Leave for Crime Related Disappearance or Death of a Child

An employee is entitled to an unpaid leave of absence of up to 52 weeks if the employee’s child disappears as a probable result of a crime. If an employee’s child dies as a probable result of a crime, an employee is entitled to an unpaid leave of absence of up to 104 weeks. A child is someone who is under the age of 18 years.

Am I eligible to apply?

To be eligible for the leave, an employee must be:
a) employed for a continuous period of at least three months by the same employer; and
b) is a parent of the child. A parent includes someone who is an adoptive / foster parent; a guardian or a spouse of a parent of the child.

When does the leave begin?

The leave begins on the first day of the work week when either the child disappears or dies as a probable result of a crime. An employee must take the leave in intervals of at least one week. An employee is not entitled to this leave if the employee is charged with a crime related to the disappearance or death of their child.

In the event of the child’s disappearance, the leave ends on the last day of the work week after:

a) 14 days have elapsed since the child is found alive;

b) 14 days have elapsed since circumstances have changed and it no longer seems probable the child’s disappearance was the result of a crime;
c) 52 weeks have elapsed since the first day of work week when the child disappeared; or
d) the child is found dead.

In the event of the child’s death, the leave ends on the last day of the work week after:

a) 14 days have elapsed since circumstances have changed when it no longer seems probable the child’s death was the result of a crime; or
b) 104 weeks have elapsed since the first day of work week when the child was found dead.
The total amount of unpaid leave taken by two or more employees cannot exceed 52 weeks if the child has disappeared and 104 weeks if the child has died.

What happens when the leave is finished?

When an employee returns to work following the end of the leave, the employee must be accepted back into the same position or a comparable one with no loss of wages or benefits.
An employee must provide reasonable documentation to show entitlement to the leave if the employer makes a written request.

Who can I contact for more information?

Hazel Walsh (Office Coordinator)
Sherwood Business Centre
161 St. Peters Road, 2nd Floor 
PO Box 2000
Charlottetown, PE
C1A 7N8
Telephone: (902) 368-5550
Toll Free: 1-800-333-4362
Fax: (902) 368-5476
Email: hawalsh@gov.pe.ca

 

Published date: 
March 7, 2016
Economic Growth, Tourism and Culture

General Inquiries

Labour and Industrial Relations
161 St. Peters Road
PO Box 2000
Charlottetown, PE C1A 7N8
Phone: 902-368-5550
Toll-free: 1-800-333-4362
Fax: 902-368-5476

hawalsh@gov.pe.ca