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 The Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is amended by adding after section 44.03 the following:
Leave for reservists
44.031(1) In this section
“Reserves” means the component of the Canadian Forces referred to in the National Defence Act (Canada) as the reserve force;
“reservist” means a reservist on Class “C” Reserve Service within the meaning of article 9.08 of the Queen’s Regulations and Orders for the Canadian Forces (Canada);
“service” means active duty or training in the Reserves.
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) An employer shall, upon the request of an employee who is a reservist, grant the employee a leave of absence without pay of up to eighteen 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 twelve months have elapsed since the date the employee returned to work from the most recent leave of absence granted under this section.
44.031(4) An employee intending to take a leave of absence under this section shall give the employer notice that is reasonable under the circumstances of the employee’s intention to take the leave, the anticipated commencement date of the leave and the expected date of return to work.
44.031(5) An employer may require that the notice under subsection (4) be in writing.
44.031(6) 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 is required for service, and
(b)  if possible, the expected start and end dates for the period of service.
44.031(7) If the dates mentioned in the notice under subsection (4) change owing to circumstances beyond the control of the employee, the employee shall advise the employer of the change.
44.031(8) An employee on a leave of absence under this section shall give the employer reasonable notice of the expected date of return to work.
44.031(9) An employer may defer the employee’s return to work by up to two weeks after receiving the notice under subsection (8) if the notice is not reasonable.
44.031(10) Where an employee reports for work upon 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.
Section 1
New provisions.