Family member – IPG-097

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• Subject
• Issue
• Interpretation

Subject

The purpose of this Interpretation, Policy and Guideline (IPG) is to define the term "family member" for the purpose of section:

• 174.1 regarding the right to refuse overtime in Division I of Part III of the Canada Labour Code (Code), and
• 206.6 regarding personal leave in Division VII of the Code

Issue

The following provisions have been added to the Code:

• right to refuse– 174.1. This provision applies to all employees (includes persons often referred to as “interns”)
• personal leave – 206.6. This provision applies to all employees and student interns

A standard interpretation and application are required nationally for the term "family member" as it applies to these provisions. This IPG addresses the following:

• the people close to the employee (includes persons often referred to as “interns”) or student intern who meet the definition of "family member" for the purposes of the right to refuse overtime and personal leave

Interpretation

For the purposes of sections 174.1 and 206.6, an employee's or student intern’s "family member" means

• the employee's/student intern’s spouse or common-law partner
• the employee's/student intern’s father and mother and the spouse or common-law partner of the father or mother
  • the employee's/student intern’s foster father and foster mother
• the employee's/student intern’s children and the children, grandchildren, brothers and sisters of the employee's/student intern’s spouse or common-law partner
  • the spouse of common law partner of the employee's/student intern’s children
  • a child to whom the employee/student intern or the employee's/student intern’s spouse or common-law spouse acted as foster parents, under the laws in force in each province
• the employee's/student intern’s grandchildren
• the employee's/student intern’s brothers and sisters and spouse or common-law partner of the employee's/student intern’s brothers and sisters
  • the employee's/student intern’s nieces and nephews and the spouse or common-law partner of the employee's/student intern’s nieces and nephews
  • the employee's/student intern’s aunts and uncles and the spouse or common-law partner of the employee's/student intern’s aunts and uncles
• the grandfather and grandmother of the employee/student intern
• the father and mother of the spouse or common-law partner of the employee/student intern and the spouse or common-law partner of the father or mother
• any relative of the employee/student intern who resides permanently with the employee/student intern or with whom the employee/student intern permanently resides
• a person under the guardianship or care of the employee/student intern or the employee's/student intern’s spouse or common-law partner
• a person who is entirely or substantially dependent on the employee/student intern or the employee's/student intern’s spouse or common-law partner for ongoing care and attention

In addition, "common-law partner" as it applies in the above definition of "family member" means a person who has been cohabiting with an individual in a conjugal relationship for at least 1 year. It also means a person who had been so cohabiting with the individual for at least 1 year immediately before the individual's death.

For the purpose of compassionate care leave in section 206.3 and leave for critical illness in section 206.4, the term "family member" has the same meaning as in the regulations made under the Employment Insurance Act.