Acts and Regulations

2018-81 - Domestic Violence, Intimate Partner Violence or Sexual Violence Leave

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 2018-81
under the
Employment Standards Act
(O.C. 2018-299)
Filed August 22, 2018
Under section 85 of the Employment Standards Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Domestic Violence, Intimate Partner Violence or Sexual Violence Leave Regulation – Employment Standards Act.
Definition of “Act”
2In this Regulation, “Act” means the Employment Standards Act.
Domestic violence, intimate partner violence or sexual violence leave
3(1)Subject to this Regulation, on the request of an employee, an employer shall grant the employee a leave of absence for domestic violence leave, intimate partner violence leave or sexual violence leave under section 44.027 of the Act if the employee has been in the employ of the employer for more than 90 days.
3(2)The total of the leaves of absences referred to in subsection (1) an employee is entitled to take, in each calendar year, shall not exceed the following:
(a) up to 10 days, which the employee may take intermittently or in one continuous period, and
(b) up to 16 weeks in one continuous period.
Purposes for which leave may be taken
4 An employee shall be granted a domestic violence leave, an intimate partner violence leave or a sexual violence leave under section 44.027 of the Act if the employee or a child of the employee is a victim of domestic violence, intimate partner violence or sexual violence, and the leave of absence is taken for any of the following purposes:
(a) to seek medical attention for the employee or the child of the employee for a physical or psychological injury or disability caused by the domestic violence, intimate partner violence or sexual violence;
(b) to obtain victim services for the employee or the child of the employee from a qualified person or organization;
(c) to obtain psychological or other counselling from a qualified person for the employee or the child of the employee;
(d) to relocate temporarily or permanently;
(e) to seek legal or law enforcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence, intimate partner violence or sexual violence; and
(f) for any other purpose related to or resulting from the domestic violence, intimate partner violence or sexual violence.
How leave of absence to be paid
5(1)If an employee is granted a leave of absence under section 44.027 of the Act, the employee is entitled to take the first five days as paid leave and the balance of the employee’s entitlement under subsection 3(2) as unpaid leave.
5(2)The rate of pay an employee is to be paid for paid leave referred to in subsection (1) shall be an amount equal to the wages the employee would have earned if the employee had worked the regular hours of work for the applicable period.
5(3)If the wages of an employee vary from day to day, the rate of pay an employee is to be paid for paid leave referred to in subsection (1) shall be at least equivalent to the employee’s average daily earnings exclusive of overtime for the days on which the employee worked during the 30 calendar days immediately preceding the applicable period.
Documentation required
6 When the employee advises the employer under subsection 44.027(2) of the Act of the employee’s intention to take a leave of absence, the employee shall provide the employer in writing with the purposes for which the leave is to be taken, with reference to one or more of the specific purposes set out in section 4.
Documents or other material confidential
7All documentation or other material received in relation to an employee’s leave of absence under section 44.027 of the Act is confidential and shall not be disclosed unless
(a) the employee has consented in writing to the disclosure,
(b) the disclosure is made to an officer, employee or agent of the employer who needs the record in the performance of their duties, or
(c) the disclosure is authorized or required by law.
Commencement
8This Regulation comes into force on September 1, 2018.
N.B. This Regulation is consolidated to September 1, 2018.