Leave for Reservists

Your Reservist employee may request to take a leave of absence by providing you with a written request. The Reservist is responsible for providing at least four weeks’ notice or as soon as possible.

The Supporting reservists and employers webpage provides information about what federal, provincial or territorial Job Protection Legislation applies to your Reservist employee and your business.

In terms of procedure, assistance is available to help you in resolving issues. Start by learning about Who can help? and about available Resources. The Canada.ca webpage on Federal labour standards also provides information about the requirements to qualify for reservist leave, the maximum duration of leave, pay and wage provisions as well as the circumstances under which you can seek to exempt an employee from taking reservist leave.

Your business may be eligible to receive compensation to help offset operational costs incurred while a Reservist employee is on certain operational deployments. Learn more about whether your business qualifies and how to apply by visiting the Canada.ca website on Compensation for Employers of Reservists Program.

As an administrator of an educational institution, you may need to support student Reservists in obtaining time off or accommodations regarding their educational program. You may also have to consider adjusting their educational program requirements so that they can pursue military training or operational deployment.

Not all provinces and territories have student-specific legislation. However, some other sections of federal and provincial or territorial legislation may apply to your educational institution. Sections 5 and 17 of the Canada Student Loans Act will be of interest to you and to student Reservists. For more information about student Reservist responsibilities under the Canada Student Loans Act and how educational institutions can help Reservists visit the Job Protection Legislation webpage. You should also learn more about Who can help? and about available Resources.

Good planning, communication, and preparation are essential for getting your employer or educational institution’s approval of your Reservist leave. Here are some tips for you:

1. To get started, your first point of contact is your chain of command followed by your Reserve Unit's Military Leave Representative. If you need more assistance, visit the Canada.ca page About Reservist Employer Support Services. Keep in mind the following three CANFORGENs are available through the CAF App:
   • CANFORGEN 071/23, Compensation for employers of reservist’s program (CERP) – Expansion of eligibility criteria,
   • CANFORGEN 136/19, Direction for Military Skills Training and Operations Affecting CAF Reserve Force Members on Full-Time Service, and
   • CANFORGEN 134/19, The Enhanced Leave for Reserve Force Members Working in Federally Regulated Industries.

2. Know the provincial or territorial legislation that applies to your employment or educational institution. You must comply with any requirements defined in this legislation to be granted Reservist leave. A list of Legislation Websites is available at the Job Protection Legislation website.

3. Know your rights and responsibilities as well as the maximum duration of leave and other circumstances that could prevent you from taking Reservist leave. Learn about these things and more by visiting the Reservist Leave webpage https://www.canada.ca/en/employment-social-development/services/labour-standards/reports/reservist-leave.html

• If you are a student Reservist, you may need to seek accommodation for missing prerequisites, for writing an exam early (or late), or for changing courses. To do this, talk to your academic advisors early in the process and check your university's or college's policy on delaying the completion of your program. Keep in mind as well that not all provinces and territories have student-specific legislation. Find out more about your student Reservist responsibilities and about how educational institutions can help you as a Reservist by visiting Job Protection Legislation.

• If you are a Reservist who is also self-employed, you may be eligible for compensation to help offset the operational costs your business may incur when you are deployed on operations. Learn more by reading the frequently asked questions as well as the application instructions found at the Compensation for Employers of Reservists Program (CERP) website.

4. Your Commanding Officer must write a letter to your employer or your educational institution administrator that describes your Reservist leave requirement at least four weeks prior to the start of that leave. If there is a valid reason for not providing such advance notice, you should notify your employer or educational institution administrator as soon as possible. The Reserve Assistance Program (RAP) provides examples as a starting point for correspondence with your employer or educational institution administrator at https://www.canada.ca/en/department-national-defence/programs/reservist-assistance-program/letters-employers-educators.html

If you need support to resolve a conflict with your employer, visit the Reservist Assistance Program (RAP) webpage. To apply for RAP, visit the CFLC - Request for Assistance with Employer (RAP) webpage.

5. If you are an employee, be sure to discuss your circumstances with your employer and, if applicable, your Union representative. If you are a student Reservist, talk about your situation with your educational institution administrator. Good communication will help you understand if, after completion of your Reservist leave, you will be returning to the same job or an equivalent one as well as when and how you will be coming back to work.

For more information, read the web pages entitled Who can help? and Resources.

If you are an Employer or Educational Institution Administrator, contact the provincial or territorial Chair of the Canadian Forces Liaison Council (CFLC) Secretariat. Among other things, the CFLC can provide you with information about the Compensation for Employers of Reservists Program (CERP). In addition, the CFLC can assist you if a conflict arises with a Reservist through the Reservist Assistance Program (RAP).

If you are a Reservist, your first point of contact is always your chain of command and then your Reserve Unit's Military Leave Representative. If you need more help, visit the Canada.ca page About Reservist Employer Support Services. The CFLC can assist you if a conflict arises with your civilian employer or educational institution administrator by way of the Reservist Assistance Program (RAP).

Supporting Reservists and EmployersWebsite

• Supporting Reservists - Canada.ca
• Job Protection Legislation
• Funding: Compensation for Employers of Reservists Program (CERP) - Overview - Canada.ca
• Get More Information about the Canadian Armed Forces Employer Support Programme

Federally Regulated Workplaces

• Overview of the parts of the Canada Labour Code and how they apply to your industry - Canada.ca

Reservist LeaveWebpage

• Types of leaves offered to federally regulated employees - Canada.ca

Legislation Websites

Learn about your rights and responsibilities as a Reservist by reading the Job Protection Legislation found at the federal, provincial, and territorial government web sites listed below:

Federal Legislation

• Canada Labour Code (R.S., 1985, c. L-2)
• Public Service Employment Act (2003, c. 22, ss. 12, 13)

Provincial and Territorial Legislation

• British Columbia – The Employment Standards Act, R.S.B.C. 1996 (Section 52.2)
• Alberta – Employment Standards Code (Division 7.1)
• Saskatchewan – Labour Standards Act (Section 80.1)
• Manitoba – The Employment Standards Code (Section 59.5(2))
• Ontario – Employment Standards Act, 2000 (Section 50.2)
• Quebec – An Act Respecting Labour Standards (Section 81.17.1.)
• New Brunswick – Employment Standards Act (Section 44.031)
• Nova Scotia – Labour Standards Code (Section 60H (1))
• Prince Edward Island – Employment Standards Act (Section 23.1)
• Newfoundland and Labrador – Labour Standards Act (Part VII .4)
• Northwest Territories – Employment Standards Act Section 32.1)
• Yukon – Labour Standards Act (Section 60.2)