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
Peter McLellan, QC and Level Chan On November 29, 2017, the Nova Scotia Department of Finance and Treasury Board released new regulations with respect to asset transfers between pension plans that are effective November 28, 2017.…
Read MoreRick Dunlop and Kevin Landry The federal government has opened its 60-day consultation period with the release of its Proposed Approach to the Regulation of Cannabis. The paper outlines a potential regulatory framework which could…
Read MoreJosie Marks and Lara Greenough As 2017 comes to a close, please find below a summary of significant 2017 legislative amendments in each of the Atlantic Canadian provinces as well as federally, along with a…
Read MoreBrian Johnston, QC and Julia Parent In response to the report of the House of Commons committee on pay equity, the federal Liberal government announced its intention to bring in legislation to better ensure that…
Read MorePaul Smith and Dante Manna On November 14, 2017, Bill 22, also known as the proposed Pooled Registered Pension Plan Act (the “NB Act”), was introduced in the New Brunswick Legislature. If passed, New Brunswick…
Read MoreAndrew Burke and Kevin Landry The Toronto Stock Exchange (“TSX”) has made two recent changes to the TSX Company Manual that will impact disclosure: A. It introduced a requirement for many corporate listed issuers to…
Read MoreJennifer Taylor There is a role for social justice in statutory interpretation, according to the Nova Scotia Court of Appeal in the recent decision of Sparks v Nova Scotia (Assistance Appeal Board). This case is…
Read MoreKevin Landry and Jamie Watson New Brunswick’s proposed cannabis regulatory scheme has been introduced. An initial press release was followed by the introduction of amendments to the New Brunswick Liquor Control Act, and the Motor…
Read MorePeter McLellan, QC & Level Chan In September 2017, Nova Scotia’s Department of Finance and Treasury Board announced that stakeholder input is being sought regarding potential permanent changes to the funding framework for defined benefit…
Read MoreAndrew Burke & Divya Subramanian Securities markets around the world are grappling with new concerns: As fintechs make cryptocurrency offerings such as Initial Coin Offerings (ICOs), Initial Token Offerings (ITOs) or other digital token offerings,…
Read More