Bill 22 — Third Session, 20Th Legislature, 34 Elizabeth Ii the Legislative Assembly of Alberta Bill 22 Employment Standards Amendment Act, 1985 (Legislature 20, Session 3)

L20 S3 3360

Alberta — Bills

1985 BILL 22 Third Session, 20th Legislature, 34 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 22 EMPLOYMENT STANDARDS AMENDMENT ACT, 1985 MR. SZWENDER First Reading Second Reading Committee of the Whole Third Reading Royal Assent ft-B^I I 'V • 'fl-B-iW • •> • ff «s>iiU • I • ••> vm-i«.j

Bill 22 Mr Szwender BILL 22 1985 EMPLOYMENT STANDARDS AMENDMENT ACT, 1985 (Assented to , 1985) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foUows: 7 The Employment Standards Act is amended by this Act.

Section 2 is amended (

a) in subsection (2) (

i) by striking out "This" and substituting "Subject to subsec tion (2.1), this"; (ii) in clause (

d) by striking out "states" and substituting "or the regulations under this Act state"; (

b) by adding the following after subsection (2):

(2.1) Division 7 of

Part 3 and the other provisions ofthis Act insofar as they are necessary to give effect to Division 7 of

Part 3 apply to the employers and employees referred to in subsection (2). (

c) in subsection (3)(

b) by striking out ", 7".

Explanatory Notes 1 This Bill will amend

chapter E-10.1 of the Revised Statutes of Alberta 1980. 2

Section 2 presently reads: 2(1) Subject to subsections (2) and (3), this Act applies to all employers and employees.

(2) This Act does not apply to (

a) employers as defined in the Public Service Employee Relations Act and to whom that Act applies; (

b) individuals employed by employers as defined in the Public Service Employee Relations Act and to whom that Act applies; (

c) employees who are members of a municipal police force appointed pursuant to the Police Act; (

d) employees and employers to the extent that another Act states that this Act or a provision of it does not apply to them.

(3) The following provisions ofthis Act: (

a) Part 2, Division 3, and (

b) Part 3, Divisions 2, 3, 4, 5, 7 and 8 do not apply to: (

c) employees employed on a farm or ranch whose employment is directly related to the primary production of eggs, milk, grain, seeds, fruit, vegetables, honey, livestock, poultry or bees, or to their employer while acting in. the capacity of their employer or (

d) employees employed in domestic work in a private dwelling, or to their employer while he is ordinarily resident in the dwelling and act ing in the capacity of their employer Explanatory Notes

3 The following heading is added after

section 17:

PART 3 EMPLOYMENT STANDARDS Division 1 Payment of Wages 4 The heading after

section 18 is struck out. 5

Section 59 is amended (

a) in subsection (1) by adding "continuous" after "for a"; (

b) in subsection (2) by repealing clauses (a), (

b) and (

c) and sub stituting the following: (

a) a period not exceeding 18 weeks commencing at any time during the period of 12 weeks immediately preceding the es timated date of delivery, and (

b) if the actual date of delivery is after the estimated date of delivery, an additional period consisting of the time between the estimated date of delivery and the actual date of delivery. (

c) by adding the following after subsection (2):

(3) Subject to

section 61, the maternity leave shall include a period of at least 6 weeks immediately following the actual date of delivery. 6

Section 60(1) is amended by striking out "together with" and sub stituting "and, if so requested by her employer, shall provide her employer with". 7

Section 63 is amended by striking out "6 week period following the actual date of delivery" and substituting "period referred to in

section 59(2)". 8

Section 64 is repealed and the following is substituted: 64 No employer shall terminate the employment of or lay off an einployee who has commenced maternity leave under this Division.

3 Heading for

Part 3 moved to follow

section 17. 4 Consequential to

section 3 of this Bill. 5

Section 59 presently reads: 59(1) A pregnant employee who has been employed by an employer for a period of at least 12 months is entitled to maternity leave without pay.

(2) A pregnant employee referred to in subsection (1) is entitled to mater nity leave of (

a) a period not exceeding 12 weeks immediately preceding the esti mated date of delivery or any shorter period the employee may request, (

b) the period, if any, between the estimated date of delivery and the actual date of delivery, and (

c) a period not exceeding 6 weeks immediately following the actual date of delivery. 6

Section 60(1) presently reads: 60(1) A pregnant employee shall give her employer at least 2 weeks' notice in writing of the day on which she intends to commence maternity leave together with a medical certiftcate certifying that she is pregnant and giving the estimated date of delivery. 7

Section 63 presently reads: 63 When an employee takes maternity leave under this Division and is unable to return to work after the expiration of the 6 week period following the actual date of delivery by reason of a medical condition arising follow ing the date of delivery, her employer shall grant her a further period of maternity leave without pay of not more than 3 weeks if she provides her employer with a medical certiftcate indicating that due to a medical con dition arising following the date of delivery she is not able to return to work at that time. 8

Section 64 presently reads: 64 No employer shall terminate the employment of or lay off an employee who (

a) is entitled to maternity leave under

section 59(1), or (

b) has commenced maternity leave under this Division, by reason only that the employee is pregnant or that maternity leave has been or will be taken. Explanatory Notes

Section 67 is amended by striking out "period referred to in sec tion 59(2)(a)" and substituting''12-week period immediately preced ing the estimated date of delivery". 10

Section 69(

a) is amended by striking out "section 14, this Part, a provision of it or a regulation made under it" and substituting "sec tion 14, Divisions 1 to 6, 8 and 9 ofthis Part or a provision of or a regulation made under any of those Divisions". //

Section 87(2) is amended by adding ", within 15 days from the date of service of the notice under that subsection," after "may". 12

Section 93(2.1) is amended by striking out "A" and substituting "In the case of an appeal by an employer, the". 13

Section 105 is amended (

a) by adding the following after clause (d): (d.Ol) contravenes

section 64, (

b) by striking out "or" at the end of clause (g), by adding ", or" at the end of clause (

h) and by adding the following after clause (h): (

i) contravenes

section 102 or 103 In accordance with

section 4(1) of the

Interpretation Act, this Bill comes into force on the date it receives Royal Assent.

Section 67 presently reads: 67 If during the period referred to in

section 59(2)(

a) the pregnancy of an employee interferes with the performance of the employee's duties the em ployer may, by notice in writing to the employee, require the employee to commence maternity leave under this Division. 10

Section 69(

a) presently reads: 69 The Lieutenant Governor in Council may make regulations (

a) exempting an employment described or referred to in the regula tions from

section 14, this Part, a provision of it or a regulation made under it; 11

Section 87(2) presently reads:

(2) An employee served under subsection (1) may appeal to the Director by serving on him a written notice of appeal specifying the reasons for it. 12

Section 93(2.1) presently reads:

(2.1) A notice of appeal of an order under

section 88 shall be accompanied by a money order or certifted cheque payable to the Director in an amount equal to (

a) the amount ordered to be paid under

section 88, or (b) $300 whichever is less, for each employee in respect of whom the order was made. 13

Section 105 presently reads in part: 705 An employer employee or other person who (

d) requires an employee to work hours in excess of the hours of work permitted under this Act, (

g) makes a complaint to an officer knowing it to be untrue, or (

h) fails to maintain or retain an employment record required to be maintained and retained under this Act is guilty of an offence. Explanatory Notes Title: 1985 (20th, 3rd) Bill 22, Employment Standards Amendment Act, 1985

Document details

Collection	Alberta — Bills
Citation	L20 S3 3360
Type	bill
Volume / chapter	L20 S3 3360
Language	en
Format	json
Source	PROVINCIAL
Identifier	aa8241e8b33e235c541d57421d539610c868b49d

Source file is stored in the law ingest library (json).