Statutes of Newfoundland 1996 Chapter 29

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Statutes of Newfoundland 1996

CHAPTER 29 CHAPTER 29

AN ACT TO AMEND THE LABOUR STANDARDS ACT
(Assented to December 19, 1996)

Analysis

1. S.7 Amdt.
Definitions

2. S.8 Amdt.
Annual vacation with pay

3. S.9(1) R&S
Vacation pay

4. S.43.10 Amdt.
Bereavement and sick leave

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSN1990 cL-2 as amended

1. Paragraph 7(a) of the Labour Standards Act is amended by deleting the reference "subsection 8(1)" and by substituting the reference "subsection 8(1) or (1.1)".

2. (1) Section 8 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) Notwithstanding subsection (1), where an employee meets the requirements of subsection (1) and has completed 15 years of continuous employment with the same employer, the employer shall permit the employee within 10 months after the end of the 15 year period to take an annual vacation of not less than 3 weeks and shall pay to the employee at the time provided in section 10 wages amounting to 6% of the total wages earned by that employee during the 12 month period.

(2) Subsection 8(3) of the Act is repealed and the following substituted:

(3) The employer shall, unless the employer and employee agree upon shorter periods, permit the employee to take the annual vacation

(a) in one unbroken period of 3 weeks;

(b) in 2 unbroken periods of 2 weeks and one week respectively; or

if the employee, not later than the date on which the employee becomes entitled to the annual vacation, gives the employer written notice of the intention to take the vacation by either of the methods specified in paragraph (a), (b) or (c).

3. Subsection 9(1) is repealed and the following substituted:

Vacation pay

9. (1) Where subsection 8(1) or (1.1) does not apply, the employee is not entitled as of right to an annual vacation, but the employer shall pay to the employee, on or before the times specified in subsection (2),

(a) to an employee who has completed 15 years of continuous employment with the same employer, 6%; or

(b) to an employee who has completed less than 15 years of continuous employment with the same employer, 4%

of the total wages earned by the employee for the hours worked by the employee within the continuous 12 month period, or until the cessation of employment of the employee within the 12 month period.

4. Subsection 43.10(1) of the Act is amended by inserting immediately after the words "in the event of the death of the spouse, a child," the words "a grandchild,".