1st Session, 59th General Assembly
Nova Scotia
52 Elizabeth II, 2003
The Honourable Kerry Morash
Minister of Environment and Labour
First Reading: October 1, 2003 (LINK TO BILL AS INTRODUCED)
Second Reading: October 9, 2003
Third Reading: October 16, 2003 (WITH COMMITTEE AMENDMENTS)
Royal Assent: October 30, 2003
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:
2 Chapter 246 is further amended by adding immediately after Section 60D the following heading and Sections:
(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;
(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.
3 Subsection 54(2) of Chapter 494 of the Revised Statutes, 1989, the Vital Statistics Act, as enacted by Chapter 29 of the Acts of 2000 and amended by Chapters 5 and 31 of the Acts of 2001, is further amended by adding immediately after clause (e) the following clause:
4 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.