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This is an official version. Copyright © 2024: King's Printer, Important Information
Statutes of Newfoundland and Labrador 2024 1.
S.2.1 Amdt. 2.
S.2.2 Amdt. 3.
S.6.1 Amdt. 4.
S.17 Amdt. 5.
S.21.1 Amdt. 6. S.34.1 Amdt. Expense advance 7.
S.37 Amdt. 8.
S.37.4 Amdt. 9.
S.43 Amdt. 10.
S.43.1 Amdt. 11.
S.43.2 Amdt. 12.
S.43.3 Amdt. 13.
S.43.4 Amdt. 14.
S. 43.6 Amdt. 15.
S. 43.9 Amdt. 16.
S.43.10 Amdt. 17.
S.43.11 Amdt. 18. S.43.15 Amdt. 19.
S.43.16 Amdt. 20.
S.43.17 Amdt. 21.
S.43.18 Amdt. 22. S.43.19 Amdt. Notice of leave 23.
S.43.20 Amdt. 24.
S.43.21 Amdt. 25.
S.43.25 Amdt. 26.
S.43.26 Amdt. 27.
S.43.30 Amdt. 28.
S.43.31 Amdt. 29. S.43.34 Amdt. Entitlement to leave 30.
S.43.35 Amdt. 31.
S.43.36 Amdt. 32.
S.43.39 Amdt. 33.
S.43.40 Amdt. 34.
S.43.41 Amdt. 35. PART VII.9 Added PART
VII.9 43.42 Definition 43.43 Entitlement to leave 43.44 Notice 43.45 Employee protection 36.
S.53 Amdt. 37.
S.54 Amdt. 38.
S.61 Amdt. 39.
S.62 Amdt. 40.
S.64 Amdt. 41.
S.74 Amdt. Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: RSNL1990 cL-2 1. Subsection 2.1(1) of the Labour Standards Act is amended by deleting the words "his or her". 2. Section 2.2 of the Act is amended by deleting the words "his or her" and substituting the words "the employer's". 3. (1) Subsection 6.1(1) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the person's". (2) Subsection 6.1(2) of the Act is amended by deleting the words "his or her" and substituting the words "the employer's or person's". 4. Subsection 17(2) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". 5. (1) Subsection 21.1(2) of the Act is amended by deleting the words "he or she" and substituting the words "the employee". (2) Subsection 21.1(3) of the Act is amended by deleting the words "of his or hers". 6. (1) Subsection 34.1(1) of the Act is repealed and the following substituted: Expense advance 34.1 (1) Where, in connection with an employee's work, the employee
is required to incur expenses, the employer shall advance to the employee the
amount that the employee may reasonably anticipate will be incurred. (2) Subsection 34.1(3) of the Act is amended by (a) deleting the words "him or her" and substituting the words "the employee"; and (b) deleting the words "his or her" and substituting the words "the employee's". 7. Subsection 37(2) of the Act is amended by deleting the words "his or her" and substituting the words "the person's". 8. (1) Subsection 37.4(1) of the Act is amended by deleting the words "him or her" and substituting the words "the director". (2) Subsection 37.4(2) of the Act is repealed and the following substituted: (2) An employer may
indemnify a director, a former director and the heirs or legal representatives
of a director or former director against all costs, charges and expenses,
including an amount paid to satisfy an order under this Act, reasonably
incurred by the director or former director with respect to a civil or
administrative action or proceeding to which the director or former director is
or was a party by reason of being or having been a director of the employer
where, (a) the director or
former director has acted honestly and in good faith with a view to the best
interests of the employer; and (b) in the case of a proceeding or action that is enforced by a monetary penalty, the director or former director had reasonable grounds for believing that the director's or former director's conduct was lawful. 9. Subsection 43(2) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". 10. Subsection 43.1(3) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". 11. Section 43.2 of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". 12. Subsection 43.3(4) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". 13. Subsection 43.4(3) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". 14. Subsection 43.6(2) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". 15. Subsection 43.9(2) of the Act is amended by deleting the words "by his or her employer". 16. (1) Subsection 43.10(1) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". (2) Subsection 43.10(4) of the Act is amended by deleting the words "he or she" and substituting the words "the employee". 17. (1) Subsection 43.11(1) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". (2) Subsection 43.11(2) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". (3) Subsection 43.11(3) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". 18. (1) Subsection 43.15(1) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". (2) Subsection 43.15(4) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". 19. (1) Subsection 43.16(2) of the Act is amended by deleting the words "by his or her employer". (2) Subsection 43.16(3) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". 20. Paragraph 43.17(b) of the Act is repealed and the following substituted: (b) "service" means Canadian Forces military skills training, training required
for imminent deployment, or deployment, and includes (i) a period of time
for treatment, recovery or rehabilitation in respect of a physical or mental
health problem that results from Canadian Forces military skills training,
training required for imminent deployment, or deployment, and (ii) service as defined in the regulations made under section 43.22. 21. (1) Paragraph 43.18(1)(b) of the Act is amended by deleting the number "6" and substituting the number "3". (2) Subsections 43.18(2) and (3) are repealed and the following substituted: (3) Subsection (2) does not apply to leave taken as a result of a national emergency. 22. (1) Subsection 43.19(1) of the Act is repealed and the following substituted: Notice of leave 43.19 (1) An employee who wishes to take a period of leave under this
Part shall give the employee's employer at least 30 days notice in writing of
the employee's intention to take the period of leave. (2) Subsection 43.19(2) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". (3) Subsection 43.19(4) of the Act is amended by deleting the words "he or she" and substituting the words "the employee". (4) Subsections 43.19(5) and (6) of the Act are repealed and the following substituted: (5) Where the date on
which an employee's service is anticipated to end changes, the employee shall
notify the employer as soon as practicable and shall, within at least 4 weeks,
provide written notice to the employer of the new end date. (6) Where an employee fails to give a written notice within the time period required under subsection (5), the employee's employer may defer the date of re-employment for up to 4 weeks after the day on which the employee informs the employer of the new end date. 23. (1) Subsection 43.20(1) of the Act is amended by deleting the words "him or her" and substituting the words "the employer". (2) Subsection 43.20(2) of the Act is amended by deleting the words "his or her" and substituting the words "the". 24. (1) Subsection 43.21(2) of the Act is amended by deleting the words "by his or her employer". (2) Subsection 43.21(3) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". 25. Subsection 43.25(1) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". 26. (1) Subsection 43.26(2) of the Act is amended by deleting the words "by his or her employer". (2) Subsection 43.26(3) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". 27. Subsection 43.30(1) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". 28. (1) Subsection 43.31(2) of the Act is amended by deleting the words "by his or her employer". (2) Subsection 43.31(3) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". 29. (1) Subsection 43.34(1) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". (2) Paragraph 43.34(2)(c) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". (3) Paragraph 43.34(2)(d) of the Act is amended by deleting the words "his or her". 30. Subsection 43.35(1) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". 31. (1) Subsection 43.36(2) of the Act is amended by deleting the words "by his or her employer". (2) Subsection 43.36(3) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". 32. (1) Subsection 43.39(1) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". (2) Paragraph 43.39(1)(d) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". (3) Paragraph 43.39(3)(a) of the Act is repealed and the following substituted: (a) the employee is not
performing the duties of the employee's position because of a reason referred
to in paragraphs (1)(a) to (g); and 33. (1) Subsection 43.40(2) of the Act is amended by deleting the words "by his or her employer". (2) Subsection 43.40(3) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". 34. Paragraph 43.41(2)(b) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the employee's". 35. The Act is amended by adding immediately after section 43.41 the following: PART VII.9 Definition 43.42 In this Part, "organ donation" includes organ or tissue removal from an individual for transplant. Entitlement to leave 43.43 (1) An employee, having
been employed with the same employer for a continuous period of 30 days, is
entitled to a leave of absence from employment without pay of up to 27 weeks in
a 52-week period to receive extended medical care or to recover from a
long-term illness, a long-term injury or an organ
donation where a medical practitioner or nurse practitioner issues a
certificate stating (a) that the employee requires extended medical care or recovery time in relation to (i) a long-term illness, (ii) a long-term injury, or (iii) organ donation; and (b) the start date and the estimated end date of the leave required. (2) Notwithstanding subsection (1), an employee, having been employed with the same employer for a continuous period of 30 days, is entitled to a leave of absence from employment without pay of up to 104 weeks in a 104-week period to receive extended medical care or to recover from a long-term illness or a long-term injury where (a) a medical practitioner or nurse practitioner issues a
certificate stating (i) that the employee requires extended medical care or recovery time in relation to (A) a long-term illness, or (B) a long-term injury, and (ii) the start date and the estimated end date of the leave required; and (b) the employee provides proof satisfactory to the employer that the employee suffers from a long-term injury or long-term illness as a result of a criminal offence. (3) Subsection (2) does not apply where the employee was a party to the criminal offence or contributed to the long-term injury or long-term illness by gross negligence. (4) A leave of absence under this Part shall be taken in periods of at least 2 weeks in duration. (5) Where an employee returns to work during a week, the week counts as an entire week for the purposes of this Part. (6) An employee who has taken 27 weeks of leave under subsection (1) in a period of 52 weeks is not entitled to an additional period of leave under this Part unless at least 6 months has elapsed since the date the employee returned to work from the most recent leave of absence granted under this Part. Notice 43.44 (1) An employee who intends to take a leave of absence under
this Part shall give written notice to the employee's 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 43.45 (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 contrary to subsection (1), the onus of proving that the reason for
dismissal is unrelated to the leave under this Part rests with the employer. (3) An employer shall
reinstate an employee at the end of the employee's 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. 36. Subsection 53(2) of the Act is amended by deleting the words "his or her" wherever they appear and substituting the words "the employee's". 37. Subsection 54(3) of the Act is amended by deleting the words "his or her" and substituting the words "the employee's". 38. Paragraph 61(b) of the Act is amended by deleting the words "his or her" and substituting the words "the director's". 39. Subsection 62(4) of the Act is amended by deleting the words "Trial Division" and substituting the words "Supreme Court". 40. Subsection 64(4) of the Act is amended by deleting the words "his or her" and substituting the word "the". 41. Subsection 74(2) of the Act is amended by deleting the words "Trial Division" wherever they appear and substituting the words "Supreme Court". ©King's Printer |