for personal leave when the employee’s work hours differ from day to day or receive pay on a basis other than time. The employer calculates personal leave pay for these employees by taking 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.
Useful Links
Canada Labour Code – Division XIII: Personal Leave
Personal Leave (Interpretation, Policy and Guideline)
Personal leave is job-protected, meaning an employer cannot discipline or terminate a member for taking this leave when used in accordance with the Code. The leave does not carry over year to year and resets each calendar year and requests should be made as soon as reasonably possible, but advance notice is not always required in emergency situations. If members feel that the employer’s request for proof is unreasonable or overly invasive, they are within their rights to refuse to provide it. We encourage reps to support members in navigating these situations and reach out to the union if challenges arise. If you have any questions or if a member is facing difficulties accessing their personal leave, please don’t hesitate to contact the union for support.