Most leaves other than vacation and statutory holidays are unpaid under the Labour Standards Code.
During pregnancy, parental, emergency, compassionate care, critically ill child, crime related child death or disappearance, reservist or citizenship ceremony leave, your employer must give you the option to keep paying into any benefit plan, such as your pension, while you are on the leave.
Click below to read more about each type of leave.
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Up to 16 weeks, unpaid with doctor’s certificate confirming pregnancy and 4 weeks’ notice to employer of start date and return date. If you cannot give 4 weeks’ notice, then you need to give as much notice as possible. Pregnancy leave can be started up to 15 weeks before your due date. You must take one week off after the due date/birth.
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Parents of newborns or newly adopted children, regardless of gender, are entitled to up to 77 weeks of unpaid leave. You must take this leave within 18 months of the child’s arrival, and you must give your employer 4 weeks' notice of the start and end date of the leave. A parent who takes pregnancy leave may also take parental leave. This parental leave must start immediately after the birth of the child and the pregnancy and parental leave cannot combine to more than 77 weeks.
Employment Insurance maternity and/or parental benefits may be available to parents taking pregnancy or parental leave
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You are entitled to up to three unpaid sick days per year in order to care for a sick family member or attend medical or dental appointments. The sick leave set out in the Labour Standards code is intended to apply to short term illnesses not related to a disability.
If you are suffering from a chronic illness or disability, including mental illness, your right to an extended, unpaid sick leave is protected by the Nova Scotia Human Rights Act. If you can prove that the leave is required due to your disability, your employer must allow you to take the leave to the point of undue hardship. In general, employers cannot unreasonably deny medical leave when supported by documentation. If you need more information about how to enforce your rights to sick leave for disability, please see the section on Human Rights.
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You are entitled to 5 employer-paid days of leave, along with 10 days of unpaid leave that can be taken consecutively or intermittently throughout the year. Workers are also entitled to take 16 consecutive weeks of unpaid leave at any time. You must be allowed to return to work after this leave. To qualify for this leave, you or your child (under 18) must experience some form of domestic abuse and you must have been an employee for at least 3 months.
Domestic violence includes acts or threats of abuse that can be physical, sexual, emotional, or psychological. The purpose of the time of work is to seek medical, legal or psychological help for you or your child.
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Unpaid emergency leave is for public emergencies such as natural disasters and public health crisis. Unpaid emergency leave can be taken where a government agency has declared a public emergency which prevents you from working, you have been ordered to stay home by a medical officer, a family member impacted by one of the above situations needs you to care for them and you are the only family member who can do so.
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You are entitled to up to five consecutive working days of unpaid leave in the event of death of your: parent, guardian, child, child in your care, grandparent, grandchild, spouse, sister or brother, mother or father-in-law, son or daughter-in-law, brother or sister-in-law.
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You may take up to 28 weeks of compassionate care leave if you must care for a seriously ill family member who is likely to die within 26 weeks if you have been working for at least 3 months prior to taking the leave. The leave can be broken up into segments of as little as one week, but must be taken within a 52-week window. A family member means anyone in your immediate or extended family. Leave can also be taken for someone who is like family, but an employer may ask you to fill out a Family Member Attestation form, which is available from Employment and Social Development Canada (ESDC).
Your employer may ask for medical documentation stating that the above criteria are met.
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You are entitled to up to 37 weeks of unpaid leave to care for or support a critically ill child or child who is like family to you. You must have worked at least 3 consecutive months for your employer before you qualify for this leave.
You must provide a doctor’s note stating that the child’s life is at risk due to the illness and the length of the leave required to care for the child.
This leave is protected, meaning that you must be allowed to return to work with no loss of seniority or benefits.
You must take the leave for periods of at least one week and within a 52-week window.
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Crime Related Death or Disappearance Leave
You may be entitled to up to 52 weeks if your child (under 18) disappears as a result of crime or up to 104 weeks if your child has died as a result of crime.
Court Leave
You can take unpaid leave if you are serving on a jury or as a witness. You must give your employer as much notice as you can.
Citizenship Ceremony Leave
You may take one day of unpaid leave to attend your citizenship ceremony on the day of the ceremony if you give your employer 14 days’ notice.
Reservist Leave
You may be entitled to unpaid leave from civilian work if you are a reservist on active duty or preparing for duty and you have worked for your employer for the year before the leave. You must give your employer 90 days’ notice.