Client Update: Nova Scotia Labour Standard Code changes – domestic violence leave & pregnancy / parental eligibility
Following the various Stakeholder Consultations (which Stewart McKelvey participated in on behalf of Nova Scotia Employers), the Government has changed the Labour Standards Code Regulations effective January 1, 2019 to:
- a) provide for up to three days paid domestic violence leave in each calendar year (and details respecting the taking of leave are set out in the Regulations; and
- b) there is now no eligibility period for pregnancy and / or parental leave – ie. employees are eligible for such leave as soon as they are hired (this is consistent with most other jurisdictions).
Below is the Communication sent by Government to Stakeholders:
Domestic Violence Leave
The Regulations provide for domestic violence leave to be paid by the employer for up to 3 days in each calendar year. A paid day of leave must not be less than the employee’s wages for all hours they would have worked on the day of the leave. For example, if a full-time employee was scheduled to work 7 hours on the day of their leave, the employee would receive regular pay for 7 hours. Similarly, if a part-time employee was scheduled to work 4 hours, the employee would receive regular pay for 4 hours.
In addition, if an employee takes any part of a day as leave, it is counted as one full day of paid leave. An employee can determine, however, which days of leave are to be considered the paid leave days. If an employee has two-hour appointments on different days, and also requires three full consecutive days off, the employee can request that the two-hour appointments be considered unpaid domestic violence leave and that they be paid for the three full consecutive days off. If the employee does not make a specific request, however, the employer will consider their first three days off, or parts of days off, as the three paid days.
The Regulations also provide authority and support for the (draft) Notification Form to be requested by employers and completed by employees and the service providers they will be engaging with as part of the domestic violence leave.
Eligibility Period for Pregnancy and Parental Leave
The Regulations provide that there is no eligibility period for pregnancy and/or parental leave. As such, employees are eligible for pregnancy and/or parental leave as soon as they are hired.
The links to the two Regulations are:
https://www.novascotia.ca/just/regulations/regs/2018-208.pdf
https://www.novascotia.ca/just/regulations/regs/2018-210.pdf
This update is intended for general information only. If you have questions about the above, please contact a member of our Labour and Employment group.
Archive
By Perlene Morrison, K.C., Hilary Newman & Curtis Doyle Once again, the time has come to review the year that was and to chart the course for the year ahead. For municipalities and planning professionals…
Read MoreBy Dave Randell, John Samms & Jayna Green A recent Government of Newfoundland and Labrador (“GNL”) announcement affirms the Province’s swift and ambitious approach to offshore wind development. While it may come as a shock…
Read MoreBy Sadira Jan, Dave Randell, Graham Haynes & Tyler Callahan On November 30, 2023, the Federal Government tabled Bill C-59, entitled An Act to implement certain provisions of the fall economic statement tabled in Parliament…
Read MoreBy Brendan Sheridan The Government of Canada has continued their whirlwind year of immigration program announcements by revealing their plan to modernize and improve the country’s immigration system. This plan, known as “An Immigration System…
Read MoreBy Christine Pound, ICD.D, Rebecca Saturley, & Daniel Roth Canada’s anti-modern slavery legislation comes into force on January 1, 2024. To prepare for the first reporting deadline on May 31, 2024, organizations need to determine…
Read MoreBy Brian Johnston, K.C. and Richard Jordan On November 9, 2023, Minister of Labour, Seamus O’Regan, introduced Bill C-58 in the House of Commons to amend the Canada Labour Code to prohibit the use of…
Read MoreBy Kevin Landry & Eryka Gregory The Retail Payment Activities Regulations (“Regulations”) under the Retail Payment Activities Act (“RPAA”) were finalized and published in the Canada Gazette Part II on November 23, 2023. The RPAA was…
Read MoreBy Level Chan When proclaimed in force, the Nova Scotia Private Sector Pension Plan Transfer Act (the “Transfer Act”) enacted by Bill 339, Financial Measures (Fall 2023) Act will allow the transfer of private sector…
Read MoreBy Kevin Landry On November 9 2023, Bill C-365, An Act respecting the implementation of a consumer-led banking system for Canadians (“C-365”), short titled as the ‘Consumer-led Banking Act’ was read in the House of…
Read MoreBy Jennifer Taylor The Nova Scotia Court of Appeal (“NSCA”) has issued an important decision clarifying the test to disallow a limitations defence. The decision, Halifax (Regional Municipality) v Carvery (“Carvery”), has real implications for personal…
Read More