BILL NO. 306
(as introduced)
1st Session, 64th General Assembly
Nova Scotia
1 Charles III, 2023
Private Member's Bill
Serious Illness Leave Act
The Honourable Kelly Regan
Bedford Basin
First Reading: April 6, 2023
Second Reading:
Third Reading:
Explanatory Notes
Clause 2 adds regulation-making power to authorize the Governor in Council to prescribe expanded access to an unpaid serious illness leave of absence.
Clause 3(a) provides definitions of serious illness and week;
(b) adds a 26-week unpaid serious illness leave of absence for a medically certified chronic illness;
(c) permits an employee to take a leave in shorter periods of time rather than one leave of 26 weeks; and
(d) authorizes the Governor in Council to make regulations expanding an unpaid serious illness leave of absence; and
(e) requires the Minister of Labour, Skills and Immigration to review the serious illness leave provisions and regulations every four years.
An Act to Amend Chapter 246
of the Revised Statutes, 1989,
the Labour Standards Code,
Respecting Serious Illness Leaves of Absence
1 This Act may be cited as the Serious Illness Leave Act.
2 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, Chapters 13 and 36 of the Acts of 2018, Chapters 13 and 14 of the Acts of 2020 and Chapter 41 of the Acts of 2022, is further amended by adding immediately after clause (be) the following clause:
(bea) prescribe expanded access to an unpaid serious illness leave of absence;
3 Chapter 246 is further amended by adding immediately after Section 60E the following Heading and Sections:
- 60F (1) In this Section,
(a) "serious illness" means a medically certified chronic illness and includes, but is not limited to, cancer, heart disease, multiple sclerosis, cystic fibrosis, diabetes or other life-altering illness;
(b) "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 and who has been diagnosed with a serious illness is entitled to an unpaid leave of absence of up to twenty-six weeks from
(a) the day the employee was diagnosed; or
(b) where the leave was begun before the employee was diagnosed, the day the leave was begun.
(3) A leave of absence under this Section may only be taken in periods of not less than one week's duration.
(4) Where requested in writing by the employer, the employee must provide the employer with a copy of a certificate issued by a legally qualified medical practitioner confirming the diagnosis.
(5) An employee shall advise an employer as soon as possible of any intention to take a leave of absence under this Section.
(6) Notwithstanding subsection (2), the Governor in Council may by regulation expand access to, including the length of and qualification for, an unpaid serious illness leave of absence.
60FA (1) Where an employee takes a serious illness leave pursuant to Section 60F and wishes to return to work during a week of leave, the employee may return to work during the week only if the employer agrees, whether in writing or not.
(2) Where the employee returns to work under subsection (1), the week counts as an entire week for the purpose of any provision in Section 60F that limits the entitlement to leave to a certain number of weeks.
60FB The Minister shall review Sections 60F and 60FA and the regulations made under clause 7(bea) every four years, commencing on May 1, 2025, to ensure their effectiveness.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2023 Crown in right of Nova Scotia. Created April 6, 2023. Send comments to legc.office@novascotia.ca.
