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Newfoundland and Labrador to extend job-protected leave for illness, injury under proposed amendments

by Todd Humber
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The Government of Newfoundland and Labrador introduced proposed amendments to the Labour Standards Act on November 6 that would significantly extend unpaid job-protected leave for workers dealing with long-term illness, injury, or organ donation.

Under the amendments, employees would have access to up to 27 weeks per year of job-protected leave for long-term illness, long-term injury, or organ donation, or up to 104 weeks if the illness or injury is the result of a criminal offence.

“This proposed update to the Labour Standards Act ensures those workers who have to be off work for extended periods of time can do so without the added burden of worry related to job security,” said the Honourable Lisa Dempster, Minister of Environment and Climate Change and Minister Responsible for Labour. “Whether a worker needs unpaid time off to recover from illness, injury, or organ donation, or if they’re preparing to serve their country, it is important we recognize the need for job protection during that time.”

The amendments would also update the province’s reservist leave provisions to align with protections offered in other jurisdictions, providing reservists with greater access to training and development opportunities and employers with increased certainty of the duration of the leave. These changes aim to move towards a harmonized national standard for military leave.

Organizations such as Diabetes Canada and the Canadian Cancer Society have expressed support for the proposed amendments.

“Diabetes Canada supports the proposed amendments to the Labour Standards Act in the province of Newfoundland and Labrador,” said Maria Campbell, director of government affairs and advocacy at Diabetes Canada. “For the nearly 75,000 Newfoundlanders and Labradorians living with diabetes, these amendments would provide the critical time to take care of one’s health and ensure that the financial impacts of living with a complex condition are minimized through job protection.”

Andrea Seale, CEO of the Canadian Cancer Society, noted that “nearly 40 per cent of people diagnosed with cancer are in their working years, ages 20 to 64. That means cancer often comes at a time when expenses are high, and others are depending on you. There are already enough worries that come with a cancer diagnosis; wondering if you have a job to come back to shouldn’t be one of them. The Government of Newfoundland and Labrador is demonstrating strong leadership for expanding job protection for those with serious illnesses to 27 weeks. We know that cancer doesn’t wait—but your job should.”

The provincial government stated that the amended Labour Standards Act aims to balance the needs of both employers and employees, laying the foundation for enhanced job protection for employees while supporting businesses with better continuity planning.

Employers and HR professionals in Newfoundland and Labrador will need to prepare for these potential changes, which may impact workforce planning and policies related to employee leave. The extended leave provisions could require adjustments in staffing strategies to accommodate longer absences while ensuring business operations continue smoothly.

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