probable that the child died or disappeared as a result of a crime,”
the leave ends on the day on which it no longer seems probable.
If during the 52-week period, the child is found alive, the em-ployee
may take 14 days leave after the day the child is found. If
the child is found dead, the employee may take 104 weeks leave
from the day the child disappeared.
Any employee wishing to take such leave must advise the em-ployer
in writing, setting out the plan regarding the weeks in which
he or she will be taking leave. Such notice should be before or as
soon as possible after beginning such leave.
CRCDD Leave is in addition to any employee entitlements
to Family Medical Leave, FC Leave, CIC Leave and Personal
The new types of leave essentially build on the existing Family
Medical Leave provided under Section 49.1 of the Act but are
generally in addition to such Family Medical Leave.
It will be important to understand what is provided by these
new types of leave, who may qualify for them and how they in-teract
with the existing leave provisions under the Act. It is also
important to note that while the leaves in question may be cumu-lative,
the necessary conditions for a given leave to be available are
not always identical. For example, the specified family members
for which Family Medical Leave may be available are not identical
to the specified family members for whom FC Leave or CIC Leave
may be available. The leave can be cumulative only where the fam-ily
member qualifies under each heading.
Further, while employers do not have to pay wages to an em-ployee
on the above-noted types of leave, an employer must not
threaten, fire or penalize any employee for taking or planning on
taking such types of leave. ■
Michael Donsky is a partner with Fogler, Rubinoff LLP.
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