HR glossary · Leave, health and benefits

Statutory leave (job-protected leave)

A statutory leave is time off that employment standards law requires you to allow, with the job protected. Each province sets its own list and rules.

Also called: job-protected leave, protected leave, ESA leave, employment standards leave

What statutory leave means

A statutory leave, often called a job-protected leave, is a leave that an employee is entitled to by law. It comes from the provincial or territorial employment standards act, or from the Canada Labour Code for federally regulated employers. If the employee qualifies and follows the notice rules, you must allow it.

Job-protected means the employee keeps their job while away and can return to the same or a comparable position. It also means you cannot dismiss, discipline or otherwise penalize the employee for taking or asking for the leave.

Most statutory leaves are unpaid. A few have a paid portion set by law, such as some sick days, bereavement days or domestic violence days in certain provinces. Typical statutory leaves include maternity, parental, sick, bereavement, compassionate care, critical illness, domestic violence, organ donor, reservist and family responsibility leave.

How it works

Start with eligibility. Many leaves only apply after the employee has worked for you for a minimum time, and the rules differ by province and by leave. Alberta uses 90 days for most leaves; Saskatchewan uses more than 13 consecutive weeks; Ontario and Manitoba set a different period for each leave.

Then check notice and proof. Some leaves need written notice weeks ahead; others can start the same day. Some let you ask for a medical certificate or other reasonable evidence; some limit what you can ask for. Write down what you asked for and why.

Keep records of every statutory leave: the type, the dates, any paid days and the expected return. Several leaves have yearly limits, so you need the history to know what is left. Issue a Record of Employment when an absence leads to 7 consecutive days with no work and no insurable earnings.

Your own policy can be more generous than the law, but never less. The figures in employment standards laws are minimums.

Common mistakes: refusing a leave because the business is busy, counting statutory leave against someone in an attendance review, and replacing the employee permanently while they are away.

Statutory leave by province

How long an employee must work for you before a statutory leave applies differs by jurisdiction. These are the service rules we confirmed.

Where the work is done	The rule
Federal	Paid days of bereavement and family violence leave, and reservist leave, require 3 consecutive months of continuous employment. Medical leave is earned at 1 paid day per month of employment.
British Columbia	Paid sick days start after 90 consecutive days. The 27-week serious illness or injury leave has no service requirement.
Alberta	Most job-protected leaves apply after 90 days with the same employer.
Saskatchewan	Most leaves require more than 13 consecutive weeks with the employer.
Manitoba	Varies by leave: 30 days for family leave, organ donation and a critically ill child; 90 days for compassionate care, interpersonal violence, long-term illness and a critically ill adult; 7 consecutive months for maternity leave.
Ontario	Varies by leave: two consecutive weeks for sick leave; 13 weeks for domestic or sexual violence, organ donor and long-term illness leave; six months for critical illness leave.
Quebec	The paid days for absences due to sickness, organ donation, accident or domestic or sexual violence apply after 3 months of uninterrupted service.

We could not confirm the Atlantic provinces or the territories. Check with that office.

Example: A new hire's first leave request at a Winnipeg salon

Elena runs a 7-person hair salon in Winnipeg. Her stylist Mia started 6 weeks ago. Mia's young son is sick and needs her at home for two days, and her mother has just been diagnosed with a serious illness. Mia asks for the two days now and says she may need a longer leave later.

Elena checks Manitoba's rules. Mia has more than the 30 days needed for family leave, so Elena approves 2 unpaid days now. For a longer compassionate care leave, Manitoba requires 90 days of service, which Mia does not have yet. Elena offers a short unpaid personal leave under her own policy if it is needed before then, and agrees to revisit it in six weeks.

Employment standards by province

Staffkin's free employment standards by province page sets out the minimum rules for each province, with links to the official sources.

See the rules by province

Free tools and guides for this

Questions about statutory leave

What does job-protected leave mean?

The employee keeps their job during the leave, can come back to the same or a comparable job, and cannot be penalized for taking it.

Are statutory leaves paid?

Most are unpaid. Some jurisdictions require a few paid days for specific leaves, such as sick days or domestic violence leave.

Can my leave policy be less generous than the law?

No. The law sets the minimum. You can offer more, never less.

Official sources

General information for Canadian employers, not legal advice. Rules differ by province and territory and change over time, so check with your provincial employment standards office (or the federal Labour Program if you are federally regulated) before you rely on it. See employment standards by province.

Checked against official sources on 4 November 2026.