AvRegs Canada

← Canada Labour Code

History — 205

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FIRST SEENsnapshot of 2026-08-12 · consolidation amended to 2025-12-12
Text as first captured
Employer’s obligations 205 (1) An employer to whom a request has been made under subsection 204(1) shall examine the request in consultation with the employee and, where reasonably practicable, shall modify the employee’s job functions or reassign her. Rights of employee (2) An employee who has made a request under subsection 204(1) is entitled to continue in her current job while the employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to and shall be granted a leave of absence with pay at her regular rate of wages until the employer (a) modifies her job functions or reassigns her, or (b) informs her in writing that it is not reasonably practicable to modify her job functions or reassign her, and that pay shall for all purposes be deemed to be wages. Onus of proof (3) The onus is on the employer to show that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the certificate issued under subsection 204(2) is not reasonably practicable. Employee to be informed (4) If the employer concludes that a modification of job functions or a reassignment that would avo…