Vital Statistics Act (amended)
BILL NO. 7
(as introduced)
1st Session, 59th General Assembly
Nova Scotia
52 Elizabeth II, 2003
Labour Standards Code (amended) and
Vital Statistics Act (amended)
The Honourable Kerry Morash
Minister of Environment and Labour
First Reading: October 1, 2003
Second Reading: October 9, 2003
Third Reading: October 16, 2003 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
Explanatory Notes
Clauses 1 and 2 amend the Labour Standards Code to allow an employee to take a leave of absence of up to eight weeks to care for a family member where a medical certificate states that the family member has a serious medical condition with a significant risk of death within twenty-six weeks. The employer is required to provide the employee with an option of maintaining benefit plans and job protection is extended under the Code to employees who take this type of leave.
Clause 3 amends the Vital Statistics Act to provide an employee who is a party to a registered domestic-partnership agreement with the right to take bereavement leave and compassionate-care leave under the Labour Standards Code.Clause 4 provides that this Act comes into force on proclamation.An Act to Amend Chapter 246
of the Revised Statutes, 1989,
the Labour Standards Code, and
Chapter 494 of the Revised Statutes, 1989,
the Vital Statistics Act
Be it enacted by the Governor and Assembly as follows:
1 Section 7 of Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, as amended by Chapter 14 of the Acts of 1991, is further amended by adding immediately after clause (bc) the following clause:(a) "common-law partner" of an individual means another individual who has cohabited with the individual in a conjugal relationship for a period of at least one year, neither of them being a spouse;
(b) "family member", in relation to an employee, means
(ii) a child of the employee or a child of the employee's spouse or common-law partner,
(iii) a parent of the employee or a spouse or common-law partner of the parent, and
(iv) any other person who is a member of a class of persons prescribed in the regulations for the purpose of this definition;
(c) "week" means the period between midnight on Saturday and midnight on the following Saturday.
(2) An employee who has been employed by an employer for a period of at least three months is entitled to an unpaid leave of absence of up to eight weeks to provide care or support to a family member of the employee if 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 twenty-six weeks from
(a) the day the certificate is issued; or
(b) where the leave was begun before the certificate was issued, the day the leave was begun.
(3) The leave of absence referred to in subsection (2) may only be taken during the period
(ii) where the leave was begun before the certificate was issued, the first day of the week in which the leave was begun if the certificate is 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:
(ii) the expiration of twenty-six weeks following the first day of the week referred to in clause (a).
(4) A leave of absence under this Section may only be taken in periods of not less than one week's duration.
(5) Where requested in writing by the employer, the employee must provide the employer with a copy of the certificate referred to in subsection (2).
(6) For the period of time specified in subsection (2), the employer shall grant to the employee the option of maintaining a benefit plan in which the employee participated before the beginning of that period and shall notify the employee in writing of the option and the date beyond which the option may no longer be exercised at least ten days before the last day on which the option could be exercised to avoid an interruption in benefits.
(7) Where the employee opts in writing to maintain the benefit plan referred to in subsection (6), the employee shall enter into an arrangement with the employer to pay the cost required to maintain the benefit plan, including the employer's share thereof, and the employer shall process the documentation and payments as arranged.
(8) Nothing in subsection (7) prevents an employer from contributing to the cost of a benefit plan referred to in subsection (6).
(9) An employee shall advise an employer as soon as possible of any intention to take a leave of absence under this Section.
60F Sections 59G to 60 apply mutatis mutandis to an employee who takes a leave of absence pursuant to Section 60E.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2003 Crown in right of Nova Scotia. Created October 31, 2003. Send comments to legc.office@novascotia.ca.
