BILL 11
An Act to Amend the
Employment Standards Act
Her Majesty, by and with the advice and
consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 The
Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick,
1982, is amended by adding after section 44.03 the following:
LEAVE FOR RESERVISTS
Leave for reservists
44.031(1) In this section
“Reserves” means the component
of the Canadian Forces referred to in the National Defence Act (Canada) as
the reserve force;
“reservist” means a reservist
on Class “C” Reserve Service within the meaning of article
9.08 of the Queen’s Regulations
and Orders for the Canadian Forces (Canada);
“service” means active duty
or training in the Reserves.
44.031(2) An employer shall not dismiss, suspend or lay off an employee
who is a reservist, or refuse to employ a person who is a reservist,
for the sole reason that the employee or the person is a reservist.
44.031(3) An employer shall, upon the request of an employee who is a reservist,
grant the employee a leave of absence without pay of up to eighteen
months for the purpose of service if,
(a) in the case of a first leave of
absence, the employee has been in the employ of the employer for at
least six months, or
(b) in the case of a second or subsequent
leave of absence, at least twelve months have elapsed since the date
the employee returned to work from the most recent leave of absence
granted under this section.
44.031(4) An employee intending to take a leave of absence under this section
shall give the employer notice that is reasonable under the circumstances
of the employee’s intention to take the leave, the anticipated
commencement date of the leave and the expected date of return to
work.
44.031(5) An employer may require that the notice
under subsection (4) be in writing.
44.031(6) An employer may require the employee to provide the employer
with a certificate from an official with the Reserves stating
(a) that the employee is a reservist
and is required for service, and
(b) if possible, the expected start
and end dates for the period of service.
44.031(7) If the dates mentioned in the notice under subsection (4) change
owing to circumstances beyond the control of the employee, the employee
shall advise the employer of the change.
44.031(8) An employee on a leave of absence under this section shall give
the employer reasonable notice of the expected date of return to work.
44.031(9) An employer may defer the employee’s return to work by
up to two weeks after receiving the notice under subsection (8) if
the notice is not reasonable.
44.031(10) Where an employee reports for work upon the expiration of the
period of leave granted under this section, the employer shall permit
the employee to resume work in the position the employee held immediately
before the commencement of the leave or an equivalent position with
no decrease in pay and with no loss of benefits accrued up to the
commencement of the leave.