Canada Labor Law Guide 🇨🇦
Federal employees under the Canada Labour Code are entitled to 2 weeks of paid vacation after 1 year of service, increasing to 3 weeks after 5 years.
Canada Labor Law Guide
Federal employees under the Canada Labour Code are entitled to 2 weeks of paid vacation after 1 year of service, increasing to 3 weeks after 5 years.
Primary Legislation
Canada Labour Code
Secondary Legislation
Canada Labour Code
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Start Free TrialGeneral Statutory Framework
Essential compliance data regarding minimum entitlement and standard work hours in Canada.
Ref: Canada Labour Code Part IIIFederal employees under the Canada Labour Code are entitled to 2 weeks of paid vacation after 1 year of service, increasing to 3 weeks after 5 years.
Accrual
Accrues monthly after 1 month of continuous employment. May be taken after 1 year of service.
Carry Over
Generally must be taken within 10 months after the end of the vacation year. Provincial rules may vary.
Standard Week
40 hours
Max Weekly
48 hours
Max Daily
8 hours
Rest Period
8 consecutive hours free from work between shifts (11 hours for certain positions).
Employment Contract & Termination
Notice Period
Federal statutory minimum is 2 weeks. Common law may require longer notice based on age, service, and position. Typically ranges from 2 weeks to 24 months.
Canada Labour Code s.230Probation Period
Common probation period is 3 months, though not statutorily required. During probation, minimum notice requirements are reduced.
Canada Labour Code s.230Core Labor Obligations
Operational rules regarding leave requests, sick pay, and public holiday work that every HR manager must know.
Ref: Canada Labour Code Part IIILeave Requests
Typically 2 weeks advance notice required. Employer determines timing subject to employee preferences.
Sick Pay
Federal employees receive 10 days paid sick leave after 3 months of employment. Provincial rules vary.
Holiday Work
Employees working on statutory holidays receive time-and-a-half or premium pay plus substitute day off.
Part-Time Calculation
Pro-rata based on hours worked relative to full-time employees.
Parental & Family Leave
Maternity Leave
15 weeks maternity leave paid at 55% of insurable earnings (up to maximum) through Employment Insurance. Quebec has separate QPIP.
Canada Labour Code s.206 & EI ActPaternity/Partner Leave
35 weeks standard parental benefits or 61 weeks extended parental benefits at 33% pay. Can be shared between parents. Quebec has separate QPIP with different rules.
Canada Labour Code s.206.1 & EI ActSick Pay & Compensation
Sick Pay
Federal employees receive 10 days paid sick leave annually after 3 months. Provincial rules vary significantly. EI provides 15 weeks of sickness benefits.
Source: Canada Labour Code s.239Specific Laws & Regulations
Unique regulations and legal concepts that distinguish the Canada labor market from others.
Federal vs Provincial Jurisdiction
Only 6% of Canadian workplaces are federally regulated (banking, telecommunications, interprovincial transport). The remaining 94% follow provincial employment standards which vary significantly.
Common Law Notice
Courts often award notice periods beyond statutory minimums based on factors like age, length of service, position, and availability of similar employment. This can range from 2-24 months.
Pay Equity
Federal Pay Equity Act requires federally regulated employers to provide equal pay for work of equal value. Many provinces have similar legislation.
Quebec Parental Insurance
Quebec operates its own parental insurance plan (QPIP) separate from federal EI, providing more generous benefits and different eligibility rules.
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Frequently Asked Questions
What happens if a statutory holiday falls on a weekend?
Under federal rules, the holiday is observed on the following Monday. Provincial rules vary, with some provinces losing the holiday if it falls on a weekend.
Are employees entitled to vacation pay if they leave before taking vacation?
Yes, employees are entitled to vacation pay calculated as a percentage of gross earnings (4% for 2 weeks, 6% for 3 weeks) upon termination.
Do provincial employees have different rights than federal employees?
Yes, significantly. Provincial employment standards vary widely in areas like vacation entitlement, statutory holidays, termination notice, and overtime rules.
Looking for the holiday calendar?
View the official Canada public holiday list for 2025.
Legal Guides by Country
Select a jurisdiction to view detailed labor law requirements.
Disclaimer: This information is provided for general guidance only and does not constitute legal advice. Always consult official government sources and legal counsel for compliance matters.
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