This is an official version.

Copyright © 2013: Queen's Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Statutes of Newfoundland and Labrador 2013


CHAPTER 18

AN ACT TO AMEND THE LABOUR
STANDARDS ACT

(Assented to December 10, 2013)

Analysis


        1.   PART VII.5 Added

              PART VII.5
CRIME-RELATED CHILD DEATH OR DISAPPEARANCE LEAVE

43.23  Definitions
43.24  Entitlement to leave
43.25  Notice
43.26  Employee protection
43.27  Regulations

        2.   Part VII.6 Added

              PART VII.6
CRITICALLY ILL CHILD CARE LEAVE

43.28   Definitions
43.29   Entitlement to leave
43.30   Notice
43.31   Employee
            protection
43.32   Regulations


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

RSNL1990 cL-2
as amended

        1. The Labour Standards Act is amended by adding immediately after PART VII.4 the following:

PART VII.5
CRIME-RELATED CHILD DEATH OR DISAPPEARANCE LEAVE

Definitions

43.23 In this Part

             (a)  "child" means a person under 18 years of age;

             (b)  "cohabiting partner" means either of 2 persons who are cohabiting and have cohabited continuously in a conjugal relationship outside marriage for not less than one year;

             (c)  "crime" means an offence under the Criminal Code other than an offence prescribed by regulations under paragraph 209.4(f) of the Canada Labour Code;

             (d)  "parent" means

                      (i)  a parent of a child,

                     (ii)  the spouse or cohabiting partner of a parent of a child,

                    (iii)  a person with whom a child has been placed for the purpose of adoption,

                    (iv)  a foster parent of a child, or

                     (v)  a person who has the care or custody of a child, and is considered to be like a close relative, whether or not that person is related to the child by blood or adoption; and

             (e)  "week" means the period between midnight on Saturday and midnight on the immediately following Saturday.

Entitlement to leave

43.24 (1) An employee who has been employed by the same employer for at least 30 days is entitled to a leave of absence from employment without pay of up to 104 weeks if the employee is the parent of a child who has died and it is probable, considering the circumstances, that the child died as a result of a crime.

             (2)  An employee who has been employed by the same employer for at least 30 days is entitled to a leave of absence from employment without pay of up to 52 weeks if the employee is the parent of a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime.

             (3)  Notwithstanding subsections (1) and (2), an employee who takes a leave of absence in accordance with this Part shall limit the duration of that leave of absence to that which is reasonably necessary in the circumstances.

             (4)  An employee who wishes to take a leave of absence under this Part shall provide the employer with reasonable verification of the necessity of the leave as soon as possible.

             (5)  Notwithstanding subsections (1) and (2), an employee is not entitled to a leave of absence under this section if that employee is charged with the crime necessitating that leave of absence.

Notice

43.25 (1) An employee who intends to take a leave of absence under this Part shall give written notice to his or her employer at least 2 weeks before the leave of absence is to begin of that intention, unless there is a valid reason why that notice cannot be given.

             (2)  An employee who gives notice under subsection (1) shall include in that written notice to the employer the length of the leave of absence that the employee intends to take.

             (3)  Every employee who is taking a leave of absence under this Part shall give at least 2 weeks’ written notice to the employer of any change in the length of leave intended to be taken, unless there is a valid reason why that notice cannot be given.

Employee protection

43.26 (1) An employer shall not dismiss an employee or give notice of dismissal to an employee because an employee intends to take, applies for or takes a leave of absence under this Part.

             (2)  Where an employee is dismissed by his or her employer contrary to subsection (1), the onus of proving that the reason for dismissal is unrelated to the crime-related child death or disappearance leave rests with the employer.

             (3)  An employer shall reinstate an employee at the end of his or her leave of absence under this Part on terms and conditions that are not less beneficial than those that subsisted before the leave of absence began.

             (4)  Unless the employer and the employee otherwise agree, a period of leave under this Part does not count towards the application of the rights, benefits and privileges conferred by this Act upon an employee, but the period worked upon resumption of employment after leave shall be considered, for the purpose of this Act, to be continuous with the period worked before the leave.

Regulations

43.27 The Lieutenant-Governor in Council may make regulations

             (a)  respecting terms and conditions which may be imposed on the availability and duration of leave under this Part;

             (b)  setting out time frames within which leave under this Part may be accessed;

             (c)  respecting early termination of leave under this Part; and

             (d)  generally, to give effect to this Part.

 

        2. The Act is amended by adding immediately after Part VII.5 the following:

PART VII.6
CRITICALLY ILL CHILD CARE LEAVE

Definitions

43.28 In this Part

             (a)  "cohabiting partner" means either of 2 persons who are cohabiting and have cohabited continuously in a conjugal relationship outside marriage for not less than one year;

             (b)  "critically ill child" has the same meaning as in the regulations made under the Employment Insurance Act (Canada);

             (c)  "parent" means

                      (i)  a parent of a child,

                     (ii)  the spouse or cohabiting partner of a parent of a child,

                    (iii)  a person with whom a child has been placed for the purpose of adoption,

                    (iv)  a foster parent of a child, or

                     (v)  a person who has the care or custody of a child, and is considered to be like a close relative, whether or not that person is related to the child by blood or adoption;

             (d)  "physician" means a person lawfully entitled to practise medicine, and includes a specialist; and

             (e)  "week" means the period between midnight on Saturday and midnight on the immediately following Saturday.

Entitlement to leave

43.29 (1) An employee who is the parent of a critically ill child and who has been employed by the same employer for at least 30 days is entitled to a leave of absence from employment without pay of up to 37 weeks to provide care or support to that critically ill child where a physician issues a certificate

             (a)  stating that the child is a critically ill child and requires the care or support of the employee; and

             (b)  setting out the period during which the child requires that care or support.

             (2)  Notwithstanding subsection (1), an employee who takes a leave of absence in accordance with this Part shall limit the duration of that leave of absence to that which is reasonably necessary in the circumstances.

             (3)  An employee who wishes to take a leave of absence under this Part shall give the employer a copy of the physician’s certificate referred to in subsection (1) as soon as possible.

Notice

43.30 (1) An employee who intends to take a leave of absence under this Part shall give written notice to his or her employer at least 2 weeks before the leave of absence is to begin of that intention, unless there is a valid reason why that notice cannot be given.

             (2)  An employee who gives notice under subsection (1) shall include in that written notice to the employer the length of the leave of absence that the employee intends to take.

             (3)  Every employee who is taking a leave of absence under this Part shall give at least 2 weeks’ written notice to the employer of any change in the length of leave intended to be taken, unless there is a valid reason why that notice cannot be given.

Employee protection

43.31 (1) An employer shall not dismiss an employee or give notice of dismissal to an employee because an employee intends to take, applies for or takes a leave of absence under this Part.

             (2)  Where an employee is dismissed by his or her employer contrary to subsection (1), the onus of proving that the reason for dismissal is unrelated to the critically ill child care leave rests with the employer.

             (3)  An employer shall reinstate an employee at the end of his or her leave of absence under this Part on terms and conditions that are not less beneficial than those that subsisted before the leave of absence began.

             (4)  Unless the employer and the employee otherwise agree, a period of leave under this Part does not count towards the application of the rights, benefits and privileges conferred by this Act upon an employee, but the period worked upon resumption of employment after leave shall be considered, for the purpose of this Act, to be continuous with the period worked before the leave.

Regulations

43.32 The Lieutenant-Governor in Council may make regulations

             (a)  respecting terms and conditions which may be imposed on the availability and duration of leave under this Part;

             (b)  setting out time frames within which leave under this Part may be accessed;

             (c)  respecting early termination of leave under this Part; and

             (d)  generally, to give effect to this Part.

 ©Queen’s Printer