If an employee has worked for an employer for at least 3 months and is the parent of a missing or deceased child, and it is likely that the disappearance or death was due to a crime, they can ask for unpaid leave.

• If the child is missing, they can get up to 52 weeks of unpaid leave, and

• if the child is found dead, they can get up to 104 weeks of unpaid leave.

The entitlement to leave ends if the child is found alive or dead, or if it becomes unlikely that a crime was involved.

The employee must provide reasonable documentation to support their entitlement to the leave, and when they return to work, the employer must allow them to resume their previous job or a similar one with the same pay and benefits.

An employee can only take unpaid leave in periods of at least one work week, and the total amount of unpaid leave taken by all employees for the same child or children cannot exceed 52 weeks for the disappearance or 104 weeks for death.

If the employee takes this unpaid leave, they must provide reasonable documentation if the employer asks for it.

Note: The employee is not entitled to leave if they are charged with a crime related to the disappearance or death of the child.

PEI ESA s.22.12