BILL NO. 75

(as introduced)

1st Session, 64th General Assembly
Nova Scotia
70 Elizabeth II, 2021

 

Private Member's Bill

 

Labour Standards Code
(amended)

 

Kendra Coombes
Cape Breton Centre–Whitney Pier

First Reading: November 2, 2021

(Explanatory Notes)

Second Reading:

Third Reading:

Explanatory Notes

Clause 1 reletters clause 30(1)(h)—the clause that prohibits an employer from discipling a person for asking the employer to comply with the Act or regulations—as clause (a).

Clause 2 entitles employees to paid leave for a personal illness, injury or medical emergency of themselves and for the personal injury, medical emergency or death of a family member.

An Act to Amend Chapter 246
of the Revised Statutes, 1989,
the Labour Standards Code,
Respecting Sick Leave

Be it enacted by the Governor and Assembly as follows:

1 Subsection 30(1) of Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, as enacted by Chapter 42 of the Acts of 2015 and amended by Chapter 14 of the Acts of 2020, is further amended by

(a) relettering clause (a) as (aa);

(b) adding immediately before clause (aa) the following clause:

(a) that person has asked or required the employer to comply with this Act and the regulations;

and

(c) repealing clause (h).

2 Chapter 246 is further amended by adding immediately after Section 60G the following Section:

60GA (1) An employee is entitled to a paid leave of absence in accordance with this Section for a personal illness, injury or medical emergency.

(2) In addition to any other leave provided for by this Act, an employee is entitled to a paid leave of absence, in accordance with this Section, for a personal illness, injury, medical emergency or the death of

(a) the employee's spouse;

(b) a parent, step-parent or foster parent of the employee or the employee's spouse;

(c) a child, step-child or foster child of the employee or the employee's spouse;

(d) a grandparent or step-grandparent of the employee or the employee's spouse;

(e) the spouse of a child of the employee;

(f) a sibling, step-sibling or foster sibling of the employee; or

(g) any other person who is dependent on the employee for care or assistance.

(3) An employee may take one day of leave pursuant to subsections (1) and (2) per month of employment with the employer, to a maximum of ten days per year.

(4) An employee taking a leave of absence pursuant to subsection (1) or (2) shall provide the employer with notice of the leave as soon as is reasonably practicable in the circumstances.

(5) For greater certainty,

(a) "personal illness, injury or medical emergency" in this Section includes a personal illness, injury or emergency associated with mental health; and

(b) "paid leave of absence" means an employee, when taking leave in accordance with this Section, is entitled to be paid the same wages as if the employee had not taken the leave.

(6) Subject to subsection (7), an employee who takes leave under this Section shall provide to the employer, where the employer so requests, evidence that is reasonable in the circumstances that the employee is entitled to the leave and such evidence must be provided within a time that is reasonable in the circumstances.

(7) An employer shall not request or require a note, letter or certificate from a physician for the purpose of subsection (6).

(8) Sections 58A to 58F apply mutatis mutandis to an employee who takes a leave of absence pursuant to this Section.

 

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