Leave for Crime Related Disappearance or Death of a Child

An employee can take an unpaid leave of absence of up to 52 weeks if the employee’s child disappears as a likely result of a crime. If an employee’s child dies as a likely result of a crime, an employee can take an unpaid leave of absence of up to 104 weeks. A child is someone who is under the age of 18 years. To be eligible for the leave, an employee must be: 

1. employed by the same employer for at least three months in a row; and 
2. 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. 

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

If a child is missing, the leave ends at the end of the work week when the earliest of the following occurs: 14 days after the child is found alive, 14 days after it is no longer likely a crime, 52 weeks from disappearance, or the child is found dead. If the child has died, the leave ends when the earliest of the following occurs: 14 days after it is no longer likely a crime, or 104 weeks from the week the child was found dead. 

If two or more employees take this leave, they can share up to 52 weeks if the child is missing, or up to104 weeks if the child has died. When the leave ends, the employee must be given their job back, or a similar job, with the same pay and benefits.