Nunavut Employment Law

Duration of Annual Leave – All employees are entitled to annual leave pay on all wages earned. After the first year of employment, an employee is entitled to a minimum of 2 weeks off work for annual leave. The employer must grant the employee’s annual leave within the next 6 month period following the completed year in which the annual leave was earned. An employee earns a minimum of 2 weeks’ annual leave for each completed year of service and, after 5 completed years of employment, the entitlement increases to a minimum of 3 weeks of annual leave each year.

Annual Leave Pay

• • • • An employee is eligible for 4% of the wages during a year of employment, in the case where he/she is eligible for annual leave for a duration of 2 weeks;
      • An employee is eligible for 6% of the wages during a year of employment, in case where he/she is eligible for annual leave for a duration of 3 weeks;

The employer must pay annual leave pay at least 24 hours prior to the beginning of the employee’s annual leave. Annual leave pay is calculated on regular pay, overtime pay, commission, and bonuses which form part of the employee’s employment agreement, recall pay, termination pay, profit sharing, shift premiums, and statutory holiday pay. All employees are entitled to annual leave pay. Annual leave pay accumulates from the first hour worked.

Timing of Annual Leave – An employer shall provide the annual leave to which the employee is entitled not later than 10 months immediately following the completion of the year of employment, and shall provide at least one day before the beginning of the annual leave or at an earlier prescribed time, annual leave pay to which employee is entitled in respect of that .annual leave.

Pay on Termination of Employment

In case, the employment of the employee terminates before the completion of the employee’s year of employment, the employer shall pay –

• • • • • any annual leave pay due to the employee in respect of any prior completed years of employment, and;
        • 4% of the wages of the employee during the completed portion of their year of employment where the employee is entitled to 2 weeks annual leave and 6% of the wages of the employee during the completed portion of his/her year of employment where the employee is entitled to 3 weeks annual leave.

Annual Leave coinciding with Public Holiday – Where a general holiday falls on a non-working day for an employee, an employer shall – 

• • • Pay the employee for the general holiday with annual leave pay, or;
    • Provide the employee a holiday with annual leave pay at a later time as per the agreement between the employee and the employer, that is not later than the next annual leave of the employee or the termination of their employment, whichever occurs first.

Double regular rate of wages – An employee who works on a non-working day that falls in the same week in which the public holiday occurs, the employee shall be entitled to double their regular wages for the time worked by the employee on that day. Labour Standards Act, § 15 – 21.

An employee is entitled to pregnancy leave of 17 consecutive weeks commencing at any time during the 17-week period immediately preceding the estimated date of delivery. An employee is entitled to pregnancy leave without pay – 

• • • when the employee has been employed by an employer for the prescribed length of time;  
    • submits to the employer a written request for pregnancy leave at least 4 weeks before the day on which the employee intends to commence the leave; and
    • If so requested by the employer, provide the employer with a medical certificate stating that the employee is pregnant and stating the estimated date of delivery.

Extension of Leave – In cases where the actual date of delivery is after the estimated date of delivery, an employee is entitled to an extension in the pregnancy leave without pay, not exceeding the period between the estimated date of delivery and the actual date of delivery and, in any case, shall not exceed 6 consecutive weeks.

If an employee does not request pregnancy leave defined above, but who has been employed by an employer for the prescribed length of time is entitled to pregnancy leave where – 

• • • • due to a medical condition arising from the employee’s pregnancy, the employee is unable to give the required notice; 
      • and within two weeks after the employee ceases to work, the employee provides her employer with a medical certificate stating that the employee was not able to perform the duties of their employment because of a medical condition arising from the employee’s pregnancy with the estimated dates of delivery and date of actual delivery, from qualified medical practitioner or nurse. 

Leave after Delivery – If an employee, who meets the required employment duration, doesn’t request pregnancy leave four weeks prior to its start, they are eligible for 6 consecutive weeks of unpaid pregnancy leave provided they submit a medical certificate stating that the employee has given birth on a specified day.

Continuation of leave – The employee shall continue the pregnancy leave until the government authority is satisfied that the employee is able to perform her duties or The pregnancy is terminated. Labour Standards Act, § 30 – 33.

Entitlement to Parental Leave – An employee is entitled to unpaid parental leave of 37 consecutive weeks where the employee:

• • • • • • Has been employed by an employer for the prescribed amount of time;
          • Submits to the employer a written request for parental leave at least 4 weeks before the day on which the employee intends to commence the leave; and
          • Will remain at home to care for a new-born child of the employee or a child who the employee has recently adopted or with respect to whom the employee has commenced adoption proceedings.

More than One Child – Where an employee has adopted more than one child or has commenced adoption proceedings with respect to more than one child and the children arrived at the employee’s home at the same time or substantially the same time, the children are considered to be a single child for the case of parental leave.

Period during which Leave must be taken – Parental leave must be taken within the period commencing on the day of birth of the newborn child or the day on which the child arrives at the employee’s home, as the case may be, and ending 1 year after that day. The same applies in case an employee plans to adopt more than one child and they arrive at the employee’s home around the same time.

Parental Leave following Pregnancy Leave – Where an employee takes parental leave in addition to pregnancy leave, the employee must commence the parental leave immediately on the expiration of the pregnancy leave or on the day the child arrives at the employee’s home, unless another agreement exists between the employee and the employer.

Maximum Combined Leave – The maximum period of combined pregnancy and parental leave to which an employee is entitled is 52 weeks.  

Entitlement to an Extension of Parental Leave – An employee is entitled to extend parental leave up to 37 consecutive weeks if the employee submits to the employer a written request for extended parental leave at least 4 weeks before the day on which the employee’s initial parental leave would otherwise expire.

Entitlement to further parental leave – If an employee’s parental leave has expired on the day on which this law comes into force or will expire less than 8 weeks after, the employee is entitled to further parental leave up to 25 consecutive weeks if the employee submits to the employer a written request for further parental leave no later than four weeks after this section comes into force and at least four weeks before the day on which the employee intends to re-commence the leave, unless the employee and employer otherwise agree.

Period during which Leave must be taken – Parental leave does not entitle an employee to continue to leave after the expiry of 1 year after the day of birth of the newborn child or the day on which the child is placed with the employee for the purposes of adoption, as the case may be. Labour Standards Act, § 34 – 39.

An employee is entitled to unpaid leave up to 8 weeks to provide care or support to a family member of the employee, if a qualified medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from:

• • • • • • The day the certificate is issued; or
          • If the leave was commenced before the certificate was issued, the day the leave was commenced. 

Period when Leave may be taken

The leave shall only be taken during the period that starts with:

• • • • • • • The first day of the week in which the certificate is issued, or
            • 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

Ends with the last day of the week in which either of the following occurs:

• • • • • • • • The family member dies, or
              • The expiration of 26 weeks following the first day of the week of commencement of the leave.

Shorter Period 

In case, a shorter period than 26 weeks is prescribed:

• • • • • • • • • The certificate must state that the family member has a serious medical condition with a significant      risk of death within that period; and
                • That shorter period applies following the first day of the week of commencement of the leave.

Expiration of a Shorter Period

When a shorter period has expired in respect of a family member, no further leave may be taken under in respect of that family member until the minimum period of 26 weeks period has elapsed.

Minimum Period of Leave – A leave of absence shall only be taken in periods of not less than one week’s duration.

Aggregate Leave – The aggregate amount of leave that may be taken by two or more employees in respect of the care or support of the same family member shall not exceed 8 8-week periods. If requested in writing by the employer within 15 days after an employee’s return to work, the employee must provide the employer with a copy of the certificate.

Note: “Week” means the period between midnight on Saturday and midnight on the immediately following Saturday. Labour Standards Act, § 39.1 – 39.8.

An employee who has been in the employment of the same employer and is a member of the reserve force is entitled to unpaid leave for the duration of service as may be required in the forces.

Notice requirement: An employee who intends to take reservist leave shall give his or her employer at least 4 weeks’ notice in writing of their intention to take the period of leave, or if it is not reasonable in the circumstances to give 4 weeks notice, the employee shall give their employer notice at the earliest reasonable opportunity.

The notice required must give the date on which the leave will begin and the anticipated date on which the leave will end. Where the date on which an employee anticipates their leave will end changes, the employee shall provide notice to the employer of the new end date at the earliest reasonable opportunity. 

Exception during an Emergency Situation – An employee shall not be denied such leave during an emergency situation only because that employee has not been employed for a sufficient amount of time or has not provided sufficient notice. Labour Standards Act, § 39.9 – 39.13.

An employee is eligible for consecutive 2 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.

Every employee is entitled to an unpaid leave of absence from employment under public emergency leave.

Both the employer and employee must adhere to all regulations specified by the Labor Authority concerning emergencies. These regulations encompass details such as the commencement and conclusion of the emergency, eligibility criteria, and the duration of emergency leave. The emergency leave can be taken under the following conditions only:

• • • states of emergency declared in all or part of Nunavut under;
    • states of local emergency declared in all or part of a community;
    • states of public health emergency declared in all or part of Nunavut
    • public welfare emergencies, public order emergencies, international emergencies or war emergencies declared under the Emergencies Act (Canada);
    • orders made under the Public Health Act;
    • orders made under section 58 of the Quarantine Act.

Labour Standards Act, § 39.14-39.16.

An employee is entitled to family abuse leave if the employee experiences family abuse and the leave of absence is taken for one or more of the following purposes related to the family abuse:

• • • • to seek or obtain medical attention in respect of a physical or psychological injury or disability;
      • to seek or obtain services from a victim services organization;
      • to seek or obtain psychological or other professional counseling;
      • to seek or obtain Elder counseling;
      • to seek or obtain legal or law enforcement assistance, including preparing for or participating in a civil or criminal legal proceeding;
      • to relocate temporarily or permanently;
      • any other purpose prescribed by regulation

Duration of Leave – An employee who has completed 1 month of continuous employment with the same employer, the employee is entitled to take in each calendar year, both-

• • • • • up to 5 days of unpaid family abuse leave; and
        • up to 15 weeks of unpaid family abuse leave.

If an employee has completed 3 months of continuous employment with the same employer, the employee is entitled to take up to 5 days of paid family abuse leave in each calendar year in addition to the employee’s entitlements.

Leave deemed to be taken in entire weeks –  If an employee takes any part of a week as family abuse leave (incase of 15 weeks of leave), the employer may deem the employee to have taken one full week of family abuse leave. 

Pay – If an employee takes a paid full or partial day of family abuse leave, the employer shall pay the employee in accordance with the regulations. 

Notice requirement: An employee who takes the family abuse leave shall give reasonable notice as early as possible. An employer may require an employee to provide the employer with reasonable verification with respect to the family abuse leave.