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The Key Components to setting up Payroll: Part 6.0 – Job Protected Leaves of Absence

4 mins read

This article is written to introduce job protected leaves of absence according to Saskatchewan Employment Standards. In this part of the series, we are going to discuss the most common leaves exercised by employees.

The Canadian Federal Government has set legislation concerning job protected leaves of absence (LOA), which is an option exercised by employees when they are required to take time away from work due to unusual or other life events. However, each province or territory administers LOAs to their own set minimum standard, which is why it is vital that you become accustomed to how your business’s regulatory body handles LOAs. A general rule to remember that if your province or territory does not have legislation around a certain policy, the Canadian legislature takes precedence.

The purpose of LOAs is to protect employees from unfair treatment, being disciplined or terminated from their position while they are away from work due to unusual or other life events. In other words, when an employee is on a genuine LOA, the employer must allow the employee to return to the same job or similar one without consequences or discrimination.

LOAs are typically applied when the required time off is not covered under the employer’s existing group benefits plan or other incentive programs. It is common for businesses to set their own leave policies; however, their LOA policies must comply to the governing body’s minimum standards. Depending on the type of leave and company practices, the employee may be granted the time off with or without pay.

Job Protected Leaves in Canada and Saskatchewan Include:

    1. Family Leaves: Maternity, Adoption, Parental, Bereavement, and Crime-related Death or Disappearance of a Child
    2. Service Leaves: Reserve Force, Nomination/Election and Candidate/Public Office, and Citizenship Ceremony
    3. Medical Leaves: Organ Donation, Critical Illness, Compassionate Care, or other medical situations
    4. Victims of Family Violence Leave
    5. Traditional Aboriginal Practices Leave
    6. Court or Jury Duty
    7. Public Health Emergency Leaves

Next in this series, we are going to discuss the most common LOAs taken by employees in the workplace which are Maternity/Parental Leave, Adoption Leave, Bereavement Leave, Compassionate Care Leave, and Critical Illness Leave.

Now that you have been introduced to what a job protected leave of absence (LOA) is and the various types that the Government of Canada and Saskatchewan offer to employees, please stay tuned for part 6.1 when we discuss Maternity/Parental Leave, where we will also provide you with a policy template which you can download and use for your business.

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