BILL 26
An Act to Amend the
Employment Standards Act
His 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 44.028 the following:
LONG-TERM ILLNESS AND INJURY LEAVE
Long-term illness and injury leave
44.029( 1) In this section, “week” means the period between midnight on Saturday and midnight on the immediately following Saturday.
44.029( 2) Subject to this section, an employer shall, on the request of an employee, grant the employee a leave of absence without pay from employment of up to 27 weeks during any 52-week period for long-term illness and injury leave if the employee has been in the employ of the employer for more than 90 continuous days.
44.029( 3) An employee intending to take a leave of absence under this section shall advise the employer without delay of the employee’s intention to take the leave, the anticipated commencement date of the leave and the anticipated duration of the leave.
44.029( 4) If an employee takes the leave of absence to which the employee is entitled under subsection (2) over multiple periods, the employee shall advise the employer in accordance with subsection (3) for each period of leave the employee intends to take.
44.029( 5) A leave of absence under this section may only be taken in periods of at least one week’s duration.
44.029( 6) A leave of absence under this section begins on the first day of the week in which the employee became incapable of working due to illness or injury.
44.029( 7) An employer may require the employee to provide the employer with a certificate of a medical practitioner, nurse practitioner or midwife certifying that the employee is incapable of working due to illness or injury.
44.029( 8) When an employee reports for work at the end 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.
44.029( 9) The duties of an employer under this section are in addition to and do not derogate from the duties of an employer under section 42.3 or 42.4 of the Workers’ Compensation Act.