Reservist leave

A buyer meets reservist leave when staff serve in the Canadian Forces reserve, and a deployment can overlap a sale. It is one more job-protected leave. See what happens to an employee on leave when the business is sold.

How Ontario’s rule works

Section 50.2 entitles a reservist to an unpaid leave for the reasons it lists, such as deployment to a Canadian Forces operation outside Canada or military skills training. The Ontario guide says the employee must have been employed for a minimum period, except where the leave is for a Canadian Forces operation inside Canada related to an emergency or its aftermath. The employer may ask for reasonable evidence of eligibility. Under section 53, on return the employee is entitled to the position most recently held if it still exists, or a comparable one, unless the employment ended solely for reasons unrelated to the leave, and section 53(1.1) lets the employer postpone a reservist’s reinstatement for a short period.

What to check or ask

• Which employees serve in the reserve and whether any leave is planned or under way.
• What evidence the seller asked for and kept.
• Whether the position will still exist for a returning employee.

The federal Code addresses this in section 247.5, headed “Leave of Absence for Members of the Reserve Force”. This entry covers Ontario and names the federal heading only; check the rules where you are.