BILL NO. 53
2nd Session, 63rd General Assembly
67 Elizabeth II, 2018
Private Member's Bill
Labour Standards Code
Cape Breton Centre
First Reading: September 21, 2018
This Bill amends the Labour Standards Code by replacing indeterminate unpaid emergency leave with up to 10 days emergency leave, with the first 5 days being paid leave and the remainder unpaid.
An Act to Amend Chapter 246
of the Revised Statutes, 1989,
the Labour Standards Code,
to Provide Paid Leave
for Events of Domestic Violence
and Other Emergencies
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, 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, Chapter 11 of the Acts of 2016 and Chapter 13 of the Acts of 2018, is further amended by adding immediately after clause (bk) the following clause:
- (bka) prescribe permitted disclosures for the purpose of subsection 60I(13);
2 Section 60I of Chapter 246, as enacted by Chapter 18 of the Acts of 2009 and amended by Chapter 13 of the Acts of 2018, is further amended by striking out subsections (3) to (7) and substituting the following subsections:
- (3) An employee is entitled to take up to ten days of leave under this Section in each calendar year because of an emergency, including an emergency relating to an event of domestic violence.
(4) 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.
(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
(6) 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.
(7) 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.
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