Crime-related Child Death or Disappearance Leave

As of July 9, 2013, the NS Labour Standards Code has been changed with regard to employees who are parents or guardians who are facing the death or disappearance of their child, under the age of 18 years old, resulting from a probable criminal act. The employee may be asked by their employer to provide reasonable evidence of the death or disappearance and evidence showing that it was likely due to a crime in order to be eligible.

Under the Code, an employee who has worked for the company for at least three months whose child has disappeared as the result of a probable crime can take up to 52 weeks of leave. If the child has died as the result of a crime, the period can be extended up to 104 weeks. The leave must be taken as one continuous period and the employee must give written notice as soon as possible.  The employee must provide a plan outlining when they wish to take the leave. The plan can be revised over time as long as the employer agrees or is given four weeks’ notice. The employee can also return to work early by giving at least 14 days’ notice.

During the time of the leave, the employee has the right to maintain their benefit plan and to return to their job at the end of the leave with the same pay and benefits as before they started the leave.

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