Skip to content

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:

  1. 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
  2. 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.

SHARE

Archive

Search Archive


Search
Generic filters

 
 

Nova Scotia relaunches Paid Sick Leave Program

January 12, 2022

Rick Dunlop and Will Wojcik Nova Scotia’s COVID-19 Paid Sick Leave Program (“Program”) is now open for applications. Employers can now be reimbursed for employees’ time off work to comply with public health requirements, including…

Read More

Retailer’s mandatory mask mandate – no discrimination based on disability or religious belief

December 30, 2021

Sean Kelly and Will Wojcik A recent decision of the Human Rights Tribunal of Alberta (“Tribunal”) dismissing a customer’s allegations of discrimination based on physical disability and religious belief against a Natural Food Store’s mandatory mask…

Read More

New Brunswick Court of Appeal rejects claim for unjust enrichment in ordinary wrongful dismissal action

December 22, 2021

Clarence Bennett and Lara Greenough In ExxonMobil Business Support Centre Canada ULC v Birmingham, the New Brunswick Court of Appeal considered the equitable remedy of unjust enrichment in the context of an ordinary wrongful dismissal…

Read More

COVID-19 vaccination soon to become mandatory in all federally regulated workplaces in Canada

December 17, 2021

Brian Johnston, QC and Katharine Mack COVID-19 vaccination policies have become more prevalent. Public sector employees have been mandated to get vaccinated in a number of jurisdictions, the federal government has mandated vaccinations in the…

Read More

Work life balance and ban on non-competes – changes to laws in Ontario

December 17, 2021

*Last updated: December 17, 2021 (originally published December 1, 2021) Mark Tector and Will Wojcik Bill 27, Working for Workers Act (“Act”), 2021, received Royal Assent on December 2, 2021, and is now in force in Ontario.…

Read More

Private posts can lead to a lack of academic professionalism: the relationship between social media and post-secondary institutions and the duty of procedural fairness

December 9, 2021

Included in Discovery: Atlantic Education & the Law – Issue 09 (also available in French, here) Tessa Belliveau In its recent and interesting decision regarding Zaki v.  University of Manitoba, 2021 MBQB 178 (CanLII), the…

Read More

A new era: expanded obligations for owners under New Brunswick’s Construction Remedies Act

December 7, 2021

Included in Discovery: Atlantic Education & the Law – Issue 09 Conor O’Neil and Sarah-Jane Lewis Construction lien legislation exists in every province and territory in Canada. Liens are a creature of statute introduced, at…

Read More

A legal lost and found: proposed rules for New Brunswick’s Unclaimed Property Act now published

December 6, 2021

Christopher Marr, TEP and Michael Forestell As detailed in our previous update , in March 2020 New Brunswick implemented the Unclaimed Property Act (“Act”), with the intention that the New Brunswick Financial and Consumer Services…

Read More

Legislative amendments impacting Prince Edward Island companies

December 3, 2021

Margaret Anne Walsh and Graeme Stetson Beneficial Ownership and Corporate Transparency On September 1, 2020, the Government of Prince Edward Island proclaimed into force Bill no. 34 which amends the Business Corporations Act (“BCA”). The…

Read More

What the government is doing to continue support for international students

December 2, 2021

Included in Discovery: Atlantic Education & the Law – Issue 09 Brendan Sheridan With the 2021 fall school semester under way, it has been a year and a half since the COVID-19 pandemic first resulted…

Read More

Search Archive


Search
Generic filters

Scroll To Top