BILL 7
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1 Section 44.031 of the Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is repealed and the following is substituted:
44.031(1) The following definitions apply in this section.
“annual training” means the training referred to in paragraph 9.04(2) of the Queen’s Regulations and Orders for the Canadian Forces (Canada), and includes the period of time required for travel to attend that training. (instruction annuelle)
“Reserves” means the component of the Canadian Forces referred to in the National Defence Act (Canada) as the reserve force. (Réserve)
“service” means (service)
(a) deployment to a Canadian Forces operation, inside or outside Canada, or engagement, inside or outside Canada, in a pre-deployment or post-deployment activity required by the Canadian Forces in connection with such an operation, and
(b) a period of time for treatment, recovery or rehabilitation in respect of a physical or mental health problem that results from an activity referred to in paragraph (a).
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) On the request of an employee who is a reservist, an employer shall grant the employee a leave of absence without pay of up to 18 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 12 months have elapsed since the date the employee returned to work from the most recent leave of absence granted under this subsection.
44.031(4) On the request of an employee who is a reservist, an employer shall grant the employee a leave of absence without pay for a continuous period of up to 30 days in a calendar year, for the purpose of annual training, if the employee has been in the employ of the employer for at least six months.
44.031(5) An employee who intends to take a leave of absence under subsection (3) or (4) shall give written notice to the employer of his or her intention
(a) at least four weeks prior to the anticipated commencement date of the leave, or
(b) if the employee receives notice of the service or annual training for which the leave of absence is requested less than four weeks before the commencement date of that service or annual training, as soon as practicable after the employee receives the notice.
44.031(6) A notice under subsection (5) shall include the anticipated commencement date of the leave of absence and the employee’s expected date of return to work.
44.031(7) 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
(i) is selected for service, or
(ii) is required to attend annual training, and
(b) if possible, the expected start and end dates for the period of service or annual training.
44.031(8) Subject to subsections (9) and (11), if circumstances beyond the employee’s control require a change in the dates specified in a notice under subsection (5), the employee shall advise the employer of the change.
44.031(9) Subject to subsection (10), if circumstances beyond the employee’s control require a leave of absence under subsection (3) to be extended beyond the date specified in a notice under subsection (5), the employee shall provide a notice to the employer in accordance with subsection (11) and the employer shall grant the employee an extension.
44.031(10) An employer is not required to extend an employee’s leave of absence beyond the date that would result in the employee’s total period of leave of absence exceeding 18 months from the commencement date of that leave.
44.031(11) An employee who amends the expected date of return to work specified in a notice under subsection (5) shall give written notice to the employer of the amended expected date
(a) at least four weeks prior to the amended expected date of return to work, or
(b) if the employee receives notice of the requirement to amend the expected return to work date less than four weeks before that date, as soon as practicable after the employee receives the notice.
44.031(12) Subject to subsection (13), if an employee gives notice of an amended expected date of return to work that is not in accordance with subsection (11), the employer may postpone the employee’s date of return to work by up to two weeks after the date on which the employee gives the notice to the employer.
44.031(13) An employer shall not postpone an employee’s date of return to work under subsection (12) if the postponement would result in a return to work date that is earlier than the amended expected return to work date of the employee.
44.031(14) When an employee reports for work on 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.
44.031(15) An employer who receives a request to grant or extend a leave of absence under this section may apply to the Director to be exempted from the application of this section if granting the leave or the extension
(a) would adversely affect the health or safety of the workplace or the public, or
(b) would cause the employer undue hardship.
44.031(16) The Director may grant an application made under subsection (15) if he or she is satisfied that the conditions of that subsection are met.
44.031(17) Instead of deciding an application made under subsection (15), the Director may refer the application to the Board.
44.031(18) A person affected by a decision of the Director with respect to an application made under subsection (15) may make a written request to the Director, within ten days after notice of the decision, to refer the matter to the Board.
44.031(19) Within ten days after receiving a request under subsection (18), the Director shall refer the matter to the Board.
44.031(20) A matter referred to the Board under subsection (17) or (19) shall be disposed of in accordance with section 68.
2 Subsection 68(1) of the Act is amended by striking out “section 8” and substituting “section 8 or 44.031”.
3 Subsection 69(2) of the Act is amended by striking out “section 8” and substituting “section 8 or 44.031”.