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Statutes of Newfoundland and Labrador 2016


CHAPTER 47

AN ACT TO AMEND THE LABOUR
STANDARDS ACT NO. 2

(Assented to December 14, 2016)

Analysis


        1.   S.43.14 Amdt.
Entitlement to leave


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

RSNL1990 c.L-2
as amended

        1. (1) Subsections 43.14(1) and (2) of the Labour Standards Act are repealed and the following substituted:

Entitlement to leave

43.14 (1) An employee who has been employed by the same employer for at least 30 days is entitled to a leave of absence without pay of up to 28 weeks to provide care or support to a family member of the employee where a legally qualified medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from

             (a)  the day the certificate is issued; or

             (b)  the day the leave began, if leave began before the certificate was issued.

             (2)  The leave of absence under subsection (1) shall be taken during the period

             (a)  that starts with

                      (i)  the first day of the week in which the certificate is issued, or

                     (ii)  the first day of the week in which the employee was absent, if the leave began before the certificate was issued and the certificate was valid from any day in that week; and

             (b)  that ends with the last day of the week in which either of the following occurs:

                      (i)  the family member dies, or

                     (ii)  the expiration of 52 weeks following the first day of the week referred to in paragraph (a).

             (2)  Subsection 43.14(7) of the Act is repealed and the following substituted:

             (7)  The aggregate amount of leave that may be taken by 2 or more employees under this section in respect of the care or support of the same family member shall not exceed 28 weeks in the period referred to in subsection (2).