Death or Disappearance of a Child Leave

An employee who has worked for the same employer for at least 90 days is entitled to unpaid leave if their child has disappeared or died as a result of a crime.

If the child has disappeared, the employee can take up to:

  • 52 weeks of leave, and

  • if the child has died, the employee can take up to 104 weeks of leave.

If the employee is charged with the crime that resulted in their child's disappearance or death.

The employee is required to provide their employer with reasonable verification of their entitlement to leave and must give written notice of their intention to take leave and their estimated date of return to work.

The leave period ends:

  • if the child is found alive after disappearing, or

  • if it is no longer probable that the disappearance or death was a result of a crime.

The employer is not allowed to terminate or lay off an employee who has started death or disappearance of child leave unless the employer suspends or discontinues the business or activity in which the employee is employed.

If the employer's business is suspended or discontinued during the employee's leave, the employer is obligated to reinstate the employee or provide alternative work if the business is resumed within 52 weeks following the end of the leave.

AB ESC s.53.95