Employees who are military reservists and who are deployed to an international operation or to an operation within Canada that is or will be providing assistance in dealing with an emergency or its aftermath (including search and rescue operations) are entitled under the ESA to unpaid leave for the time necessary to engage in that operation. In the case of an operation outside Canada, that would include pre-deployment and post-deployment activities that are required by the Canadian Forces in connection with that operation.
- What is reservist leave?
- What is a reservist?
- Am I entitled to reservist leave?
- When would I be entitled?
- Do I have to give notice to take reservist leave?
- How long can reservist leave last?
- What are my rights during a reservist leave?
- What if I think my employer is not following the ESA?
- Can I see the ESA?
| What is reservist leave?
Reservist leave is unpaid, job-protected leave for employees who are Canadian Forces military reservists and who are deployed to an international operation overseas or certain operations within Canada.
|What is a reservist?
A reservist is a member of the reserve force of the Canadian Forces as referred to in section 15(3) of the National Defence Act.
|Am I entitled to reservist leave?
In order to be eligible for reservist leave, you must have worked for your employer for at least six consecutive months. In addition, the leave is only available to reservists who gave notice and were deployed on operations on or after December 3, 2007.
|When would I be entitled?
A military reservist is entitled to take reservist leave if they are deployed to either an international operation or certain operations within Canada. Within Canada, the reservist must be deployed to provide assistance in dealing with an emergency or its aftermath, including such national disasters as flood relief, ice storms and search and rescue operations.
You are entitled to the leave for the period necessary to engage in the operation and in the case of international operations, for the period of any pre-deployment and/or post-deployment activities required by the Canadian Forces in connection with that operation.
You may also be required to provide evidence of the entitlement to the leave, if requested by the employer.
The leave is only available to reservists who gave notice and were deployed on operations on or after December 3, 2007.
|Do I have to give notice to take reservist leave?
You must provide your employer with reasonable written notice before beginning the leave. If you must begin the leave before you are able to give the employer any notice, you will be required to advise your employer as soon as possible after beginning the leave. Employees are also required to provide reasonable written notice of the day on which they intend to return from the leave.
|How long can reservist leave last?
The leave lasts for the period necessary for the operation, and in the case of international operations, includes any period required by the Canadian Forces for pre and/or post deployment activities in connection with that operation.
Employees are required to advise their employers in writing of the date they intend to return to work but the employer is able to postpone the employee's return date for two weeks or one pay period, whichever is later.
|What are my rights during a reservist leave?
Although reservist leave days are unpaid, employees are entitled to:
- continue to earn seniority
- continue to earn credit for length of service and length of employment
- be reinstated to the same position if it still exists or to a comparable position if it does not
If the employer postpones the employee's return to work, the employer is required to pay the employer's share of premiums for certain benefit plans related to his or her employment and allow the employee to participate in such plans for the period the return date is postponed.
You cannot be penalized for taking, or planning to take, reservist leave. See Reprisals
|What if I think my employer is not following the ESA?
What if I think my employer is not following the ESA?
|Can I see the ESA?
Employment Standards Act, 2000