BILL NO. 153
(as introduced)
1st Session, 64th General Assembly
Nova Scotia
71 Elizabeth II, 2022
Private Member's Bill
Labour Standards Code
(amended)
Kendra Coombes
Cape Breton Centre–Whitney Pier
First Reading: April 8, 2022
Second Reading:
Third Reading:
Explanatory Note
This Bill amends the Labour Standards Code to entitle employees to a leave of absence to donate organs or tissues in accordance with the Human Organ and Tissue Donation Act.
An Act to Amend Chapter 246
of the Revised Statutes, 1989,
the Labour Standards Code,
Respecting Organ and Tissue Donation Leave
1 Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, is amended by adding immediately after Section 60ZB the following heading and Section:
60ZC (1) Subject to subsection (7), an employee is entitled to a leave of absence of up to thirteen weeks to donate from the employee's own body organs or tissues in accordance with the Human Organ and Tissue Donation Act.
(2) Where an employee takes a leave of absence under this Section, the employee is entitled to take the first week as paid days of leave and the balance of the employee's entitlement as unpaid leave.
(3) Subject to subsection (4), 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 wages 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.
(4) 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.
(5) Before taking a leave of absence under this Section, an employee shall give the employer as much notice as reasonably practicable of the employee's intention to take the leave.
(6) Upon the request of the employer, where an employee takes a leave of absence under this Section, the employee shall provide a certificate of a legally qualified medical practitioner stating that the employee is donating organs or tissues in accordance with the Human Organ and Tissue Donation Act.
(7) An employee's leave of absence under this Section may be extended for up to an additional thirteen weeks of unpaid leave if the employee provides to the employer a certificate of a legally qualified medical practitioner stating that the employee requires the extension to recover from the donation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2022 Crown in right of Nova Scotia. Created April 8, 2022. Send comments to legc.office@novascotia.ca.
