This is an official version.
Copyright © 2008: Queen's Printer,
Statutes of Newfoundland and Labrador 2008
AN ACT TO AMEND THE LABOUR STANDARDS ACT TO PROVIDE FOR LEAVE FOR RESERVISTS
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1. The Labour Standards Act is amended by adding immediately after section 43.16 the following:
43.17 In this Part
(a) "reserves" means the component of the Canadian Forces referred to in the National Defence Act (Canada) as the reserve force; and
(b) "service" means deployment or training required for imminent 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 deployment or training required for imminent deployment, and
(ii) service as defined in the regulations made under section 43.22.
43.18 (1) An employee who
(a) is a member of the reserves;
(b) has been employed by the same employer in civilian employment for a period of at least 6 consecutive months; and
(c) is required to be absent from work for the purpose of service
is entitled to an unpaid period of leave for the purpose of that service.
(2) An employee is not entitled to a second or additional period of unpaid leave for the purpose of service unless at least one year has elapsed since the date the employee returned to work from the most recent leave of absence granted under this Part.
(3) The period of leave is the period necessary to accommodate the period of service and includes an extension of the service beyond the date given under subsection 43.19(2).
Notice of leave
43.19 (1) An employee who wishes to take a period of leave under this Part shall give his or her employer at least 60 days notice in writing of his or her intention to take the period of leave.
(2) The notice required under subsection (1) shall give the date on which the leave will begin and the anticipated date on which his or her service will end.
(3) An employer may require an employee requesting a period of leave under this Part to provide a certificate from an official with the reserves stating that the employee is a member of the reserves and is required for service.
(4) Where, due to circumstances beyond the control of the employee, he or she cannot comply with the notice period required under subsection (1), the employee shall provide as much notice as is reasonable in the circumstances.
(5) Where the date on which his or her service is anticipated to end changes, the employee shall notify the employer as soon as practicable and shall, within at least 2 weeks or one pay period, whichever is longer, 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), his or her employer may defer the date of re-employment for up to 2 weeks or one pay period, whichever is longer, after the day on which the employee informs the employer of the new end date.
(7) A period of deferment necessitated under subsection (6) shall be considered to be unpaid leave as described in section 43.18.
(8) Notwithstanding subsection (2) or (5), an employee may return to work on a date mutually agreed upon by the employee and the employer.
43.20 (1) An employer, who has received from an employee a request for a grant of leave under this Part and who believes that granting the leave would cause him or her undue hardship, may apply to the director for an exemption from the requirement to grant the leave.
(2) Where the director determines that a grant of leave under this Part would cause undue hardship to the employer if his or her employee were to take leave, the employee is not entitled to the leave.
(3) A decision of the director under this section is final and binding on the employer and employee to whom it applies.
43.21 (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 leave 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 leave rests with the employer.
(3) An employer shall reinstate an employee at the end of his or her leave under this Part on terms and conditions that are not less beneficial than those that existed before the leave 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.
43.22 The Lieutenant-Governor in Council may make regulations
(a) for the purpose of subparagraph 43.17(b)(ii); and
(b) generally to give effect to this Part.
©Earl G. Tucker, Queen's Printer