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How do I get leave without pay?

Verified 13 August 2021 - Legal and Administrative Information Directorate (Prime Minister)

You can ask your employer to be granted leave for personal, unpaid, called leave without pay. The collective agreement or collective agreement applicable to the company may provide for leave without pay. The employer does not have a legal obligation to grant you this leave. If you are granted leave without pay, you will return to your previous job or equivalent at the end of your leave.

Leave without pay is leave without pay.

You may take this leave for personal reasons.

You can also take this time off for business purposes (for example, creating a company).

This leave is not provided for by legislation.

Your employer is not required to grant you this leave without pay.

If the collective agreement or collective agreement provides for leave without pay, your employer must comply with it.

In the absence of treaty provisions or collective, your employer's agreement is necessary.

It is preferable to prepare a written document, which will serve as evidence in case of litigation.

This document may include the following conditions:

  • Expected start and end dates of leave
  • Opportunity to renew leave
  • Conditions for return of employee to company

Your work contract is suspended during your leave.

You are free to use your time off to do any of your activities (personal or professional activities, possibly for another employer, except non-competition clause).

During the leave without pay, you do not receive any salary.

However, your leave without pay may be paid under time savings account (TFSA), subject to conditions.

At the end of your leave, you find your previous job or similar job.