Legislative Assembly of New Brunswick
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An Act to Amend the Employment Standards Act

Legislature :
55
Session :
1
Bill No. :
8
Member :
Hon. Mrs. Blaney
First Reading :
2003-12-9
Second Reading :
2003-12-10
Committee of the Whole :
2003-12-18
Amended :
2003-12-18
Third Reading :
2003-12-19
Royal Assent :
2003-12-19
Download PDF :
Bill 8
Note :
See amendment at the end of the text of the Bill.

Text of Bill :
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 44.023 the following:



COMPASSIONATE CARE LEAVE

44.024(1)    In this section



"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 person with whom the employee has a close family relationship is provided;



"week" means the period between midnight on Saturday and midnight on the immediately following Saturday.



44.024(2)                              Subject to subsections (3) to (6), an employer shall, upon the request of an employee, grant the employee a leave of absence from employment of up to eight weeks to provide care or support to a person with whom the employee has a close family relationship, if a qualified medical practitioner issues a certificate stating that the person with whom the employee has a close family relationship has a serious medical condition with a significant risk of death within twenty-six weeks from



(a)             the day the certificate is issued, or



(b)               if the leave was commenced before the certificate was issued, the day the leave was commenced.



44.024(3)    The leave of absence may only be taken during the period



(a)               that starts with



(i)         the first day of the week in which the certificate is issued, or



(ii)       if the leave was commenced before the certificate was issued, the first day of the week in which the leave was commenced if the certificate is valid from any day in that week, and



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



(i)         the person with whom the employee has a close family relationship dies; or



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



44.024(4)    A leave of absence under this section may only be taken in periods of at least one week's duration.



44.024(5)    The aggregate amount of leave that may be taken by two or more employees under this section for the care or support of the same person with whom the employee has a close family relationship shall not exceed eight weeks in the period referred to in subsection (3).



44.024(6)    An employee shall provide the employer with a copy of the certificate referred to in subsection (2), if the employer requests this in writing within fifteen days after an employee's return to work.



44.024(7)    An employee intending to take a leave of absence under this section shall advise the employer as soon as possible of the employee's intention to take the leave, the anticipated commencement date of the leave, and, subject to subsection (2), the anticipated duration of the leave.



2                           This Act comes into force on January 4, 2004.



EXPLANATORY NOTES



Section 1



New provision.



Section 2



Commencement date.

 

Amendment : In subsection 44.024(2) add "without pay" after "leave of absence".


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