11. Pregnancy / Parental / Compassionate Care

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PREGNANCY / PARENTAL / COMPASSIONATE CARE

THE FOLLOWING IDENTIFIES THE JOB PROTECTION RIGHTS OF EMPLOYEES WHO MEET THE CONDITIONS FOR PREGNANCY, PARENTAL AND COMPASSIONATE CARE LEAVE:

 

LEAVE ENTITLEMENTS

 

PREGNANCY – EMPLOYEES ARE ENTITLED TO SEVENTEEN CONSECUTIVE WEEKS OF UNPAID LEAVE, COMMENCING AT ANY TIME DURING THE SEVENTEEN WEEK PERIOD IMMEDIATELY PRECEDING THE ESTIMATED DATE OF DELIVERY. IF THE ACTUAL DATE OF DELIVERY IS AFTER THE ESTIMATED DATE OF DELIVERY, AN EMPLOYER IS ENTITLED AT THE REQUEST OF THE EMPLOYEE, TO EXTEND THE PREGNANCY LEAVE FOR A FURTHER PERIOD NOT EXCEEDING SIX WEEKS. IT IS ALSO NOTED THAT ELIGIBLE EMPLOYEES ARE ENTITLED TO THE FULL PERIOD OF LEAVE IF THEY DO NOT GIVE THE REQUIRED NOTICE BECAUSE OF MEDICAL REASONS RELATED TO THE PREGNANCY.

 

PARENTAL LEAVE – AN EMPLOYEE IS ENTITLED TO THIRTY-SEVEN CONSECUTIVE WEEKS OF UNPAID LEAVE. THE LEAVE, WHETHER NATURAL OR ADOPTIVE, 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 ONE YEAR AFTER THAT DATE. BOTH PARENTS ARE ELIGIBLE FOR PARENTAL LEAVE.

 

ELIGIBILITY REQUIREMENTS – AN EMPLOYEE MUST BE EMPLOYED BY AN EMPLOYER FOR TWELVE CONSECUTIVE MONTHS. THE EMPLOYEE MUST REQUEST IN WRITING AT LEAST FOUR WEEKS BEFORE THE INTENDED COMMENCEMENT OF THE LEAVE AND, IN THE CASE OF PREGNANCY LEAVE, PROVIDE A MEDICAL CERTIFICATE IF SO REQUESTED BY THE EMPLOYER.

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PREGNANCY / PARENTAL / COMPASSIONATE CARE

 

SPECIAL PROVISIONS

  • WHERE AN EMPLOYEE HAS TAKEN 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 THE EMPLOYEE AND THE EMPLOYER AGREE OTHERWISE.

  • AN EMPLOYEE IS ENTITLED TO A MAXIMUM OF FIFTY-TWO WEEKS OF COMBINED PREGNANCY AND PARENTAL LEAVE.

 

COMPASSIONATE CARE – EVERY EMPLOYEE IS ENTITLED TO AND SHALL BE GRANTED A LEAVE OF ABSENCE FROM EMPLOYMENT FOR UP TO EIGHT WEEKS TO PROVIDE CARE OR SUPPORT TO A FAMILY MEMBER IF A QUALIFIED MEDICAL PRACTIONER ISSUES A CERTIFICATE STATING THAT THE FAMILY MEMBER HAS A SERIOUS MEDICAL CONDITION WITH A SIGNIFICANT RISK OF DEATH WITHIN TWENTY-SIX WEEKS FROM (A) THE DAY THE CERTIFICATE IS ISSUED; OR (B) IF THE LEAVE WAS COMMENCED BEFORE THE CERTIFICATE WAS ISSUED, THE DAY THE LEAVE WAS COMMENCED. A LEAVE OF ABSENCE MAY ONLY BE TAKEN IN PERIODS OF NOT LESS THAN ONE-WEEK DURATION.

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PROHIBITED ACTION BY THE EMPLOYER

NO EMPLOYER SHALL DISMISS, SUSPEND, LAY OFF, DEMOTE OR DISCIPLINE AN EMPLOYEE BECAUSE AN EMPLOYEE HAS APPLIED FOR LEAVE UNDER THE PREGNANCY / PARENTAL / COMPASSIONATE CARE PROVISIONS OF THE LABOUR STANDARDS ACT.

 

FOR FURTHER INFORMATION CONTACT: 

LABOUR STANDARDS COMPLIANCE OFFICE 

BOX 1000, STN 590

IQALUIT, NUNAVUT X0A 0H0

 

TEL: 1-867-975-6322 TOLL FREE: 1- 877-806-8402

FAX: 1-867-975-6367

 

THIS IS A GUIDE ONLY

FOR INTERPRETATION AND APPLICATIONPURPOSES, REFER TO THE NUNAVUT LABOUR STANDARDS ACT, ITSREGULATIONS AND AMMENDMENTS.