On November 5, 2024, the Newfoundland and Labrador government introduced Bill 82, amending the Labour Standards Act (LSA) to provide unpaid leave for long-term illness, injury, and organ donation and to align unpaid leave provisions for reservists with other jurisdictions.
Unpaid Leave for Long-Term Illness, Injury, and Organ Donation
The amendment grants employees up to 27 weeks of unpaid leave within a year to manage long-term illness, injury, or organ donation and allows them to claim Employment Insurance sickness benefits for up to 26 weeks. If the illness or injury results from a criminal offence, employees may take up to 104 weeks of unpaid leave over two years.
For eligibility, employees must be with the same employer for at least 30 days and provide a medical certificate indicating their need for extended care or recovery. The certificate should specify the type of condition (illness, injury, or organ donation) and the estimated start and end dates of the leave.
Employees can take leave in increments of at least two weeks; any partial week of return counts as a full week. After completing 27 weeks of leave within a year, employees must wait at least six months before applying for additional leave.
Upon returning, employees are reinstated with the same or better terms as before the leave. Although the leave period does not contribute to the accumulation of rights or benefits under the LSA, the employee’s work history remains continuous.
Reservist Leave Amendments
The amendments also enhance reservist leave, allowing employees serving in the Canadian Forces up to 24 months of unpaid leave over five years. This leave covers time spent on training, deployment, or recovery from service-related health issues. For national emergencies, leave duration can be extended as needed.
Reservists must provide at least 30 days written notice to their employer when requesting leave, along with notice of any changes to their anticipated end date. If an employee fails to notify the employer of an end date change within the required timeframe, the employer may delay re-employment by up to four weeks.
The National Payroll Institute will monitor the progress of this Bill and inform its members accordingly.