Client Update: Recent Proposed Leaves for Nova Scotia
The Nova Scotia government introduced Bill 29 on September 14, 2018 to increase pregnancy and parental leave to reflect the recent changes by the federal government to Employment Insurance (“EI”). Those EI changes extended employment insurance for maternity and parental leave from a combined 50 weeks to 76 weeks and came into effect on December 3, 2017. The majority of provinces have amended their employment standards to match the federal government’s changes to employment insurance (see chart below).
Consistent with the federal EI changes, Bill 29 reduces pregnancy leave from 17 weeks to 16 weeks (to reflect the now reduced EI waiting period of one week), increases parental leave from 52 weeks to 77 weeks and also increases the maximum combined leave from 52 weeks to 77 weeks. Bill 29 received second reading in the legislature on September 14, 2018. On September 24, 2018 the NDP brought a motion at Law Amendments to reduce the one year employment requirement for pregnancy and parental leave, to 17 weeks. The motion was defeated; Bill 29 was referred back to the Legislature without any amendments.
As can be seen from the chart below, the proposed changes would bring Nova Scotia in line with the majority of Canadian provinces (excluding Quebec):
Province | Maternity leave (in weeks) |
Parental leave (in weeks) |
Maximum leave (in weeks) |
Nova Scotia (existing legislation) | 17 | 52 | 52 |
Nova Scotia (proposed changes) | 16 | 77 | 77 |
Alberta | 16 | 62 | 78 |
British Columbia | 17 | 62 | 78 |
Manitoba | 17 | 63 | 78 |
New Brunswick | 17 | 62 | 78 |
Newfoundland and Labrador | 17 | 61 | 78 |
Ontario | 17 | 63 | 78 |
Prince Edward Island | 17 | 35 | 52 |
Saskatchewan | 18 | 37 | 52 |
Employers who have policies providing “top-up” for pregnancy and parental leave should ensure that Bill 29 does not overextend their policy beyond the desired effect.
Sick leave and domestic violence leave
Last week, the Nova Scotia NDP introduced two bills which, if enacted, would provide paid days for both sick leave and domestic violence leave, and also remove the right of employers to ask for a doctor’s note.
Currently, s. 60D of the Labour Standards Code (“Code”) provides up to three days unpaid sick leave for employees.
On September 20, 2018 the NDP introduced legislation to amend the Code to provide six paid days and also remove the right of employers to ask for a doctor’s note. The proposed NDP amendment follows in the footsteps of Ontario Bill 148 (passed by the Liberal Government of Ontario) which came into force in January 2018. Bill 148 abolished the employer’s right to ask for a doctor’s note and increased the number of personal emergency leave (i.e. sick leave) to 10 days per year including two paid days. We will continue to monitor the NDP’s proposed amendments.
As for domestic violence leave, on April 17, 2018 the Nova Scotia government passed legislation amending the Code to provide for domestic violence leave. The amendments are awaiting proclamation and will provide 10 intermittent unpaid days and also 16 continuous weeks of unpaid leave. On September 21, 2018 the NDP introduced a bill to provide for the first five days of domestic violence leave to be paid. The Department of Labour and Advanced Education are holding consultations with stakeholders next week on whether to include paid days in domestic violence leave.
Currently, four provinces have proposed amending their legislation to include paid leave for domestic violence and three provinces have legislation in force which provide paid leave. The NDP’s proposal for six sick days of paid leave would place Nova Scotia well above provincial standards:
Province | Paid days domestic violence (proposed or enacted amendments) | Paid days sick leave (enacted amendments) | Unpaid sick leave (enacted amendments) |
Nova Scotia (existing legislation)
|
— | — | 3 |
Nova Scotia (proposed changes by NDP)
|
5 | 6 | — |
Manitoba
|
5 | — | 3 |
British Columbia |
10 | — | — |
Alberta
|
— | — | 5 |
Saskatchewan
|
5 | — | — |
Ontario
|
5 | 2 | 7 |
New Brunswick |
5 | — | 5 |
Prince Edward Island |
3 | 1 | 3 |
Quebec
|
2 | — | 10 |
Newfoundland and Labrador |
— | — |
7
|
A change from unpaid to paid leave would impose a considerable new cost to Nova Scotia companies. We will continue to monitor the proposed amendments.
This update is intended for general information only. If you have questions about the above information, please contact Guy-Etienne Richard, or another member of our labour and employment group.
Archive
Brendan Sheridan Canada has continually claimed to be one of the countries with the toughest COVID-19 related travel and quarantine requirements. In response to the new COVID-19 variants emerging in the UK and South Africa,…
Read MoreDante Manna As of today, Newfoundland and Labrador has joined several other jurisdictions with financial hardship unlocking provisions. While the new provisions do not allow direct unlocking from pension plans, and unlocking is not available…
Read MoreNancy Rubin, QC Nova Scotia has taken a big step forward in recognizing the tort of publication of private facts. The case, Racki v Racki, 2021 NSSC 46 comes hot on the heels of Ontario’s…
Read MoreKathleen Leighton Canada is committed to developing Francophone minority communities in the country (outside of Quebec). In furtherance of this goal, there are a number of immigration initiatives in place to attract French speakers. By…
Read MoreAndrew Burke and Divya Subramanian The year 2020 was nothing short of unusual. With COVID-19 impacting every aspect of business and life, shareholder meetings also transitioned to a virtual medium. For more on how the…
Read MoreChad Sullivan and Kathleen Nash Overview The issue of hateful and harassing social media communication has garnered much attention in both the media and, more recently, in the courtroom. In Caplan v Atas,¹ Justice Corbett…
Read MoreDaniel MacKenzie and James Galsworthy On January 15, 2021, the United Kingdom’s Supreme Court (“Court”) issued a decision which is likely to be viewed as good news for policy holders who have endured business interruption…
Read MoreGrant Machum, ICD.D and Mark Tector 2020 was a challenging year for many people and businesses. And while we are all happy to have 2020 in the rearview mirror, we anticipate that there will continue to…
Read MoreKevin Landry and William Wojcik On December 11, 2020, the federal government announced Canada’s strengthened climate plan in a document titled A Healthy Environment and a Healthy Economy (“Plan”). The Plan proposes to increase the carbon…
Read MoreKenneth McCullogh, QC and Conor O’Neil, P.Eng. On December 18, 2020, the Legislative Assembly of New Brunswick passed the Construction Remedies Act. The new legislation will not take effect until a date to be named…
Read More