Act respecting labour standards Chapter IV - Larbour standards (Section 39.1 to 97)
Chapter IV - Larbour standards (Section 39.1 to 97)
Division V.1.1 - Absences of reservists employees (Sect. 81.17.1 à 81.17.6)
Absences of reservists employees
An employee who is also a reservist of the Canadian Forces may be absent from work, without pay, for one of the following reasons:
- if the employee is credited with 12 months of uninterrupted service, to take part in an operation of the Canadian Forces outside Canada, including preparation, training, rest and transportation from the reservist’s place of residence and back, for a maximum period of 18 months;
- to take part in an operation of the Canadian Forces in Canada whose purpose is to
- provide assistance in the case of a major disaster within the meaning of the Civil Protection Act (chapter S-2.3);
- aid the civil power, on request of the Attorney General of Québec under the National Defence Act (Revised Statutes of Canada, 1985, chapter N-5); or
- intervene in any other emergency situation designated by the Government;
- to take part in the annual training for the period prescribed by regulation or, if no such period is prescribed, for a period of not more than 15 days; or
- to take part in any other operation of the Canadian Forces, in the cases, on the conditions and for the period prescribed by regulation.
The designation of an emergency situation under subparagraph c of subparagraph 2 of the first paragraph comes into force on the date set by the Government, which date may be earlier than the date of the designation, and is published in the Gazette officielle du Québec.
2008, c. 30, s. 5.
These provisions allow an employee who is a Canadian Forces reservist credited with 12 months of continuous service with an employer to be absent from work, without pay, for a period of up to 18 months to participate in a mission abroad.
In addition, subject to the conditions stipulated in the Act, an employee reservist can also avail himself of such a leave to intervene in Canada during a major disaster or an emergency situation. The employee may also be absent to take part in annual training, for the period stipulated by regulation or, failing that, for a period of not more than 15 days. In addition, the employee may be absent to take part in any other Canadian Forces operation, in Canada or abroad, in the cases established by government regulation, under the conditions and for the duration stipulated therein.
In all cases, the employee will be able to return to his usual job after his mission.