Leaves of absence and breaks
All leaves under the Labour Standards Code are unpaid. However, your employment contract, benefits plan, or collective agreement may provide added benefits, and Employment Insurance benefits may also be available for some leaves.
This page gives legal information only, not legal advice. Contact a lawyer if you need legal advice.
Pregnancy & Parental leave
Q - Am I entitled to time off if I'm pregnant?
If you are pregnant and have worked for your employer for at least one year, you are entitled to an unpaid pregnancy leave of up to 17 weeks. If your employer asks, you must provide your employer with a doctor's certificate confirming your pregnancy. You must give your employer 4 weeks' notice of the date you will start pregnancy leave and the date you will return to work.
You can start pregnancy leave up to 16 weeks before your due date. You must take at least one week off after the actual delivery date. If your pregnancy makes you unable to perform your regular job duties, your employer can require you to take an unpaid leave of absence.
Q - Am I entitled to time off if my spouse or partner is having a baby?
Either parent may take parental leave. If you have worked for your employer for at least one year, and you are either the mother or father of a newborn or newly adopted child, then you are entitled to a parental leave of absence of up to 52 weeks.
You must take any parental leave within 52 weeks of the child's birth or arrival in your home, and must give your employer 4 weeks' notice of the date when you will begin the leave and the date you will return to work.
A woman who took pregnancy leave may also take parental leave. In that case, parental leave starts immediately at the end of the pregnancy leave, and the pregnancy and parental leaves combined cannot total more than 52 weeks (maximum 17 weeks pregnancy leave + 35 weeks parental leave).
Q - Are adoptive parents entitled to parental leave?
Yes, both parents of a newly adopted child are entitled to up to 52 weeks of unpaid parental leave. You must take any parental leave within 52 weeks of the child's arrival in your home, and give your employer 4 weeks' notice of the dates when you will start and end your leave.
Q - Does my employer have to pay my wages if I take pregnancy and/or parental leave?
No. Both pregnancy and parental leaves are unpaid leaves from work under the Labour Standards Code. However, Employment Insurance maternity and/or parental benefits (http://www.servicecanada.gc.ca/eng/sc/ei/benefits/maternityparental.shtml) may be available to those who take these leaves, and your employment contract may also provide pregnancy and/or parental leave benefits.
Q - Can my employer end my employment while I am on pregnancy/parental leave?
When you return to work after pregnancy and/or parental leave, you must be allowed to return to the same position or a comparable one with no loss of seniority or benefits. If your employer does not allow you to return from pregnancy/parental leave, you may be able to make a complaint. Contact the Nova Scotia Human Rights Commission and Nova Scotia Labour Standards for more information.
Compassionate care leave
Q - Compassionate care leave
Compassionate care leave is an unpaid leave of up to 8 weeks, which may be taken if you have worked for your employer longer than three months and you have to take care of or give support to a seriously ill family member who has a significant chance of dying within 26 weeks. A doctor must determine whether a family member has a serious chance of dying within 26 weeks. You may be required to provide a doctors certificate stating this to your employer.
Compassionate care leave may be granted to provide care or support for:
- your spouse (including common-law partner, if you have lived together for 1 year or more)
- your or your spouse's parent, step-parent or foster parent
- your or your spouse's child or step-child o your current or former foster child
- your brother, step-brother, sister, or step-sister
- your or your spouse's grandparent or step-grandparent
- your or your spouse's grandchild or step-grandchild
- your brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the employee
- your or your spouse's son-in-law or daughter-in-law
- your or your spouse's uncle or aunt
- your or your spouse's nephew or niece
- the spouse of the employee's current or former foster child, current or former guardian, grandchild, uncle, aunt, nephew or niece
- your current or former guardian
- your or your spouse's current or former ward.
Contact Nova Scotia Labour Standards if you are not sure whether you are eligible to take compassionate care leave for a particular family member.
Q - How much compassionate care leave can I get?
You can take up to 8 weeks of leave, which may be divided into periods of at least one week each.
Q - Am I entitled to be paid while on compassionate care leave?
Compassionate care leave is unpaid. However, you may qualify for up to 6 weeks of compassionate care employment insurance benefits under the federal Employment Insurance program - http://www.servicecanada.gc.ca/eng/ei/types/compassionate_care.shtml
Q - Sick leave
Under the Labour Standards Code you are entitled to up to three unpaid sick days each year, in order to care for a sick family member or to go to medical or dental appointments. Your employer may provide additional sick benefits, and you may also be eligible for up to 16 weeks' of Employment Insurance sickness benefits. Contact Employment Insurance for more information.
Q - Emergency leave
Unpaid emergency leave is available under the Labour Standards Code if:
- A government agency has declared a public emergency, and you cannot work as a result, or;
- A medical officer (under the Health Protection Act) has ordered you to stay home for example, because you have a contagious disease; or
- You must stay off work to care for a family member who is in one of the above situations, and you are the only person who can reasonably care for your family member. 'Family member' is defined in the same way as it is for compassionate care leave (see above).
Unpaid emergency leave is for public emergencies, such as a weather disaster or public health crisis, not personal emergencies such as a family illness. You must give your employer as much notice as possible that you are taking emergency leave, and your employer may request reasonable evidence that you are entitled to emergency leave. Emergency leave lasts as long as the emergency continues and prevents you from working.
Q - Am I entitled to leave if I have to go to court?
Yes. You can take an unpaid court leave if you must serve on a jury or appear as a witness. You must give your employer as much notice as you reasonably can if you have to go to court.
Q - Am I entitled to leave if a family member dies?
Yes. You may take up to three consecutive days' leave if your spouse, parent, guardian, child, or a child in your care dies.
You may take one day off if one of the following family members dies:
- your grandparent or grandchild
- your sister or brother
- your mother-in-law, father-in-law, daughter-in-law, son-in-law, sister-in-law, or brother-in-law.
Bereavement leave is unpaid. You must give your employer as much notice as possible that you are taking bereavement leave.
Q - Am I entitled to leave if I am a reservist?
If you are a reservist who is preparing for active duty or training you can take an unpaid leave from your civilian work if you have worked for your employer for at least one year. The leave cannot be longer than 18 months in a 3-year period, and there must be at least a 1 year break between reservist leaves. You must return to work within four weeks of the end of your service period. You must give your employer 90 days notice before taking reservist leave. If it is an emergency, you must give as much notice as you reasonably can.
Q - Am I entitled to leave to attend my citizenship ceremony?
Yes. You may take up to one (1) day of unpaid leave to attend your citizenship ceremony, on the day of the ceremony. You must give your employer fourteen (14) days' notice, or as much notice as you reasonably can, of the date of your citizenship ceremony, and how long you will be away from work. Your employer may require proof of the date of your citizenship ceremony.
Q - Maintaining a workplace benefit plan while on leave
During pregnancy, parental, compassionate care, reservist and emergency leaves your employer must give you the option to keep up any benefit plan you belong to. This would be at your own expense, unless your employer agrees otherwise. When you return from any of these leaves, your employer must accept you back into the same or a comparable position with no loss of benefits or seniority. There are a few exceptions. Contact Labour Standards for more information.
Q - Am I entitled to a break during work?
Under the Labour Standards Code you are entitled to a 30-minute rest or eating break for every 5 hours in a row that you work. However, an employer does not need to give a break if:
- there is an accident;
- urgent work must be done;
- there are unforeseeable or unpreventable circumstances;
- it is unreasonable to take a meal break.
You are entitled to eat while working if you have worked 5 hours in a row and have not been given a break. Your employer does not have to pay you for breaks, unless your employer requires you to be available for work during breaks.
Q - Where can I get more information?
Nova Scotia Department of Labour and Advanced Education
Labour Standards Division
Halifax: (902) 424- 4311
Sydney: (902) 563-2180
Toll free: 1 888 315 0110
Human Resources and Skills Development Canada Labour Program (federally regulated workplaces)
Toll free: 1 800 641 4049