Protected Leaves of Absence

The labour movement has historically played a pivotal role to ensure that workers have the right to time off from work, both paid and unpaid. The advocacy work of unions has led to the inclusion of many different types of leaves from work in collective agreements, as well as in legislation. Most importantly, the right to take a leave of absence allows workers to adapt to sometimes unpredictable circumstances without worrying about job loss.

As of January 1, 2019, the Government of Nova Scotia updated the Labour Standards Code to expand the list of available leaves for Nova Scotians. These leaves of absence are known as “Protected Leaves”. During a Protected Leave, employers are required to allow workers to maintain any benefit plan that they are enrolled in (at the employee’s expense) as well as ensure that the employee can return to the same position that they were on leave from. There is also a requirement that employers keep all information related to the Protected Leave confidential, since many of these leaves involve sensitive personal information.

The following is a list of Protected Leaves that all employees are eligible for: Pregnancy and Parental Leaves, Reservists Leave, Compassionate Care Leave, Critically Ill Child Leave, Critically Ill Adult Leave, Domestic Violence Leave, Crime-related Child Death or Disappearance Leave, Emergency Leave, Bereavement Leave, Court Leave, and Citizenship Ceremony Leave. It is important to note that these leaves are available to both unionized and non-unionized employees. If a collective agreement provides for better leave provisions, the superior benefit would apply. Also, thanks to the advocacy work of organizations like the NSNU, employers are required to pay for a certain number of days off, as in the case of Domestic Violence Leave.

For more information on taking a leave of absence from work, check your collective agreement, or contact your Labour Relations Representative. Further information regarding each type of leave is also available under Employment Rights on the Department of Labour and Advanced Education’s website.