Embedded Files
Types of leaves you can receive as an employee working in federally regulated Industries
Links: (Click for more info)
Leave Request Form
CPKC CLC LEAVE REQUEST FORM.pdfPersonal Leave
Every employee is entitled to and shall be granted a leave of absence from employment of up to five days in every calendar year for
carrying out responsibilities related to the health or care of any of their family members;
carrying out responsibilities related to the education of any of their family members who are under 18 years of age;
addressing any urgent matter concerning themselves or their family members;
attending their citizenship ceremony under the Citizenship Act.
Leave with pay
If the employee has completed three consecutive months of continuous employment with the employer, the employee is entitled to the first three days of the leave with pay at their regular rate of wages for their normal hours of work, and such pay shall for all purposes be considered to be wages.
Division of leave
The leave of absence may be taken in one or more periods. The employer may require that each period of leave be of not less than one day’s duration.
Documentation
The employer may, in writing and no later than 15 days after an employee’s return to work, request that the employee provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.
Paid Medical Leave
As an employee, you are entitled to up to 10 days of medical leave with pay per year for:
illness or injury
organ or tissue donation
attending medical appointments, or
quarantine
You are entitled to take medical leave with pay when your employer:
schedules you to work, or
expects you to be available for work
You cannot take medical leave with pay on a day your employer does not schedule or expect you to be available for work.
Your employer must pay you for each day of medical leave with pay that you take at your regular rate of wages for your normal hours of work. That pay is for all purposes considered to be wages.
You may take medical leave with pay in 1 or more periods. However, your employer may require that each period of leave be not less than 1 day’s duration.
Medical certificate:
The employer may, in writing and no later than 15 days after the return to work of an employee who has taken a medical leave of absence of at least five consecutive days, require the employee to provide a certificate issued by a health care practitioner certifying that the employee was incapable of working for the period of their medical leave of absence.
Earning your medical leave with pay
You will earn medical leave with pay after you complete an initial 30-day qualifying period of continuous employment with your employer.
After completing your initial 30-day qualifying period, you will earn your first 3 days of medical leave with pay.
After receiving your first 3 days, you will earn 1 further day at the start of each month after completing 1 month of continuous employment, up to a maximum of 10 days per year.
Any days of medical leave with pay that you do not take in a year will be carried over to the beginning of the new year up to a maximum of 10 days. In other words, any unused days will count toward the maximum of 10 days that you can earn during the year.
Interpretive Policy Guidelines (IPG'S)
The federal labour program publishes interpretive policy guidelines (IPG's) as tools to further explain and clarify the intent and application of legislation. Think of these IPG's as job aids for legislation. Three IPG's have been published relating to the use of Personal Leave & Paid Medical leave which are very helpful and links are provided below.
Links:
Payment Calculation
Calculating pay entitlement for employees whose hours of work vary or who are paid on a basis other than time
Section 17 of the Canada Labour Standards Regulations prescribes the method to calculate pay to which an employee is entitled for various leaves when:
the employee's work hours differ from day to day, or
the employee is paid on a basis other than time.
Canada Labour Standards Regulations section 17 states:
For the purposes of subsections 206.6(2), 206.7(2.1), 210(2) and 239(1.3) of the Act, the regular rate of wages of an employee whose hours of work differ from day to day or who is paid on a basis other than time shall be
(a) the average of the employee’s daily earnings, exclusive of overtime hours, for the 20 days the employee has worked immediately preceding the first day of the period of paid leave; or
Current Dispute
Section 17 is clear on which payment method the employer is to use. Furthermore, IPG-117 & IPG-118 explain in greater detail and provide an example of how a rail worker paid on a mileage basis will be paid. Currently, the employer only pays a 100-mile minimum day for any paid CLC leaves. This payment method is incorrect and does not meet the legislative requirement, the payment issue is currently in dispute. Our local division has filled hundreds of monetary complaints over the years alleging incorrect payment of wages owed. These complaints are submitted to the Labour Program for investigation. Our division has received favourable rulings confirming the employers incorrect payment method and ordering the employer to pay the average of the employee’s daily earnings, exclusive of overtime hours, for the 20 days the employee has worked immediately preceding the first day of the period of paid leave. The employer has appealed these payment orders issued by the Labour Program, and the issue was escalated to the Canadian Industrial Relations Board. On March 11, 2024 the Canadian Industrial Relations Board issued a ruling upholding the calculation method the code clearly lays out and ordered the employer to pay the 20-day average specified in the code. The employer requested a Judicial Review of this ruling and the matter was before the Federal Court of Appeals pending resolution. On January 8, 2026 the federal court ruled on the Arthur case dismissing CPKC's argument and upholding the CIRB's original ruling.
Canadian Industrial Relations Board
Canadian Pacific Kansas City Railway VS Darren J. Arthur
CILB Canadian Pacific Railway Company vs Darren J. Arthur.pdfFederal Court of Appeal
Canadian Pacific Kansas City Railway vs Darren J. Arthur
Federal Court of Appeals CPKC vs Darren J. Aurthur & Attorney General of Canada.pdfMonetary & Non-Monetary Complaints
Notify the division Legislative Representative if you have utilized a paid Canada Labour Code leave and have not been paid the average of your last 20-days worked. A monetary complaint will be filed on your behalf to obtain proper payment of wages.
Any division member who is denied a legitimately entitled leave, or if a leave is incorrectly applied by the employer should notify the division Legislative Representative and a Non-Monetary complaint shall be submitted to the Labour Program on your behalf alleging non compliance.
Division representation for Monetary Complaints regarding Personal leave will be provided by Ryan Heidinger
Division representation for Monetary Complaints regarding Medical leave, family violence, & traditional aboriginal practices will be provided by David Getz
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