Bill 44 - An Act to Amend the Employment Standards Act

BILL 44

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 Subsection 43(1) of the Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is amended by striking out “eleven weeks” and substituting “thirteen weeks”.

2 Section 44.02 of the Act is amended

(a) in subsection (2) in the portion following paragraph (b) by striking out “thirty-seven consecutive weeks” and substituting “sixty-two consecutive weeks”;

(b) in subsection (8) by striking out “fifty-two weeks” and substituting “seventy-eight weeks”;

(d) in subsection (12.2) by striking out “fifty-two weeks” and substituting “seventy-eight weeks”.

3 The Act is amended by repealing the heading “CRITICAL ILLNESS LEAVE” following section 44.024 and substituting the following:

CRITICALLY ILL CHILD LEAVE

4 Section 44.025 of the Act is amended

(a) in subsection (1)

( i) by repealing the definition “parent”;

( ii) by adding the following definition in alphabetical order:

“family member” means a family member as defined in the Employment Insurance Regulations under the Employment Insurance Act (Canada). (membre de la famille)

(b) in subsection (2)

( i) in the portion preceding paragraph (a) by striking out “an employee who is the parent” and substituting “an employee who is the parent or other family member”;

( ii) in paragraph (a) by striking out “his or her parents” and substituting “his or her parents or other family members”;

(c) in subsection (4) in the portion preceding paragraph (a) by striking out “If both parents” and substituting “If both parents or other family members”.

5 The Act is amended by adding after section 44.025 the following:

CRITICALLY ILL ADULT LEAVE

Critically ill adult leave

44.0251( 1) The following definitions apply in this section.

“critically ill adult” means a person who is 18 years or older on the day on which a qualified medical practitioner certifies that the person’s baseline state of health has significantly changed and whose life is at risk as a result of an illness or injury. (adulte gravement malade)

“family member” means a family member as defined in the Employment Insurance Regulations under the Employment Insurance Act (Canada). (membre de la famille)

“qualified medical practitioner” means a person who is entitled to practise medicine under the laws of a jurisdiction in which care or treatment of a critically ill adult is provided. (médecin qualifié)

“week” means the period between midnight on Saturday and midnight on the immediately following Saturday. (semaine)

44.0251( 2) Subject to subsections (3) to (8), on the request of an employee who is the parent or other family member of a critically ill adult, an employer shall grant the employee a leave of absence without pay of up to 16 weeks to provide care or support to that critically ill adult if a qualified medical practitioner has issued a certificate that

(a) states that the adult is a critically ill adult and requires the care or support of one or more of his or her parents or other family members, and

(b) sets out the period during which the adult requires that care or support.

44.0251( 3) The leave of absence may be taken only during the period

(a) that starts with the first day of the week in which either of the following occurs:

( i) the day on which the first certificate in respect of the critically ill adult that meets the requirements of subsection (2) is issued; or

( ii) if the leave is commenced before the certificate is issued, the date from which the qualified medical practitioner certifies that the adult is a critically ill adult; and

(b) that ends with the last day of the week in which either of the following occurs first:

( i) the adult dies; or

( ii) the expiration of 16 weeks following the first day of the week referred to in paragraph (a).

44.0251( 4) If both parents or other family members of a critically ill adult are employees of the same employer, the aggregate amount of leave that may be taken under subsection (2) for the care or support of the same critically ill adult shall not exceed 16 weeks and may

(a) be taken wholly by one of the employees, or

(b) be shared by the employees.

44.0251( 5) An employee intending to take a leave of absence under subsection (2) shall advise the employer in writing as soon as possible of the employee’s intention to take the leave, the anticipated commencement date of the leave, the anticipated duration of the leave and shall provide the employer with the certificate referred to in subsection (2).

44.0251( 6) If circumstances beyond the control of the employee require a change in the duration of the leave of absence, the employee shall advise the employer in writing of the change as soon as possible.

44.0251( 7) 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 16 weeks from the commencement date of that leave.

44.0251( 8) When an employee reports for work on the expiration of the period of leave granted under subsection (2), 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.

6 The Act is amended by adding after section 44.026 the following:

DOMESTIC VIOLENCE LEAVE, INTIMATE PARTNER VIOLENCE LEAVE OR SEXUAL VIOLENCE LEAVE

Domestic violence leave or intimate partner violence leave

44.027( 1) Subject to this section, on the request of an employee, an employer shall grant the employee a domestic violence leave, an intimate partner violence leave or a sexual violence leave in accordance with the regulations.

44.027( 2) An employee intending to take a leave of absence under this section shall advise the employer in writing as soon as possible of the employee’s intention to take the leave, the anticipated commencement date of the leave and the anticipated duration of the leave.

44.027( 3) If circumstances beyond the control of the employee require a change in the duration of the leave of absence, the employee shall advise the employer in writing of the change as soon as possible.

7 Section 85 of the Act is amended

(a) by repealing the portion preceding paragraph (a) in the English version and substituting the following:

85 The Lieutenant-Governor in Council may make regulations concerning any matter for the effectual working of this Act and, without limiting the generality of the foregoing, may make regulations

(b) in paragraph (a) of the English version by striking out “prohibit” and substituting “prohibiting”;

(d) by adding after paragraph (b) the following:

(b.1) respecting a domestic violence leave, an intimate partner violence leave or a sexual violence leave under section 44.027, including

( i) whether the leave or any part of the leave of absence may be taken as paid or unpaid leave, or any combination of them, and, if the leave or any part of the leave of absence is paid leave, the rate of pay the employee is to be paid by the employer during the leave;

( ii) the purposes for which the domestic violence leave, the intimate partner violence leave or the sexual violence leave may be taken;

( iii) the duration of the domestic violence leave, the intimate partner violence leave or the sexual violence leave;

( iv) the verification that an employee is required to provide to an employer, if any, including the types of documentation that are acceptable, what information the documentation must contain and when the documentation must be provided;

( v) the confidentiality, the disclosure or the sharing of the documentation or other material that an employee is required to provide an employer with respect to the domestic violence leave, the intimate partner violence leave or the sexual violence leave and the procedure to be followed in consideration of the documentation or other material; and

( vi) determining any other domestic violence leave, intimate partner violence leave or sexual violence leave entitlements not referred to in subparagraph (i) to (v);

(b.2) defining any word or phrase used but not defined in this Act;

(e) in paragraph (c) of the English version by striking out “establish” and substituting “establishing”;

(f) in paragraph (d) of the English version by striking out “require” and substituting “requiring”;

(g) in paragraph (e) of the English version by striking out “prescribe” and substituting “prescribing”;

(h) in paragraph (e.1) of the English version by striking out “prescribe” and substituting “prescribing”;

(i) in paragraph (f) of the English version by striking out “prescribe” and substituting “prescribing”;

(j) in paragraph (g) of the English version by striking out “prescribe” and substituting “prescribing”;

(k) in paragraph (h) of the English version by striking out “provide” and substituting “providing”.

Commencement

8 Sections 6 and 7 of this Act come into force on a day or days to be fixed by proclamation.

Chapter Outline Update

Strike out section 44.025 and substitute the following:

Critically ill child leave44.025