Canada Employer of Record Services

Statutory Leave in Canada

Employer of Record Services Canada

Download our full Canada Employment Guide

Find out all about employing in Canada

Canada Annual Leave

The minimum legal statutory holiday entitlement for employees in Canada is as follows:

  • at least two weeks if they have completed at least one year of employment;
  • at least three weeks if they have completed at least five consecutive years of employment with the same employer; and
  • at least four weeks if they have completed at least 10 consecutive years of employment with the same employer.

Maternity Leave in Canada

Pregnant employees are entitled to up to 17 weeks of maternity leave. This can be taken any time during the period that begins 13 weeks before the expected date of birth, and ends 17 weeks after the actual birth date

A certificate from a health care practitioner confirming the pregnancy must be provided to the employer as well as written notice confirming the length of the leave at least 4 weeks before the leave starts.  If the child was not born during the 17 weeks of your maternity leave, the maternity leave is extended until the date of the birth.

Pregnant employees are not mandated to take maternity leave unless the employer can show that they are unable to perform an essential function of their job. The Code does not provide for paid maternity leave. For technical guidance, please consult Maternity leave (IPG-017).

Parental Leave (Unpaid)

As a natural or adoptive parent, you are also eligible for up to 63 weeks of parental leave. Parents, who both work for federally regulated employers, may share parental leave in order to access an additional 8 weeks of leave. Parents who share the parental leave have access to 71 weeks of parental leave. 

You can take this leave any time during the following:

  • the 78-week period starting the day your child is born, or
  • the day your child comes into your care

You must also give your employer written notice at least 4 weeks before starting your leave. This notice must advise your employer of the length of the leave.

The Code does not provide for paid parental leave.

You may be entitled to a greater amount of parental leave due to employer policy or under your collective agreements or employment contracts.

Sick Pay in Canada

Employees can claim EI sickness benefits for up to 15 weeks if they are unable to work for medical reasons.   Sickness compensation can equate to 55% of their earnings up to a maximum of $638 a week.  Employees must provide a medical certificate to demonstrate their inability to work for medical reasons.

Personal Leave in Canada

Employees are entitled to up to 5 days of personal leave per calendar year to: 


  • deal with an injury or illness
  • assist with health obligations for any member of your family or care for them
  • assist with the education of any family member under age 18
  • manage any urgent situation that concerns them or a family member
  • attend a citizenship ceremony under the Citizenship Act, or
  • manage any other situation prescribed by regulation

Bereavement Leave (paid and unpaid)

Employees are entitled to 5 days of bereavement leave in the event of a death of an immediate family member. 

This leave can be taken over more than 1 period starting the day on which the death occurs and ending 6 weeks after the date of the funeral, burial or the memorial service of that immediate family member.

Critical illness Leave (unpaid)

Employees who are a family member of a critically ill child or adult are eligible to take:

  • up to 37 weeks of leave in a 52-week period to provide care or support to the child under 18 years of age, and
  • up to 17 weeks of leave in a 52-week period to provide care or support to the adult

The leave can start on the first day of the week the medical certificate is issued or the day from which the health care practitioner certifies that the child or adult is critically ill. If the child or adult dies whilst the employee is on leave, the leave ends on the last day of that week.

If 2 or more children are critically ill, employees are eligible for separate leaves of 37 weeks with respect to each affected child.

The Code does not provide for paid leave related to critical illness.

Wondering if expanding
in Canada is right for you?

Read on or speak to a member of our team now
learn more

We are Canadian EOR experts

We have extensive experience helping businesses expand their workforce in Canada from anywhere in the world. Take a look at our areas of expertise to find out more:

Find out how payroll works in Canada and what you can expect when it comes to salaries, bonuses and rates of pay

Wondering what it’s like to work in Canada? We’ve got you covered in our extensive guide, including the do’s and don’ts

Learn more about how you can attract and retain staff in Canada with statutory and enhanced employee benefits

We deliver a fully managed EOR Service, including HR, Payroll and legal support in Canada. Find out more.

"The team were collaborative, flexible and always positive whilst recognising we have specific needs that weren't catered to by the standard options. I'd happily recommend Agility EOR if you want to hire in another country and don't want the hassle of setting up a new organisation there to do so."

Carol Oliveira
Learn more

Frequently Asked Questions

Payrolling the employees is a key part of the service offered by an employer of record company. The EOR will calculate and remit all taxes, social securities and similar payments, on behalf of both employer and employee. The client will be invoiced in advance by the EOR company, for the total cost of the payroll.

Yes. Our clients are free to dictate the structure of the employees’ remuneration including any bonuses or commissions they wish to offer. In some countries, there is a statutory requirement to provide “bonuses”, for example in the form of Christmas or holiday allowances.

Yes. Agility EOR will calculate what pay is due upon termination of an employee, factoring in such things as any untaken leave entitlements.

We find that most of our clients are in the Tech, IT, Finance and Professional Services industries. However, we have acquired the skills, knowledge and experience to help all industries across the globe.

As a private company, we’re not beholden to shareholders or asset-shredding Private Equity targets. We aim to build long-term relationships with our clients. At Agility EOR, our approach is that we never forget that our business is all about people. Our Employer of Record solutions are tailored to each requirement, not a one-size-fits-all tech platform. We do the right thing by our clients and by the laws of each country we operate in. And we believe in openness; if we don’t feel we can offer you the best solution for a specific territory, we’ll say so. 

We pride ourselves on our personable-approach so once you enter your new employees details into our dedicated platform, we’ll arrange a call with you to go through the details of the employment contract where together we can review and amend to your requirements. We liaise directly with your employee to build a rapport and obtain the necessary information to hire them compliantly, and set them up ready for their first payroll.

We never stop delivering! Even if you’re employee has been onboarded and is happily working for you and being paid each month, we’re here to partner with you whenever you or your employees need us. Even your ex-employees may need our assistance for tax documents, proof of employment requests etc… Our service never stops!