Second

Session, 47th General Assembly

Elizabeth II, 2013

BILL 17

AN ACT TO AMEND THE

LABOUR STANDARDS ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE

DARIN KING

Minister of Justice

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Labour Standards Act to

establish a category of leave

without pay for employees whose child has disappeared or died as a result of a

crime; and

establish a category of leave

without pay for employees whose child is critically ill.

A BILL

AN ACT TO AMEND THE LABOUR

STANDARDS ACT

Analysis

PART VII.5 Added

PART VII.5

CRIME-RELATED CHILD DEATH OR DISAPPEARANCE LEAVE

43.23

Definitions

43.24 Entitlement to leave

43.25 Notice

43.26 Employee

protection

43.27 Regulations

Part VII.6 Added

PART VII.6

CRITICALLY ILL CHILD CARE LEAVE

43.28

Definitions

43.29 Entitlement to leave

43.30 Notice

43.31 Employee

protection

43.32 Regulations

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cL-2

as amended

1. The Labour

Standards Act is amended by adding immediately after

PART VII.4 the

following:

PART VII.5

CRIME-RELATED CHILD DEATH OR DISAPPEARANCE LEAVE

Definitions

43.23 In

this Part

(a) "child" means a person under 18

years of age;

(b) "cohabiting partner" means either of

2 persons who are cohabiting and have cohabited continuously in a conjugal relationship

outside marriage for not less than one year;

(c) "crime" means an offence under the

Criminal Code other than an offence prescribed by regulations under paragraph

209.4(

f) of the Canada Labour Code;

(d) "parent" means

(

i) a parent of a child,

(ii) the spouse or cohabiting partner of a parent

of a child,

(iii) a person with whom a child has been placed for

the purpose of adoption,

(iv) a foster parent of a child, or

(

v) a person who has the care or custody of a

child, and is considered to be like a close relative, whether or not that

person is related to the child by blood or adoption; and

(e) "week" means the period between

midnight on Saturday and midnight on the immediately following Saturday.

Entitlement to

leave

43.24

(1) An

employee who has been employed by the same employer for at least 30 days is

entitled to a leave of absence from employment without pay of up to 104 weeks

if the employee is the parent of a child who has died and it is probable,

considering the circumstances, that the child died as a result of a crime.

(2) An employee who has been employed by the same

employer for at least 30 days is entitled to a leave of absence from employment

without pay of up to 52 weeks if the employee is the parent of a child who has

disappeared and it is probable, considering the circumstances, that the child

disappeared as a result of a crime.

(3) Notwithstanding subsections (1) and (2), an

employee who takes a leave of absence in accordance with this Part shall limit

the duration of that leave of absence to that which is reasonably necessary in

the circumstances.

(4) An employee who wishes to take a leave of

absence under this Part shall provide the employer with reasonable verification

of the necessity of the leave as soon as possible.

(5) Notwithstanding subsections (1) and (2), an

employee is not entitled to a leave of absence under this

section if that employee

is charged with the crime necessitating that leave of absence.

Notice

43.25

(1) An

employee who intends to take a leave of absence under this Part shall give

written notice to his or her employer at least 2 weeks before the leave of

absence is to begin of that intention, unless there is a valid reason why that

notice cannot be given.

(2) An employee who gives notice under subsection

(1) shall include in that written notice to the employer the length of the

leave of absence that the employee intends to take.

(3) Every employee who is taking a leave of

absence under this Part shall give at least 2 weeks written notice to the

employer of any change in the length of leave intended to be taken, unless

there is a valid reason why that notice cannot be given.

Employee protection

43.26

(1) An employer shall not dismiss an

employee or give notice of dismissal to an employee because an employee intends

to take, applies for or takes a leave of absence under this Part.

(2) Where an employee is dismissed by his or her

employer contrary to subsection (1), the onus of proving that the reason for

dismissal is unrelated to the crime-related child death or disappearance leave

rests with the employer.

(3) An employer shall reinstate an employee at the

are not less beneficial than those that subsisted before the leave of absence began.

(4) Unless the employer and the employee otherwise

agree, a period of leave under this Part does not count towards the application

of the rights, benefits and privileges conferred by this Act upon an employee,

but the period worked upon resumption of employment after leave shall be

considered, for the purpose of this Act, to be continuous with the period

worked before the leave.

Regulations

43.27 The

Lieutenant-Governor in Council may make regulations

imposed on the availability and duration of leave under this Part;

(

b) setting out time frames within which leave

under this Part may be accessed;

(

c) respecting early termination of leave under

this Part; and

(

d) generally, to give effect to this Part.

2. The Act is amended by adding immediately after

Part VII.5 the following:

PART VII.6

CRITICALLY ILL CHILD CARE LEAVE

Definitions

43.28 In

this Part

(a) "cohabiting partner" means either of

2 persons who are cohabiting and have cohabited continuously in a conjugal relationship

outside marriage for not less than one year;

(b) "critically ill child" has the same

meaning as in the regulations made under the Employment Insurance Act ( Canada );

(c) "parent" means

(

i) a parent of a child,

(ii) the spouse or cohabiting partner of a parent

of a child,

(iii) a person with whom a child has been placed for

the purpose of adoption,

(iv) a foster parent of a child, or

(

v) a person who has the care or custody of a

child, and is considered to be like a close relative, whether or not that

person is related to the child by blood or adoption;

(d) "physician" means a person lawfully

entitled to practise medicine, and includes a specialist; and

(e) "week" means the period between

midnight on Saturday and midnight on the immediately following Saturday.

Entitlement to

leave

43.29

(1) An

employee who is the parent of a critically ill child and who has been employed

by the same employer for at least 30 days is entitled to a leave of absence

from employment without pay of up to 37 weeks to provide care or support to that

critically ill child where a physician issues a certificate

(

a) stating that the child is a critically ill

child and requires the care or support of the employee; and

(

b) setting out the period during which the child

requires that care or support.

(2) Notwithstanding subsection (1), an employee

who takes a leave of absence in accordance with this Part shall limit the duration

of that leave of absence to that which is reasonably necessary in the circumstances.

(3) An employee who wishes to take a leave of

absence under this Part shall give the employer a copy of the physician's

certificate referred to in subsection (1) as soon as possible.

Notice

43.30

(1) An

employee who intends to take a leave of absence under this Part shall give

written notice to his or her employer at least 2 weeks before the leave of

absence is to begin of that intention, unless there is a valid reason why that

notice cannot be given.

(2) An employee who gives notice under subsection

(1) shall include in that written notice to the employer the length of the

leave of absence that the employee intends to take.

(3) Every employee who is taking a leave of

absence under this Part shall give at least 2 weeks written notice to the

employer of any change in the length of leave intended to be taken, unless

there is a valid reason why that notice cannot be given.

Employee protection

43.31

(1) An employer shall not dismiss an

employee or give notice of dismissal to an employee because an employee intends

to take, applies for or takes a leave of absence under this Part.

(2) Where an employee is dismissed by his or her

employer contrary to subsection (1), the onus of proving that the reason for

dismissal is unrelated to the critically ill child care leave rests with the

employer.

(3) An employer shall reinstate an employee at the

are not less beneficial than those that subsisted before the leave of absence began.

(4) Unless the employer and the employee otherwise

agree, a period of leave under this Part does not count towards the application

of the rights, benefits and privileges conferred by this Act upon an employee,

but the period worked upon resumption of employment after leave shall be

considered, for the purpose of this Act, to be continuous with the period

worked before the leave.

Regulations

43.32 The

Lieutenant-Governor in Council may make regulations

imposed on the availability and duration of leave under this Part;

(

b) setting out time frames within which leave

under this Part may be accessed;

(

c) respecting early termination of leave under

this Part; and

(

d) generally, to give effect to this Part.

Queen's Printer