First Session, 48th

General Assembly

65 Elizabeth II,

BILL 53

AN ACT TO AMEND THE LABOUR

STANDARDS ACT NO. 2

Received

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

Second

Reading ............................................................................................

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

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE GERRY

BYRNE

Minister of

Advanced Education, Skills and Labour

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY

NOTES

This Bill would amend the Labour Standards Act to align with

changes to the Canada Labour Code by

increasing the entitlement to

Compassionate Care Leave from 8 weeks to 28 weeks; and

changing the period in which

Compassionate Care Leave must be taken from 26 weeks to 52 weeks.

A BILL

AN ACT TO AMEND

THE LABOUR

STANDARDS ACT NO. 2

Analysis

S.43.14 Amdt.

Entitlement to leave

Be it enacted by

the Lieutenant-Governor and House of Assembly in Legislative Session convened,

as follows:

RSNL1990 c.L-2

as amended

(1) Subsections

43.14(1) and (2) of the Labour Standards Act

are repealed and the following substituted:

Entitlement to

leave

43.14

(1) An employee who has been employed by

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

without pay of up to 28 weeks to provide care or support to a family member of

the employee where 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 26 weeks from

(

a) the

day the certificate is issued; or

(

b) the

day the leave began, if leave began before the certificate was issued.

(2) The

leave of absence under subsection (1) shall be taken during the period

(

a) that

starts with

(

i) the first day of the week in which the certificate is issued, or

(ii) the first day of the week in which the employee was absent, if the leave

began before the certificate was issued and the certificate was 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:

(

i) the family member dies, or

(ii) the expiration of 52 weeks following the first day of the week

referred to in paragraph (a).

(2) Subsection 43.14(7) of the Act is repealed and

the following substituted:

(7) The

aggregate amount of leave that may be taken by 2 or more employees under this

section in respect of the care or support of the same family member shall not

exceed 28 weeks in the period referred to in subsection (2).

Queen's Printer