BILL NO. 73
1st Session, 63rd General Assembly
67 Elizabeth II, 2018
Private Member's Bill
Labour Standards Code
Cape Breton Centre
First Reading: March 1, 2018
This Bill provides for paid leave when an employee or the child of an employee is a victim of domestic, intimate partner
or sexual violence.
Be it enacted by the Governor and Assembly as follows:
Section 7 of Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, as amended by Chapter 14 of the Acts of 1991, Chapter 4 of the Acts of 2003 (Second Session), Chapters 10 and 13 of the Acts of 2006, Chapter 18 of the Acts of 2009, Chapter 37 of the Acts of 2010, Chapter 19 of the Acts of 2011, Chapter 11 of the Acts of 2013 and Chapter 11 of the Acts of 2016, is further amended by adding immediately after clause (bk) the following clauses:
(bka) prescribe other purposes for which leave under Section 60ZA may be taken;
(bkb) prescribe permitted disclosures for the purpose of subsection 60ZA(14);
2 Chapter 246 is further amended by adding immediately after Section 60Z the following heading and Section:
DOMESTIC, INTIMATE PARTNER OR SEXUAL VIOLENCE LEAVE
60ZA (1) In this Section, “child” means a child, step-child, foster child or child who is under legal guardianship, and who is under 18 years of age.
(2) An employee who has been employed by an employer for at least thirteen consecutive weeks is entitled to a leave of absence if the employee or a child of the employee experiences domestic, intimate partner or sexual violence, or the threat of domestic, intimate partner or sexual violence, and the leave of absence is taken for any of the following purposes:
(a) to seek medical attention for the employee or the child of the employee in respect of a physical or psychological injury or disability caused by the domestic, intimate partner or sexual violence;
(b) to obtain services from a victim services organization for the employee or the child of the employee;
(c) to obtain psychological or other professional counselling for the employee or the child of the employee;
(d) to relocate temporarily or permanently;
(e) to seek legal or law enforcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic, intimate partner or sexual violence;
(f) such other purposes as may be prescribed by the regulations.
(3) Subsection (2) does not apply if the domestic, intimate partner or sexual violence is committed by the employee.
(4) An employee is entitled to take up to ten days of leave under this Section in each calendar year.
(5) Where an employee takes a leave under this Section, the employee is entitled to take the first five such days as paid days of leave in each calendar year and the balance of the employee’s entitlement under this Section as unpaid leave.
(6) Subject to subsections (7) and (8), where an employee takes a paid day of leave under this Section, the employer shall pay the employee
(a) the wages the employee would have earned had the employee not taken the leave;
(b) where the employee receives performance-related wages, including commissions or a piece work rate, the greater of the employee’s hourly rate, if any, and the minimum wage that would have applied to the employee for the number of hours the employee would have worked had the employee not taken the leave; or
(c) where some other manner of calculation is used to determine the pay of the employee, the amount
determined using that manner of calculation.
(7) Where a paid day of leave under this Section falls on a day when holiday pay would be payable by the employer, the employee is not entitled to more than the employee’s regular pay for any leave taken under this Section.
(8) For the purposes of an employee’s entitlement under this Section, where an employee takes any part of a day as leave, the employer may deem the employee to have taken one day of leave on that day.
(9) A day of leave taken by an employee under this Section must not be applied to the employee’s detriment in respect of any benefit or privilege arising from seniority or length of service.
(10) An employee who wishes to take leave under this Section shall advise the employer that the employee will be doing so.
(11) Where an employee must begin a leave under this Section before advising the employer, the employee shall advise the employer of the leave as soon as possible after beginning it.
(12) An employer may require an employee who takes a leave under this Section to provide evidence reasonable in the circumstances of the employee’s entitlement to the leave.
(13) An employer shall ensure that mechanisms are in place to protect the confidentiality of records given to or produced by the employer that relate to an employee taking a leave under this Section.
(14) Nothing in subsection (13) prevents an employer from disclosing a record where
(a) the employee has consented to the disclosure of the record;
(b) the disclosure is made to an officer, employee, consultant or agent of the employer who needs the record in the performance of that person’s duties;
(c) the disclosure is authorized or required by law; or
(d) the disclosure is a permitted disclosure as prescribed in the regulations.
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Created March 1, 2018. Send comments to firstname.lastname@example.org.