On December 4, 2024, the following bills amending Newfoundland and Labrador’s Labour Standards Act (LSA) received Royal Assent and became effective:

1. Bill 82 – An Act to Amend the Labour Standards Act (Bill 82)
2. Bill 101 - An Act to Amend the Labour Standards Act No. 2 (Bill 101)

Bill 82

Reservist Leave

Bill 82 amends the LSA’s Reservist Leave provisions to provide:

• The definition of “service” is expanded to include Canadian Forces military skills training (rather than training required for imminent deployment or deployment only).
• An employee must be employed by the same employer in civilian employment for a period of three months, a reduction from the prior six-month requirement.
• An employee who is a member of the reserves may take up to 24 months of unpaid leave within a 60-month period; however, these limits do not apply to leave taken as a result of a national emergency.
• An employee who wishes to take a period of Reservist Leave must give their employer at least 30 days’ notice in writing of their intention to take the period of leave, a reduction from the priors 60 days’ requirement.
• Where the anticipated end date of an employee's service changes, the employee must notify the employer as soon as practicable and must, within at least four weeks, provide written notice to the employer of the new end date, an increase from the prior requirement of at least two weeks.
• Where an employee fails to give their employer written notice of their new end date within at least four weeks, the employer is entitled to defer the date of re-employment for up to four weeks after the day the employee informs the employer of the new end date, an increase from the prior entitlement of at least two weeks.

Long-Term Sick Leave and Organ Donation Leave

Bill 82 introduces a new statutory leave under the LSA for Long-Term Illness, Long-Term Injury, and Organ Donation. 

27-Week Unpaid Leave

This leave entitles an employee who has been employed with the same employer for a continuous period of 30 days to an unpaid leave of up to 27 weeks in a 52-week period to receive extended medical care or to recover from a long-term illness, a long-term injury, or an organ donation. 

To be eligible for this leave, a medical practitioner or nurse practitioner must issue a certificate stating:

• the employee requires extended medical care or recovery time in relation to a long-term illness, a long-term injury, or an organ donation; and
• the start date and the estimated end date of the required leave.  

Long-Term Sick Leave as a Result of a Criminal Offence  

Bill 82 also provides for extended leave for Long-Term Sick Leave as a result of a criminal offence.

104-Week Unpaid Leave

This leave entitles an employee who has been employed with the same employer for a continuous period of 30 days to up to 104 weeks’ unpaid leave in a 104-week period.

To be eligible for this leave:

• a medical practitioner or nurse practitioner must issue a certificate stating:
  
  • the employee requires extended medical care or recovery time in relation to a long-term illness or long-term injury; and
  • the start date and the estimated end date of the required leave;
• the employee must also provide proof satisfactory to the employer that they suffer from a long-term injury or long-term illness as a result of a criminal offence; and
• the employee must not have been a party to the criminal offence or have contributed to the injury or illness by gross negligence.

An employee who intends to take one of these leaves must give their employer written notice at least two weeks before the leave begins, unless there is a valid reason why such notice cannot be given.

An employer must not dismiss an employee because they intend to take, apply for, or take one of these leaves; the employee must be reinstated on terms and conditions no less beneficial than those that subsisted before their leave began. If an employee is dismissed in such circumstances, the onus is on the employer to prove that the dismissal is unrelated to the employee’s leave. 

Bill 101

Under the LSA, employees are eligible for up to seven days’ unpaid sick leave or family responsibility leave in a year. Bill 101 amends the LSA by repealing the requirement that an employee provide their employer with a medical certificate from a medical practitioner or nurse practitioner to substantiate a period of three or more consecutive days of statutory sick leave.

Bottom Line for Employers

Employers in Newfoundland and Labrador are encouraged to review and amend their workplace policies and procedures to ensure they are aligned with the changes made by Bills 82 and 101.  This is particularly urgent because they became effective on December 4, 2024.