By Charles Thompson
In the fall 2024 session of the Nova Scotia legislative assembly, the assembly passed the Stronger Workplaces for Nova Scotia Act, which increases the rights and protections for employees who work for provincially regulated businesses in the province. The Stronger Workplaces Act makes several changes, including the following.
Serious Illness Leave
The Stronger Workplaces Act inserts provisions to the Nova Scotia Labour Standards Code to add “serious illness leave” as a new category of unpaid leave. Employees who have worked for their employer for at least 3 months will be entitled to up to a total of 27 weeks unpaid leave (about 6 months) in a 52-week period if they have been diagnosed with a serious illness or injury.
Employers have the right to ask an employee for reasonable information in support of their entitlement to serious illness leave, in a form approved by the Director of Labour Standards. Presumably this will be information about things such as the nature of the illness and prognosis for recovery.
There may be regulations developed in the future that describe what constitutes a “serious illness” and the type of information an employer may request in support of an employee’s request for serious illness leave, but so far the Province has not made any such regulations.
While the requirement to grant unpaid leave for a serious illness or injury may impact some employers, many already grant this type of leave by policy. Also, regardless of the new provisions for serious illness leave, it is arguable that employers are already required to grant an extended period of unpaid leave to sick or injured employees because of their duty to accommodate such workers under the Human Rights Act.
Sick Leave and Family Responsibility Leave
Until now, under the Labour Standards Code employees have only been entitled to 3 days of unpaid leave per year for sick leave (including time to attend medical and dental appointments) and/or to care for a sick family member. The Stronger Workplaces Act amends these provisions to entitle employees to:
- Up to 5 days per year for unpaid sick leave, and
- Up to 3 additional days of unpaid leave to care for a sick family member or to attend medical and dental appointments.
The amendments to the Labour Standards Code adding serious illness leave and for sick leave and family responsibility leave come into effect on January 1, 2025. Employers will have to ensure they comply with the changes and should review their workplace polices and make any changes needed.
This article is for information only and is not intended to be legal advice. If you have any questions or would like further information, you should consult a lawyer.
