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:
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.
Level Chan and Dante Manna On March 12, 2019, the Nova Scotia legislature introduced long anticipated amendments to the Pension Benefits Act (“PBA”) which, according to a statement by Finance Minister Karen Casey, are aimed…Read More
Julia Parent and Graham Haynes In the long-awaited decision in the case of Orphan Well Association v Grant Thornton Ltd, the Supreme Court of Canada held that end-of-life environmental cleanup obligations imposed by Alberta’s provincial…Read More
Michelle Chai & Jennifer Taylor Justice Ann Smith of the Supreme Court of Nova Scotia recently dismissed an action against a disability insurer for being out of time. The case, Richards Estate v Industrial Alliance…Read More
Chad Sullivan and Bryan Mills New Brunswick has recently introduced a new regulation under the Occupational Health and Safety Act on the topic of problematic workplace conduct. The change will bring New Brunswick in line…Read More
Jennifer Taylor In an important decision for the auto insurance industry, the Nova Scotia Court of Appeal has confirmed that future CPP disability benefits are indeed deductible from damages awarded in Nova Scotia cases for…Read More
Brian Johnston, QC and Matthew Jacobs Bill C-86, enacted as SC 2018, c. 27, will effect massive changes upon how federal labour and employment relations are regulated. They come into effect in 2019 with staggered…Read More
We can all make 2019 a success by building on the year that was. For employers, 2018 was a year of many notable developments in labour and employment law across the country. We saw Ontario…Read More
Level Chan and Dante Manna As 2018 comes to an end, we countdown some pension and employee benefits developments in the last year that we anticipate may lead to developments in 2019. Discrimination in benefits…Read More
Kevin Landry The first look at regulations for cannabis edibles, extracts and topicals has arrived. The Federal Government has opened a 60-day consultation period respecting the strict regulation of additional cannabis products. Notice of the consultation was accompanied…Read More