Nova Scotia Employment Law

Duration of Annual Leave – Employers must provide employees with annual leave of 2 weeks after each period of 12 months of work and must give the annual leave within 10 months following the 12-month earning period. In their 9th year of service (having completed 8 years), the employee must receive 3 weeks of annual leave.

An employer may in agreement with an employee agree to 2 or more annual leave periods, which shall not exceed the total limit of the annual leave allowed and should include at least 1 week of unbroken period.

Taking of Annual Leave – Employers decide when employees will take their annual leave. Employers must tell employees when their annual leave will begin at least 1 week before it begins. Many employers let their employees choose when to take annual leave time; however, the employer has the final say.

Employees who work full-time must take annual leave time. Employees who work less than 90% of the regular working hours during the 12 months when they earned annual leave can waive their annual leave and just collect their annual leave pay. 

When an employee tells an employer in writing that the employee will give up annual leave time, the employer must pay the employee annual leave pay no later than one month after the date the 12-month earning period ends.

Eligibility: An employee who has worked at any time during a continuous 12-month period with an employer is eligible for annual leave not later than 10 months after the 12-month period ends.

Annual Leave Pay – An eligible employee is entitled to:

• • • 4% of gross wages if the employee has been employed for less than 8 years.
    • 6% of gross wages if the employee has been employed by the same employer for 8 years or longer.

Timing of Annual Leave Pay – Annual Leave pay must be paid:

• • • • At least one day before the employee goes on annual leave, or
      • Included with the employee’s hourly rate on every pay cheque
      • If an employee is terminated the annual leave pay must be received within 1 day of termination.

Overtime and Holiday Pay are included for the purposes of calculating Annual leave Pay.

Annual Leave Upon Termination of Employment – When an employee is terminated, all accrued and unused annual leave needs to be paid out (including partially accrued years) with an amount equal to 4 % or where the employer has been in the employment for a period of more than 8 years, an amount equal to 6% , of the wages of the employee during the time he was employed. 

Annual Leave Coinciding with Public Holiday – If a public holiday falls on an annual leave, the employer shall grant the employee a paid holiday either on –

• • • • • the working day immediately after the public holiday;
        • the day immediately after the annual leave of the employee or grant the employee another day agreed upon by the employee and the employer.

Labour Standards Code § 32 – 35.

Duration of Sick Leave: An employee is entitled to up to 3 working days of unpaid sick leave each calendar year for the sickness of a child, parent, or family member; or for medical, dental, or other similar appointments during working hours.

Medical Certificate: An employer may not require a certificate with respect to an employee’s absence from work due to the employee’s sickness or injury unless –

• • • the absence continues for more than 5 consecutive working days; or
    • the employee has had at least 2 non-consecutive absences of 5 or fewer working days due to sickness or injury in the preceding 12 months.

The limitation applies to sick notes from any “qualified health professional”, including nurses, dentists, pharmacists, physiotherapists or social workers. Labour Standards Code § 60G.

A pregnant employee is entitled to unpaid leave for a duration of 16 weeks preceding the expected date of delivery.  Pregnancy leave ends on such date not sooner than the date of delivery, and not later than 16 weeks after the pregnancy leave began.

An employee before taking pregnancy leave must give the employer at least 4 weeks of notice. The notice should include the date the leave will start and (if the employee plans to return earlier than the maximum leave time) the planned return-to-work date.

If an employee is taking both pregnancy and parental leaves, the employee must take one right after the other, and not go back to work between the two leaves. Labour Standards Code § 59 and 59B.

Leave for end of pregnancy is an unpaid leave of absence for employees who experience an end of pregnancy. End of pregnancy means a pregnancy that does not end in a live birth. 

If an Employee’s Pregnancy Ends

• • • If an employee’s pregnancy ends before completing week 19 of pregnancy, they are entitled to an unpaid leave of absence of up to 5 consecutive working days.
    • If an employee’s pregnancy ends after completing week 19 of pregnancy, they are entitled to an unpaid leave of absence of up to 16 consecutive weeks.
    • If an employee’s pregnancy ends while they are on pregnancy leave, and they have taken more than 10 weeks of pregnancy leave when their pregnancy ends, they are entitled to up to 6 additional weeks of unpaid leave from the day their pregnancy ended.
    • An employee whose pregnancy ends after week 19 of pregnancy and who initially chooses to take the 5-day leave can then decide to take the longer leave entitlement (minus whatever portion of the 5 days they already took). The leave periods must be taken consecutively (the employee cannot return to work between the leave periods). The total leave time for the end of pregnancy cannot be more than 16 weeks, and it cannot be more than 6 weeks if the employee was on pregnancy leave for more than 10 weeks when their pregnancy ended.

If a pregnancy ends, the following people are entitled to up to 5 consecutive working days of unpaid leave:

• • • • the spouse of an individual whose pregnancy ended without a live birth,
      • the former spouse of an individual whose pregnancy ended without a live birth, if they would have been the biological parent,
      • a person who would have become the parent of a child born as a result of the pregnancy through a surrogacy agreement
      • a person who would have become the parent of a child born as a result of the pregnancy under an intended adoption pursuant to the laws of Nova Scotia.

Eligible employees include pregnant employees, employees whose spouses were pregnant, biological parents, intended adoptive parents, and those using surrogacy. An employee shall inform their employer about the leaves as early as possible with the start and the end date.

Notice Requirement: An employee must provide their employer with as much notice as possible of their intention to take the end of pregnancy leave. The notice should include the start and end date of the leave. If the employee begins the leave before they can provide their employer with notice, the employee must advise their employer as soon as reasonably possible of the date the leave began and the end date of the leave. Labour Standards Code § 59.

An employee who becomes the natural parent or adopts a child or children is entitled to unpaid leave for a duration of 77 weeks. In case, a woman employee takes parental leave after the pregnancy leave, she will be entitled to unpaid leave for a duration of 61 weeks. This leave should be taken soon after the pregnancy leave before joining back to work.

If a woman employee does not take pregnancy leave, they will become entitled to parental leave for a duration of 77 weeks which shall start from the date of childbirth/adoption and shall end not later than 18 months from the date of the birth/adoption of the child.

The maximum combined pregnancy leaves and parental leave to which a woman employee is entitled is 77 weeks. In case, where the parental leave has begun and the child is hospitalized for a period exceeding 1 week, in that case, the employee is entitled to return to work and can use the unused portion of the parental leave, after the child is discharged from the hospital. The employee is entitled to only 1 week of such deferred parental leave. Labour Standards Code § 59B – 59E.

Critically ill child care leave is an unpaid leave that allows an employee to take time off work to provide care and support to a critically ill or injured child (under the age of 18 years old) who is a family member (or person like family).

An employee who has been in continuous employment with an employer for at least 3 months is entitled to 37 weeks of unpaid leave to provide care or support to a child if the certified medical practitioner certifies the same.  

An employee must provide a medical certificate to their employer stating from a qualified medical practitioner that the child has a critical illness and the period of time for which the child needs care.

In some circumstances, an employee may need further leave, which may be taken if an additional certificate is issued—the total combined leaves must not be more than 37 weeks in the 52-week time frame.

An employee can choose to return to work if they have stopped providing care to the child. The leave ends at the end of the week in which the employee stops providing care by giving at least 14 days’ notice.

The leave shall end on the last day of the week in which any of the following occurs:

• • • • • • • • • • The child dies;
                  • The number of weeks specified in the medical certificate has been taken;
                  • A 37-week period has been exhausted.

The leave can only be taken in periods of not less than 1 week’s duration and shall be taken within the 52-week period that begins on the first day of the week in which the child became critically ill. Labour Standards Code § 60K – 60Q.

An employee is entitled to unpaid leave for up to 5 consecutive calendar days on the death of a person in a close family relationship. Employees must give their employers as much notice as possible that they will take this leave. Labour Standards Code § 60A.

An employee is entitled to leave for a duration as may be required to perform jury duty or attend as a witness at a place other than the place of employment of the employee. Employees must give their employers as much notice as possible that they will take this leave. Labour Standards Code § 60C.

An employee who has been in continuous employment with an employer for at least 3 months is entitled to 28 weeks of unpaid leave to provide care or support to a person with whom the employee has a close family relationship if a person with whom the employee has a close family relationship has a serious medical condition with a significant risk of death within 26 weeks.

The employee can take up to 28 weeks of unpaid leave over a 52-week time frame. The leave can be broken up into several periods of at least one week in duration during the 52-week time frame. The 52-week time frame begins on the first day of the week in which the leave began.

The employee must give their employer a notice as early as possible before taking the leave. An employer can ask an employee to provide a medical certificate from a medical doctor, stating that the employee’s family member is seriously ill. Labour Standards Code § 60E – 60EA.

An employee who is a member of the Reserves and has been in continuous employment for at least 3 months or a shorter period with an employer, and is required for the purpose of services in the Canadian forces, is entitled to unpaid leave for not more than a period of 24 months in any 60 month period. The employee can take more leave than this if the leave is required as a result of a national emergency under the Emergencies Act (Canada).  

Employees who have taken reservist leave after a deployment-related period of service must rejoin the workforce within 4 weeks of the service’s conclusion. In the case of reservist leave taken for training unrelated to deployment, employees are required to return to work on the first regularly scheduled working day after the training period concludes.

Notice requirement – An employee planning to take reservist leave must provide their employer with a written notice at least 4 weeks in advance. This notice should include the intended start and end dates of the leave and the expected return-to-work date. However, if the Canadian Forces require the employee to participate in a service period with less than four weeks’ notice, the employee should notify their civilian employer as soon as reasonably possible, and it doesn’t necessarily have to be in writing if it’s impractical.

If there are any alterations to the originally anticipated leave dates or the return-to-work date, the employee should promptly inform the employer, preferably in writing when feasible.

Certificate Requirement – An employer can require an employee to provide a certificate from an official with the Reserves confirming that the employee is a member of the Reserves who is required for service and specifying the dates for the period of service. Labour Standards Code § 60H – 60HA.

Employees are entitled to unpaid leave for a duration of the period in which they cannot perform their duties, because of the following reasons:

• • • • • • • • • • A government agency has declared an emergency; or
                  • A medical officer of health has issued a directive or order telling an employee to stay off work; or
                  • The employee needs to care for a family member (or a person like family) who is affected by one of the emergency situations noted above.

Employees are also eligible for the leave if they cannot perform their work because they need to care for a family member who is affected by one of the emergency situations noted above and the employee is the only person who can reasonably care for the family member in the circumstances.

Employees are eligible for the leave for as long as the emergency prevents them from being able to perform their work. For example, if an employee can perform their work remotely, the leave does not apply. Labour Standards Code § 60I.

An employee is eligible for an unpaid leave of 1 day or less at the option of the employee for the purpose of attending the citizenship ceremony and receiving the employee’s certificate of citizenship.

The employee shall give the employer fourteen days’ notice or as much notice as is reasonably practicable of the date of the citizenship ceremony and the time the employee will be away from work to attend the citizenship ceremony. Upon request by the employer, the employee shall provide evidence of the date of the citizenship ceremony. Labour Standards Code § 60J.

Critically ill adult care leave is an unpaid leave that allows an employee to take time off work to provide care and support to a critically ill or injured adult (18 years old or older) who is a family member (or a person like family).

An employee who has been in continuous employment for a period of at least 3 months with an employer is entitled to unpaid leave for a duration of 16 weeks to provide care or support to the critically ill adult.

An employee must provide a medical certificate to their employer stating from a qualified medical practitioner that the adult has a critical illness and the period of time for which the child needs care.

In some circumstances, an employee may need further leave, which may be taken if an additional certificate is issued; the total combined leaves must not be more than 16 weeks in the 52-week time frame.

An employee can choose to return to work if they have stopped providing care to the adult. The leave ends at the end of the week in which the employee stops providing care by giving at least 14 days’ notice.

The leave shall end on the last day of the week in which any of the following occurs–

• • • • • • • • • • The adult dies;
                  • Number of weeks specified in the medical certificate has been taken;
                  • A 16-week period has been exhausted.

The leave can only be taken in periods of not less than 1 week’s duration and shall be taken within the 52-month period that begins on the first day of the week in which the child became critically ill. Labour Standards Code § 60SA – 60SG.

An employee who has been in continuous employment for at least 3 months with an employer and is a parent of a child who dies or disappears as a result of crime is entitled to unpaid leave for a duration of 104 weeks and 52 weeks respectively. The leave shall only be taken during the 104 weeks and 52 weeks timeframe that begins the week when the child is found dead or disappeared and shall be taken in a single period.

In case, the child is found within 52 weeks from the week the disappearance occurred, then the employee is entitled to leave for 14 days after the day on which the child is found alive or 104 weeks of unpaid leave if found dead. In case the child is found dead, any remaining leave granted initially (52 weeks’ timeframe) ends.

If the child is found dead after 52 weeks from the time of disappearance, then the employee is entitled to an unpaid leave of up to 104 weeks from the day the child is found dead. In case the disappearance or the death of the child is not a result of the crime, the employees are eligible for 14 days of unpaid leave unless there is an agreement between the employer and employee on an earlier date of return.

The employee can end the leave early by giving the employer 14 days’ written notice. The employer can ask for reasonable evidence of the death or disappearance of the child and evidence showing it was likely due to a crime. Labour Standards Code § 60T – 60X.

Employees who have been in continuous employment for at least 3 months are entitled to unpaid leave for domestic violence experienced by them or their child below the age of 18. The employee is entitled to – 

• • • 10 days of leave which an employee can take intermittently or consecutively, and
    • up to 16  weeks in one continuous period.

Up to 3 days of the leave must be paid by the employer. To qualify for domestic violence leave, the employee must have worked with the employer for at least three months.

Pay– An employee is entitled to receive pay from their employer for 3 days of paid domestic leave not less than their regular wage for all hours the employee would have worked that day if the leave had not been taken. The employee can choose which of the days are the three paid days by notifying the employer in writing of this. Otherwise, the employer must treat the first three days taken off the leave as paid days.

An employee must inform their employer in writing as soon as possible of their intention to take domestic violence leave and the anticipated start and end date of the leave. The employer may ask the employee to provide a form developed by the Labour Standards Division to support the employee’s entitlement to domestic violence leave.

The employee must give 14 days of notice to their employer if they end their leave earlier. Labour Standards Code § 60Y – 60ZB.

An employee is eligible for consecutive 3 hours paid off from work for the purpose of voting. An employer does not have an obligation to provide time off of work where the required number of consecutive hours falls outside an employee’s hours of work and within the voting hours.