Labour Standards Division
Government of Newfoundland
and Labrador
Newfoundland and Labrador - Labour Standards
Table of Contents
Introduction 1
Benefit Eligibility 2
Hours of Work
Hours of Work 8
Overtime 9
Breaks 10
Meetings and Extra Duties 10
Wages & Tips
Wages 11
Deductions 12
Vacation Pay 12
Tips or Gratuities 13
Annual Vacation, Public Holidays & Other Leave
Annual Vacation 14
Public Holidays 15
Sick/Family Responsibility Leave 16
Pregnancy Leave 17
Parental Leave 18
Adoption Leave 19
Bereavement Leave 20
Compassionate Care Leave 21
Critical Illness Leave 22
Crime-Related Child Death or Disappearance Leave 24
Reservist Leave 26
Family Violence Leave 27
Communicable Disease Emergency Leave 29
Termination of Employment
Notice Period 31
Termination without Notice 32
Termination and Pay 33
Group Termination 33
Employment of Children 35
Records 36
Last updated: April 2024
Newfoundland and Labrador - Labour Standards
Newfoundland and Labrador - Labour Standards
1
Introduction
The Labour Standards Act (the Act) is designed to provide fundamental protection to individual
workers and create a “level playing field” for employers in the labour market by establishing standard
employment practices. The Labour Standards Act requires all employers establish conditions of
employment that meet at least the legislated minimum standards in areas such as hours of work,
minimum wage, leave entitlements, termination of employment, paid public holidays, vacation, etc.
The minimum employment standards for the province of Newfoundland and Labrador are outlined in
this booklet.
This booklet answers some of the most commonly asked questions on the practical application of the
Labour Standards Act. It is meant as a ready reference for general information only. The reader is
encouraged to contact the Labour Standards Division, at any of the numbers listed at the back of this
booklet, for clarification on any of the topics presented or to ensure the content is current.
It is important to note the legislation does not prohibit terms and conditions of employment that are
more beneficial than those set out in the Act. If employer practices, or terms in a collective agreement
provide greater employment benefits, then those terms and conditions will govern the employment
relationship.
Readers should be aware that the Labour Standards Act applies only in circumstances where a
person is employed under a contract of service. This means the employer has the ability to control
and direct how the employee carries out their duties. The legislation requires, upon hire, every
employee receive a statement from their employer which outlines basic terms and conditions of
employment such as the hours of work, rate of pay, vacation entitlements and termination date, if
hired for a fixed term.
To review the Labour Standards Act please visit:
http://assembly.nl.ca/Legislation/sr/statutes/l02.htm
If you have any questions regarding how your personal information is collected or used, you may
contact the ATIPP Coordinator. A listing of all departmental coordinators and their contact information
can be found at: www.atipp.gov.nl.ca/info/coordinators.html
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Benefit Eligibility
The minimum standards of employment apply to all employees regardless of the number of hours
worked each week. The Labour Standards Act does not differentiate between full-time and part-time
employees; however, some of the provisions depend on the length of time an employee has been
employed with the same employer. Additional information on the benefits listed below can be found in
the respective sections of this booklet.
BENEFIT
QUALIFIERS
ENTITLEMENT
Paid Public Holidays
New Year’s Day
Good Friday
Memorial/Canada
Day
Labour Day
Remembrance Day
Christmas Day
If holiday worked
no qualifiers.
If holiday not worked
Employee must:
(a) have been employed for at least 30
days.
(b) work the scheduled shifts before and
after the holiday.
Pay at twice regular rate or another
day off with pay within 30 days or
additional vacation day employee’s
choice.
Employee receives an average day’s
pay at their regular rate.
If a holiday falls on the employee’s
normal day off, they receive the next
work day off with pay or another day
which the employee and employer
agree on.
Vacation Pay
Employee must be employed for at least
5 days with the same employer.
Employees with 15 years of continuous
employment or more with the same
employer.
4% of gross income.
6% of gross income.
Vacation Pay to be paid within 1 week
of the termination of the employment
or the day immediately before
beginning vacation.
Vacation Time
Employed 12 months and worked 90% of
their regular hours in the preceding 12
months.
Employed 15 years continuous
employment with the same employer.
2 weeks annual vacation.
3 weeks annual vacation.
Sick/Family
Responsibility Leave
Employed by the same employer for at
least 30 days.
7 days unpaid leave per year.
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BENEFIT
QUALIFIERS
ENTITLEMENT
Pregnancy Leave
Employed at least 20 consecutive weeks
with the same employer.
Employee to give 2 weeks written notice
to the employer together with a medical
certificate from a medical practitioner or
nurse practitioner. Leave cannot start
earlier than 17 weeks before the
expected birth date.
17 weeks unpaid leave.
Employee to give employer at least 4
weeks written notice, if she intends to
return to work prior to the end of 17
weeks.
Upon return to work, be placed in
same or similar position with same
duties, benefits and wages.
Parental Leave
Employed at least 20 consecutive weeks
with the same employer.
Where Pregnancy Leave is taken,
Parental Leave has to be taken
immediately after the Pregnancy Leave,
unless the child has yet to come into the
care/custody of the parent.
61 weeks unpaid leave.
Employee to give employer at least 4
weeks written notice, if they intend to
return to work prior to the end of
parental leave.
Upon return to work, be placed in
same or similar position with same
duties, benefits and wages.
Adoption Leave
Employed at least 20 consecutive weeks
with the same employer.
Employee to give 2 weeks written notice
to employer of intent to take leave.
17 weeks unpaid leave.
Employee to give employer at least 4
weeks written notice, if they intend to
return to work prior to the end of 17
weeks.
Upon return to work, be placed in
same or similar position with same
duties, benefits and wages.
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BENEFIT
QUALIFIERS
ENTITLEMENT
Bereavement Leave
On the death of the spouse, child,
grandchild, mother or father, brother or
sister, grandparent or mother-in-law,
father-in-law, sister-in-law, brother-in-
law, son-in-law, or daughter-in-law of the
employee.
Employed for at least 30 days with the
same employer.
Employed for less than 30 days with the
employer.
1 day off with pay and 2 days without
pay.
2 days without pay.
Compassionate Care
Leave
Employed at least 30 days with the same
employer.
Employee must provide a copy of a
medical certificate from a medical
practitioner or nurse practitioner
confirming a family member has serious
medical with a significant risk of death
within 26 weeks.
Employee must provide the employer
with at least 2 weeks written notice of the
intended amount and date leave will
begin, unless there is a valid reason why
that notice cannot be given.
Up to 28 weeks of unpaid leave to be
taken within 52 weeks to provide care
or support to a family member.
Upon return to work, be placed in
same or similar position with same
duties, benefits and wages.
Critical Illness Leave
Employed by the same employer for at
least 30 days.
Employee must provide a copy of a
medical certificate from a medical
practitioner or nurse practitioner
confirming a critical illness which
requires care or support from the
employee.
Employee must provide the employer
with at least 2 weeks written notice of the
intended amount and date leave will
begin, unless there is a valid reason why
that notice cannot be given.
Up to 37 weeks of unpaid leave to
provide care or support for a critically
ill child.
Up to 17 weeks of unpaid leave to
provide care or support for a critically
ill adult.
Upon return to work, be placed in
same or similar position with same
duties, benefits and wages.
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BENEFIT
QUALIFIERS
ENTITLEMENT
Crime-Related Child
Death or
Disappearance Leave
An employee who is a parent of a child
under the age of 18 who has
disappeared or died and it is probable,
considering the circumstances, that the
child disappeared or died as a result of a
crime under the federal Criminal Code.
Employee has not been charged with the
crime necessitating the leave.
Employed by the same employer for at
least 30 days.
Must provide reasonable verification of
the necessity of the leave as soon as
possible.
Employee must provide the employer
with at least 2 weeks written notice of the
intended amount and date leave will
begin, unless there is a valid reason why
that notice cannot be given.
Up to 52 weeks of unpaid leave in
relation to the disappearance of a
child and up to 104 weeks of unpaid
leave in relation to the death of a
child; however, the duration of the
leave must be limited to that which is
reasonably necessary in the
circumstances.
Upon return to work, be placed in
same or similar position with same
duties, benefits and wages.
Reservist Leave
Is a member of the Canadian Forces
Reserves.
Has been employed in civilian
employment with same employer for at
least 6 consecutive months.
Is required to be absent from work for
Canadian Forces service.
Provides 60 days written notice (or less
in special circumstances) of the intended
date leave will begin and the anticipated
date service will end.
The employer has not been exempted by
the Director of Labour Standards from
having to provide the leave.
Unpaid leave for the required period
of Canadian Forces service.
Reinstated to employment terms and
conditions that are not less beneficial
than those that existed before the
leave began.
A second or additional unpaid service
leave may be granted, if a period of at
least 1 year has elapsed from the date
the employee returned to work from
the most recent service leave.
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BENEFIT
QUALIFIERS
ENTITLEMENT
Family Violence
Leave
Employed by the same employer for at
least 30 days.
Employee or a person to whom the
employee is a parent or caregiver has
been directly or indirectly subjected to, a
victim of, impacted or seriously affected
by family violence or has witnessed
family violence by:
a person who is or has been a family
member
a person who is or has been in an
intimate relationship or who is living or
has lived with the employee
a person who is the parent of a child
with the employee
a person who is or has been a
caregiver to the employee
or
any other person who is a member of
a class of persons prescribed in the
regulations
May be required to provide reasonable
verification of the necessity of the leave.
3 days off with pay and 7 days without
pay in a year.
Employee receives an average day’s
pay at their regular rate.
Upon return to work, be placed in
same or similar position with same
duties, benefits and wages.
Communicable
Disease Emergency
Leave
the employee is under individual
medical investigation, supervision
or treatment;
the employee is acting in
accordance with an order under
the Public Health Protection and
Promotion Act;
the employee is in isolation or
quarantine or is subject to a
control measure, including self-
isolation, and the quarantine,
isolation or control measure was
implemented as a result of
information or directions related
to a designated communicable
disease issued by the Chief
Medical Officer of Health or the
Government;
the employee is under a direction
given by his or her employer in
response to a concern of the
employer that the employee may
expose other individuals in the
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workplace to a designated
communicable disease;
the employee is providing care or
support to a qualifying individual
for a reason related to a
designated communicable
disease that concerns that
individual including a school or
child care service closure; and
the employee is directly affected
by travel restrictions related to a
designated communicable
disease and, under the
circumstances cannot reasonably
be expected to travel back to the
province.
Notice of Termination
of Employment
(some exceptions
apply such as the
construction industry)
Employed with the same employer for:
Less than 3 months.
3 months or more but less than 2 years.
2 years or more but less than 5 years.
5 years or more but less than 10 years.
10 years or more but less than 15 years.
15 years or more.
No notice required.
1 week written notice or 1 weeks pay
in lieu of notice.
2 weeks written notice or 2 weeks pay
in lieu of notice.
3 weeks written notice or 3 weeks pay
in lieu of notice.
4 weeks written notice or 4 weeks pay
in lieu of notice.
6 weeks written notice or 6 weeks pay
in lieu of notice.
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Hours of Work
Hours of Work
What is a work week?
A work week is a period of 7 continuous days used by the employer or, if the employer
doesn't designate a week, a period of 7 continuous days beginning after midnight on a
Saturday.
How many days can an employee be required to work each week?
Employees must be granted 24 consecutive hours off work in each week of
employment. Where possible, the day off should be a Sunday. There are exceptions in
the case of:
employees in undertakings excluded by regulation (the present regulation
provides for the exclusion of employees covered by collective agreements,
employees employed in a remote area and crew members of ferry boats)
employees of employers exempted under Section 22 of the Labour Standards
Act
employees engaged in emergency work
How many hours a week can an employee work?
The regulation has set 40 hour as the standard working hours in a week. Time worked
in excess of 40 hours is overtime and these hours must be paid at the minimum
overtime rate.
Overtime provisions do not apply to agricultural employees.
How many hours a day (24 hour period) can an employee be required to work?
Except in the case of an emergency that constitutes an imminent hazard to life or
property, an employer shall permit an employee to take and an employee shall take not
less than 8 consecutive hours off work in each unbroken 24 hour period of employment.
These 8 hours are in addition to the breaks required during the work day.
If an employee reports for a previously scheduled 8 hour shift and finds the shift
cancelled, what payment are they entitled to receive?
If the employee reports for any shift of 3 hours or more and it is cancelled, they must
receive payment for at least 3 hours.
If an employee works 2 hours a day, what should they be paid?
An employee scheduled to work 2 hours must be paid for the 2 hours worked.
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If co-workers want to switch shifts, what impact may this have on overtime
payments?
If an employer approves a written request from 1 or more employees and this change
results in affected employee(s) working more than 40 hours in a week, the employer is
not required to pay overtime to the employees involved.
What happens if an employee is called in to work and is not required to work at
least 3 hours?
The employer shall either let the employee work at least 3 hours or pay the employee
for any unworked portion of the 3 hours at the minimum wage rate or the minimum
overtime wage rate, whichever is appropriate.
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Overtime
When is overtime to be paid?
Overtime is to be paid when an employee works in excess of the standard working
hours which has been set as 40 hours per week.
Exemptions to overtime may be granted where:
an employer approves a written request from 1 or more employees to switch
shifts
an employee is employed in farming, raising of livestock, or as a live-in
housekeeper or baby-sitter where there is an arrangement for time off
Can overtime be banked?
An employee may receive 1½ hours of paid time off work for each hour of overtime
worked instead of overtime pay where:
an employee and employer agree to do so
the time off shall be taken within 3 months of the date the overtime is earned
unless the employer and employee agree to extend the time period
payment or time off must be finalized within 12 months of the date the overtime is
earned
if the employment ends before the time off is taken, the employer shall pay the
employee for all overtime hours worked within 7 days of termination
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Breaks
How many breaks or meal periods are employees entitled to receive?
Subject to some exceptions in the regulation, an employer shall permit an employee to
take an unbroken rest period of 1 hour following each consecutive 5 hours of
employment. Different rest periods may be established through a written
employer/employee contract or a collective agreement. Unless the employer maintains
the right of direction and control during a rest period, the employee does not have to be
paid for their break.
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Meetings and Extra Duties
Are employees required to be paid for attending meetings or duties that cannot
be completed during their "normal" work day?
Employees are required to be paid for time they spend at the workplace at the
employer’s request.
Examples of when employees should be paid are:
attending a meeting that may be scheduled before the work day begins or at the
end of the work day and requires mandatory attendance
staying beyond the scheduled shift to conclude business such as closing cash,
general cleaning, locking up, etc.
attending training required by the employer
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Wages and Tips
Wages
What is the current minimum wage?
The current minimum wage rate is $15.60 per hour.
Future adjustments to the minimum wage rate will be based on the annual Consumer
Price Index for Canada. The new rate will be announced annually by government on April
1.
What is the minimum overtime wage rate?
The current minimum overtime wage rate is $23.40 per hour.
Future adjustments to the minimum overtime wage rate will be based on the annual
Consumer Price Index for Canada. The new rate will be announced annually by
government on April 1.
When should employees be paid?
The employer must pay an employee not less frequently than half monthly. All wages
owing must be paid within 7 days of the end of the pay period.
How is an employee to be paid?
The employer must pay the wages:
at the place of employment during regular working hours
at the employee's normal residence
by mail
personal delivery
by direct deposit into the employee's bank account with the employees consent
The wage must be paid in a lawful Canadian currency or
by cheque
money order
by direct deposit into the employee's bank account
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Deductions
What can be deducted from wages?
Income Tax
Canadian Pension Plan contributions
Employment Insurance contributions
Overpayment of wages
Deductions for a group benefit plan in which the employee participates
Savings plan deductions
Overpayment on unused portions of travel advances
Rental charges when the employee occupies the employer’s premises
Sums deducted or withheld by court order
Can deductions be made from an employee's wages for cash shortages, bad
cheques, or charge cards?
The employer cannot deduct these charges from wages.
Can an employee be required to pay for uniforms?
An employer shall not require an employee to pay for a uniform where the uniform is
unique to the employer's business operation and is identified with the employers
operation (logo).
If an employee damages an employer's product, property, or has an outstanding
account with the employer, can the employer recover this loss by deducting from
the employee's wages?
No, if an employee owes the employer for any of the above, the employer would have to
take alternate measures to recover the sums owed.
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Vacation Pay
Who gets vacation pay?
An employee who has been employed for 5 work days or more.
How is vacation pay calculated?
Vacation pay is calculated as 4% of gross wages, including commissions and overtime
for employees who have worked less than 15 continuous years with the same employer.
Vacation pay is calculated as 6% of gross earnings for employees with 15 years or
more of continuous employment with the same employer.
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When must an employee receive vacation pay?
At least 1 day before going on vacation or within one week of termination. Employers
also can pay vacation pay each pay period as long as the employee is advised and the
amount of vacation pay is indicated in the employer's payroll.
If an employee does not qualify for an annual vacation, there is still an entitlement to
vacation pay provided the employee has been employed by the employer for at least 5
work days.
An employee who qualifies for vacation pay must be paid the vacation pay within 1
week of the termination of employment.
Are there any deductions to be taken from vacation pay?
Vacation pay is subject to all statutory deductions for example:
Employment Insurance contributions
Income Tax
Canada Pension Plan contributions
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Tips or Gratuities
Does an employee have to share a tip with an employer, a manager or supervisor
of the employee or an employer's representative?
No, tips or gratuities are the property of the employee to whom or for whom they are
given.
Where a surcharge or other charge is paid instead of a tip or gratuity, does this
amount belong to the employee?
Yes, the amount paid shall be considered to be a tip or gratuity and is the property of
the employee to whom or for whom it is given.
Can an employer make deductions from a surcharge or other charge which is
paid instead of a tip or gratuity, or where the amount of the tip or gratuity is
itemized on the record of a credit card or debit card payment?
Yes, the employer may deduct for statutory deductions.
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Annual Vacation, Public Holidays and Other Leave
Annual Vacation
Who qualifies for annual vacation?
To qualify for an annual vacation, an employee must have been employed with the
employer for at least 12 continuous months and have worked at least 90% of the
available working hours.
How many weeks of vacation does an employee receive?
An employee with less than 15 years of continuous service with the same employer,
vacation time is 2 weeks per year.
An employee with 15 or more years of continuous service with the same employer,
vacation time is 3 weeks per year.
When can vacation be taken by an employee?
The employer shall give the employee at least 2 weeks written notice of when vacation
is to commence.
An employee who has less than 15 years of continuous employment with the same
employer is entitled to 2 weeks vacation.
The employee shall be permitted to take in either:
1 unbroken 2 week period
2 unbroken periods of 1 week
An employee who has 15 years or more of continuous employment with the same
employer is entitled to 3 weeks vacation.
The employee shall be permitted to take the vacation time in either
1 unbroken period of 3 weeks
2 unbroken periods of 2 weeks and 1 week respectively
unbroken periods of 1 week
The employee must be permitted to take this vacation within 10 months of the time they
qualify for it.
Can the employer cancel an employee's vacation if it was previously agreed to?
The employer may cancel an employee's vacation. If the employer and employee agree
to the vacation in writing and the employer cancels the vacation they must compensate
the employee for reasonable expenses that cannot be recovered by the employee as a
result of the vacation being cancelled.
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Public Holidays
How many paid public holidays are there?
There are 6 public holidays throughout the year, they are:
New Years Day
Good Friday
Memorial Day (Canada Day)
Labour Day
Remembrance Day
Christmas Day
Additional days may be proclaimed by the Lieutenant Governor-in-Council.
Different holidays may be set by collective agreements in substitution for those days
designated under the Labour Standards Act.
If an employee works on a paid public holiday, what are they entitled to receive?
An employee who works on a paid public holiday is entitled to receive wages at twice
their regular rate for the hours worked on the holiday or an additional day off with pay
within 30 days or an additional vacation day. Employees do not have to meet any
qualifiers to receive this benefit.
What if the employee works a lesser number of hours on the paid public holiday
than they would normally have worked?
If an employee is required to work less hours on a paid public holiday than they would
normally work, the employer is required to pay the employee at their regular rate of pay
for the actual hours worked plus a regular days pay.
Is an employee entitled to pay on a paid public holiday if they do not work on the
paid holiday?
Yes, if an employee has been employed by the employer for at least 30 calendar days
prior to the paid holiday and works their scheduled shift before and after the paid
holiday. The employee is entitled to an average day's pay for the paid public holiday
even though no work was performed on the day.
How is an employee to be compensated if a public holiday falls on a day the
employee would normally be scheduled off work?
The employee shall not be required to work either on the first working day immediately
after the public holiday or another day mutually agreed to by the employee and
employer and this day shall be a paid day for the employee.
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How is the employee who works shifts of varying hours and who does not work
on the paid public holiday to be paid?
If an employee has been employed by the employer for at least 30 calendar days prior
to the paid holiday and works their scheduled shift before and after the paid holiday, the
employee is entitled to be paid for the paid public holiday.
To establish the rate at which the employee must be paid requires multiplying the
employee’s hourly rate of pay by the average number of hours worked in a day by the
employee in the 3 weeks immediately preceding the holiday.
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Sick/Family Responsibility Leave
Who is entitled to sick/family responsibility leave?
An employee who has been employed with the same employer for a continuous period
of 30 days is entitled to 7 days unpaid sick or family responsibility leave in a year.
Does the employee have to provide a note to the employer for sick leave?
An employee must provide a note to their employer, signed by a medical practitioner or
nurse practitioner, if on sick leave for 3 consecutive days or more.
Does the employee have to provide a note to the employer for family
responsibility leave?
An employee must provide a written statement outlining the nature of the family
responsibility leave where the employee is absent from work for 3 consecutive days or
more.
Is an employer required to keep an employee’s information relating to sick/family
responsibility leave confidential?
Yes, an employer or a person employed by an employer is required to keep confidential
all information that comes to their knowledge in the administration of sick/family
responsibility leave.
An employer or a person employed by an employer may disclose information relating to
an employee’s sick/family responsibility leave with the consent of the employee.
Information may also be disclosed when required by the Labour Standards Act or other
legislation.
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Pregnancy Leave
Who is eligible for pregnancy leave?
A pregnant employee who has been employed by the same employer for at least 20
consecutive weeks.
How much notice of their intention to take pregnancy leave must an employee
give to their employer?
At least 2 weeks written notice must be given. As well, the employee must provide the
employer with a certificate from a medical practitioner or nurse practitioner stating the
estimated birth date.
How long can pregnancy leave last?
Up to 17 weeks of unpaid leave.
When does pregnancy leave begin?
Leave cannot start earlier than 17 weeks before the expected birth date.
What if the employee is forced to stop work because of miscarriage or still birth?
The employee is entitled to 17 weeks after the pregnancy leave began or 6 weeks after
the still birth or miscarriage, whichever is later.
Is written notice required if the employee wants to end pregnancy leave early or
does not intend to take parental leave?
Yes, 4 weeks written notice must be given before the employee returns to work.
What happens when the employee returns to work from pregnancy leave?
Upon return to work an employee is to be placed in the same or similar position with
duties, benefits and wages they had prior to taking pregnancy leave.
What effect does being on pregnancy leave have on an employees entitlements
under the Labour Standards Act?
Unless the employer and employee agree otherwise, the period spent on pregnancy
leave does not count with respect to the accumulation of time for the purposes of notice
of termination, vacation entitlement, or other benefits under the Act.
Is an employer required to keep an employee’s information relating to pregnancy
leave confidential?
Yes, an employer or a person employed by an employer is required to keep confidential
all information that comes to their knowledge in the administration of pregnancy leave.
An employer or a person employed by an employer may disclose information relating to
an employee’s pregnancy leave with the consent of the employee. Information may also
be disclosed when required by the Labour Standards Act or other legislation.
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Parental Leave
Who is eligible for parental leave?
An employee who has been employed by the same employer for at least 20 consecutive
weeks and who is the parent of a child.
Can an employee take pregnancy leave, go back to work for a time and then take
parental leave?
No. Where an employee takes pregnancy leave, the parental leave must begin when
the pregnancy leave ends, unless the child has not come into the care of the parent for
the first time.
How long can parental leave last?
Up to 61 weeks of unpaid leave.
How much notice of their intention to take parental leave does an employee have
to give their employer?
At least 2 weeks written notice must be given.
When does parental leave end?
61 weeks after it began or 96 weeks after the day the child is born or comes into the
care and custody of the parent for the first time.
Can an employee return to work before the end of their parental leave?
Yes, however, 4 weeks written notice has to be given to the employer before the
employee can return to work.
What happens when the employee returns to work from parental leave?
Upon return to work an employee is to be placed in the same or similar position with
duties, benefits and wages they had prior to taking parental leave.
What effect does being on parental leave have on an employees entitlements
under the Labour Standards Act?
Unless the employer and employee agree otherwise, the period spent on parental leave
does not count with respect to the accumulation of time for the purposes of notice of
termination, vacation entitlement, or other benefits under the Act.
Is an employer required to keep an employee’s information relating to parental
leave confidential?
Yes, an employer or a person employed by an employer is required to keep confidential
all information that comes to their knowledge in the administration of parental leave.
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An employer or a person employed by an employer may disclose information relating to
an employee’s parental leave with the consent of the employee. Information may also
be disclosed when required by the Labour Standards Act or other legislation.
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Adoption Leave
Who is eligible for adoption leave?
An employee who has been employed by the same employer for at least 20 consecutive
weeks.
How much notice of their intention to take adoption leave must an employee give
to their employer?
At least 2 weeks notice in writing or if the child comes into their custody sooner than
expected, written notice of having taken adoption leave within 2 weeks of having
stopped work.
How long can adoption leave last?
Up to 17 weeks of unpaid leave.
Are adoptive parents entitled to parental leave?
Adoptive parents are entitled to 61 weeks parental leave.
Can an employee return to work before the end of the 17 weeks?
Yes, however, 4 weeks written notice has to be given to the employer before the
employee can return to work.
What happens when the employee returns to work from adoption leave?
Upon return to work an employee is to be placed in the same or similar position with
duties, benefits and wages they had prior to taking adoption leave.
What effect does being on adoption leave have on an employees entitlements
under the Labour Standards Act?
Unless the employer and employee agree otherwise, the period spent on adoption leave
does not count with respect to the accumulation of time for the purposes of notice of
termination, vacation entitlement, or other benefits under the Act.
Is an employer required to keep an employee’s information relating to adoption
leave confidential?
Yes, an employer or a person employed by an employer is required to keep confidential
all information that comes to their knowledge in the administration of adoption leave.
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An employer or a person employed by an employer may disclose information relating to
an employee’s adoption leave with the consent of the employee. Information may also
be disclosed when required by the Labour Standards Act or other legislation.
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Bereavement Leave
Who is eligible for bereavement leave?
Bereavement leave must be provided to an employee in the event of the death of the
employee's:
spouse
child
grandchild
mother or father
brother or sister
mother-in-law or father -in-law
grandparent
sister-in-law or brother-in-law
son-in-law or daughter-in-law
How many days of bereavement leave can an employee take?
An employee who has been employed with the same employer for at least 30 days shall
be given 3 days of bereavement leave consisting of 1 day paid leave and 2 days unpaid
leave.
If an employee has been employed for less than 30 days, the employee is entitled to 2
days of unpaid leave.
Is an employer required to keep an employee’s information relating to
bereavement leave confidential?
Yes, an employer or a person employed by an employer is required to keep confidential
all information that comes to their knowledge in the administration of bereavement
leave.
An employer or a person employed by an employer may disclose information relating to
an employee’s bereavement leave with the consent of the employee. Information may
also be disclosed when required by the Labour Standards Act or other legislation.
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Newfoundland and Labrador - Labour Standards
21
Compassionate Care Leave
What is compassionate care leave?
Compassionate care leave enables an employee to receive up to 28 weeks of unpaid
leave to be taken within 52 weeks to provide care to a family member who has a serious
medical condition and a significant risk of death.
Who is eligible for compassionate care leave?
An employee who has been employed by the same employer for at least 30 days
qualifies for compassionate care leave.
For which family members can an employee take compassionate care leave?
An employee may take compassionate care leave to care for any of the following family
members of either the employees family or their spouses or co-habiting partner’s
family:
child or step child
wife, husband, cohabiting partner
parent or step-parent
siblings or step-siblings
grandparents or step-grandparents
grandchildren and their spouse or cohabiting partner
“in-laws” either married or cohabiting
aunts, uncles, nephews, nieces and their spouses or cohabiting partners
current or former wards, and current or former guardians and their spouse or co-
habiting partner
Other than relatives or family members, are there other individuals for whom an
employee may take compassionate care leave?
Yes, an employee may take compassionate care leave to care for an individual not
related to them by blood, adoption, marriage, or cohabiting partnership, whom the
employee or the individual considers to be like a close relative.
How much notice of their intention to take compassionate care leave must an
employee give?
At least 2 weeks written notice is to be given to the employer before compassionate
care leave is to begin. This notice should indicate the length of leave intended to be
taken.
A medical certificate from a medical practitioner or nurse practitioner is to be provided
stating the family member has a serious medical condition with a significant risk of
death within 26 weeks from the date the certificate is issued, or the day the leave
began, if leave began before the certificate was issued.
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Must an employee give written notice to change compassionate care leave?
At least 2 weeks written notice is to be provided to the employer for any change to the
intended length of leave, unless there is a valid reason why notice cannot be given.
Does an employee have to take all 28 weeks at one time?
No, the leave may be broken up but it must be taken in minimum blocks of 1 week.
What happens when the employee returns to work from compassionate care
leave?
Upon return to work an employee is to be placed in the same or similar position with
duties, benefits and wages they had prior to taking compassionate care leave.
What effect does being on compassionate care leave have on an employees
entitlements under the Labour Standards Act?
Unless the employer and employee agree otherwise, the period spent on
compassionate care leave does not count with respect to the accumulation of time for
the purposes of notice of termination, vacation entitlement, or other benefits under the
Act.
Is an employer required to keep an employee’s information relating to
compassionate care leave confidential?
Yes, an employer or a person employed by an employer is required to keep confidential
all information that comes to their knowledge in the administration of compassionate
care leave.
An employer or a person employed by an employer may disclose information relating to
an employee’s compassionate care leave with the consent of the employee. Information
may also be disclosed when required by the Labour Standards Act or other legislation.
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Critical Illness Leave
What is critical illness leave?
An unpaid leave of absence to provide care or support to a critically ill family member.
How long can critical illness leave last?
37 weeks to provide care or support to the critically ill child who is a family member;
however, the employee must limit the duration of the leave to that which is reasonably
necessary in the circumstances.
17 weeks to provide care or support to the critically ill adult who is a family member;
however, the employee must limit the duration of the leave to that which is reasonably
necessary in the circumstances.
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Who is eligible for critical illness leave?
An employee who has been employed by the same employer for at least 30 days
qualifies for critical illness leave.
For which family members can an employee take critical illness leave?
An employee may take critical illness leave to care for any of the following family
members of either the employee’s family or their spouses or cohabiting partner’s family:
child or step child
spouse or cohabiting partner
parent or step-parent
siblings or step-siblings
grandparents or step-grandparents
grandchildren and their spouse or cohabiting partner
“in-laws” either married or cohabiting
aunts, uncles, nephews, nieces and their spouses or common-law partners
current or former wards, and current or former guardians and their spouse or
cohabiting partner
Other than relatives or family members, are there other individuals for whom an
employee may take critical illness leave?
Yes, an employee may take critical illness leave to care for an individual not related to
them by blood, adoption, marriage, or cohabiting partnership, whom the employee or
the individual considers to be like a close relative.
What must an employee provide to verify that they are entitled to take critical
illness leave?
An employee must provide the employer with a medical certificate from a medical
practitioner or nurse practitioner as soon as possible. The certificate must:
state that the child or adult is critically ill and requires the care or support of the
employee
set out the period during which the child or adult requires that care or support
Must an employee give notice before beginning critical illness leave?
Yes. An employee must give written notice to his or her employer at least 2 weeks
before they intend to take the leave, unless there is a valid reason why that notice
cannot be given. The employee must include the length of leave they intend to take.
What happens when the employee returns to work from critical illness leave?
Upon return to work an employee is to be placed in the same or similar position with
duties, benefits and wages they had prior to taking critical illness leave.
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What effect does being on critical illness leave have on an employees
entitlements under the Labour Standards Act?
Unless the employer and employee agree otherwise, the period spent on critical illness
leave does not count with respect to the accumulation of time for the purposes of notice
of termination, vacation entitlement, or other benefits under the Act.
Is an employer required to keep an employee’s information relating to critical
illness leave confidential?
Yes, an employer or a person employed by an employer is required to keep confidential
all information that comes to their knowledge in the administration of critical illness
leave.
An employer or a person employed by an employer may disclose information relating to
an employee’s critical illness leave with the consent of the employee. Information may
also be disclosed when required by the Labour Standards Act or other legislation.
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Crime-Related Child Death or Disappearance Leave
What is crime-related child death or disappearance leave?
An unpaid leave of absence for the parent of a child who has disappeared or died and it
is probable, considering the circumstances that the child disappeared or died as a result
of a crime.
Who is eligible for crime-related child death or disappearance leave?
An employee who:
is the parent of a child who has disappeared or died and it is probable,
considering the circumstances, that the child disappeared or died as a result of a
crime
has been employed by the same employer for at least 30 days
An employee does not qualify if they are charged with the crime necessitating that leave
of absence.
Who is considered to be a parent for the purpose of crime-related child death or
disappearance leave?
A parent is:
a parent of a child
the spouse or cohabitating partner of a parent of a child
a person with whom a child has been placed for the purpose of adoption
a foster parent of a child
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25
a person who has the care or custody of a child, and is considered to be like a
close relative, whether or not that person is related to the child by blood or
adoption
How long can crime-related child death or disappearance leave last?
A parent may take up to 52 weeks in relation to the disappearance of a child and up to
104 weeks in relation to the death of a child; however, the employee must limit the
duration of the leave to that which is reasonably necessary in the circumstances.
What must an employee provide to their employer when taking crime-related child
death or disappearance leave?
An employee must provide the employer with reasonable verification of the necessity of
the leave as soon as possible.
Must an employee give notice before beginning crime-related child death or
disappearance leave?
Yes. An employee must give written notice to their employer at least 2 weeks before
they intend to take the leave, unless there is a valid reason why that notice cannot be
given. The employee must include the length of leave they intend to take.
What happens when the employee returns to work from crime-related child death
or disappearance leave?
Upon return to work an employee is to be placed in the same or similar position with
duties, benefits and wages they had prior to taking crime-related child death or
disappearance leave.
What effect does being on crime-related child death or disappearance leave have
on an employees entitlements under the Labour Standards Act?
Unless the employer and employee agree otherwise, the period spent on crime-related
child death or disappearance leave does not count with respect to the accumulation of
time for the purposes of notice of termination, vacation entitlement, or other benefits
under the Act.
Is an employer required to keep an employee’s information relating to crime-
related child death or disappearance leave confidential?
Yes, an employer or a person employed by an employer is required to keep confidential
all information that comes to their knowledge in the administration of crime-related child
death or disappearance leave.
An employer or a person employed by an employer may disclose information relating to
an employee’s crime-related child death or disappearance leave with the consent of the
employee. Information may also be disclosed when required by the Labour Standards
Act or other legislation.
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Reservist Leave
Who is eligible for reservist leave?
To qualify for the leave, an employee must:
be a member of the reserves
must have been employed by the employer for 6 consecutive months and
must be required to be absent from work for the purpose of active deployment or
training for active deployment
How much notice of their intention to take reservist leave must an employee give
to their employer?
The employee must give 60 days written notice to the employer of their intention to take
the leave and of their intention to return to work, including in this notice the date the
leave is to begin and end.
In circumstances beyond the control of the employee, where the full 60 days notice
cannot be provided, the employee should give as much notice as is reasonably
practical.
Must an employee give written notice to extend reservist leave?
Notice requesting to extend the end date of the reservist leave must be in writing.
Failure to provide sufficient notice, changing the date the leave is to end, may result in a
2 week or 1 pay period delay in re-employment, whichever is longer.
How long can reservist leave last?
The leave is to cover the reservist’s period of service and may be extended beyond the
date agreed upon if required and provided that written notice is given to the employer at
least 2 weeks or 1 pay period, whichever is longer, before the end date is given.
How often can a reservist take this leave?
The employee can take additional reservist leave; however, the start date for each
additional period of service must be at least 1 year after the date that the employee
returned to work from the most recent reservist leave.
What happens when the employee returns to work from reservist leave?
Upon return to work an employee is to be placed in the same or similar position with
duties, benefits and wages they had prior to taking reservist leave.
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What effect does being on reservist leave have on an employees entitlements
under the Labour Standards Act?
Unless the employer and employee agree otherwise, the period spent on reservist leave
does not count with respect to the accumulation of time for the purposes of notice of
termination, vacation entitlement, or other benefits under the Act.
Does an employer have to hold the employees job?
Upon return to work an employee is to be placed in the same or similar position with the
same duties, benefits and wages that they had prior to taking reservist leave.
Can an employer refuse to grant reservist leave citing “Undue Hardship”?
This matter may be meditated by the Labour Standards Division. Contact the Division
for more information.
Is an employer required to keep an employee’s information relating to reservist
leave confidential?
Yes, an employer or a person employed by an employer is required to keep confidential
all information that comes to their knowledge in the administration of reservist leave.
An employer or a person employed by an employer may disclose information relating to
an employee’s reservist leave with the consent of the employee. Information may also
be disclosed when required by the Labour Standards Act or other legislation.
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Family Violence Leave
What is family violence?
Family violence leave allows an employee time off from work to address issues arising
from family violence.
Family violence includes the following acts, against the employee or a person the
employee is a parent or caregiver, by a family member or someone the employee is or
has been in a relationship with:
assault
an intentional, reckless or threatened act or omission that causes bodily harm or
damage to property or causes a reasonable fear of bodily harm or damage to
property
physical confinement
sexual assault, sexual exploitation or sexual molestation or the threat of either
conduct that causes someone to fear for his or her safety
conduct that causes psychological or emotional harm or reasonable fear of that
harm to the individual or their child
conduct that controls, exploits or limits an individual access to financial resources
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the deprivation of food, clothing, medical attention, shelter, transportation or other
necessities of life
What can an employee use family violence leave for?
An employee can use family violence leave for either themselves or a person for whom
the employee is a parent or caregiver to seek and receive:
medical attention, counselling or other services from a health professional for
physical, psychological or emotional harm or an injury or disability that is a result
of the family violence
services provided by a transition house, a policing agency, the government of
Canada, the government of a province or municipality or any organization that
provides services to persons who have been directly or indirectly subjected to, a
victim of, impacted or seriously affected by family violence or have witnessed
family violence
legal services or assistance including services or assistance with respect to his or
her participation in or the enforcement of a legal proceeding relating to or as a
result of the family violence
The employee can also use family violence leave to move his or her place of residence.
Who is eligible for family violence leave?
An employee who has been employed with the same employer for 30 days and where
the employee or a person to whom the employee is a parent or caregiver has been
directly or indirectly subjected to family violence.
How many days of family violence leave can an employee take?
An employee can use 3 days of paid leave and 7 days unpaid leave in a year for family
violence.
Does an employee have to give notice before beginning family violence leave?
Yes, an employee who intends to take family violence leave has to give written notice to
their employer. The notice should include the length of time being requested and be given
to the employer as soon as possible, before the leave is to begin, unless there is a valid
reason why the notice cannot be given.
What must an employee provide to verify that they are entitled to take family
violence leave?
An employee may be required to provide the employer with reasonable verification of
the necessity of the leave.
Can an employee be terminated because they take this leave?
No. Employers cannot terminate an employee for taking or requesting family violence
leave.
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29
What effect does being on family violence leave have on an employee’s
entitlements under the Labour Standards Act?
Unless the employer and employee agree otherwise, the period spent on family
violence leave does not count with respect to the accumulation of time for the purposes
of notice of termination, vacation entitlement, or other benefits under the Act.
Is an employer required to keep an employee’s information relating to family
violence leave confidential?
Yes, an employer or a person employed by an employer is required to keep confidential
all information that comes to their knowledge in the administration of family violence
leave.
An employer or a person employed by an employer may disclose information relating to
an employee’s family violence leave with the consent of the employee. Information may
also be disclosed when required by the Labour Standards Act or other legislation.
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Communicable Disease Emergency Leave
Who is entitled to Communicable Disease Emergency Leave?
An employee is entitled to a leave of absence from employment without pay for the
following reasons related to a designated communicable disease:
the employee is under individual medical investigation, supervision or treatment;
the employee is acting in accordance with an order under the Public Health
Protection and Promotion Act;
the employee is in isolation or quarantine or is subject to a control measure,
including self-isolation, and the quarantine, isolation or control measure was
implemented as a result of information or directions related to a designated
communicable disease issued by the Chief Medical Officer of Health or the
Government;
the employee is under a direction given by his or her employer in response to a
concern of the employer that the employee may expose other individuals in the
workplace to a designated communicable disease;
the employee is providing care or support to a qualifying individual for a reason
related to a designated communicable disease that concerns that individual
including a school or child care service closure; and
the employee is directly affected by travel restrictions related to a designated
communicable disease and, under the circumstances cannot reasonably be
expected to travel back to the province.
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What must be provided to the employer to avail of Communicable Disease
Emergency Leave?
An employer may require an employee to provide reasonable evidence in the
circumstances that the employee is entitled to the leave, at a time that is reasonable in
the circumstances, but shall not require an employee to provide a certificate from a
medical practitioner or nurse practitioner as evidence.
For whom can an employee take communicable disease emergency leave to
provide care or support?
An employee is eligible for Communicable Disease Emergency Leave to provide care or
support for:
the employee's spouse;
a parent, step-parent or foster parent of the employee or the employee's spouse;
a child, step-child or foster child of the employee or the employee's spouse;
a child who is under legal guardianship of the employee or the employee's
spouse;
a brother, step-brother, sister or step-sister of the employee;
a grandparent, step-grandparent, grandchild or step-grandchild of the employee
or the employee's spouse;
a brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the
employee; and
a son-in-law or daughter-in-law of the employee or the employee's spouse.
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31
Termination of Employment
Notice Period
Does notice of termination of employment have to be given in writing?
Yes, the notice of termination has to be in writing if an employee has been employed for
3 months or more.
What is the period of written notice that has to be given by the employer and the
employee?
The period of notice to be given by either the employer or employee is based on
continuous years of service:
Period of employment
Less than 3 months
3 months up to 2 years
2 years but less than 5 years
5 years but less than 10 years
10 years but less than 15 years
15 or more years
May the vacation period form part of the notice period?
Unless both parties agree, the employer shall not require, nor shall the employee take
vacation as the notice period.
Is notice of termination required in the construction industry?
In some instances notice is not required in the construction industry.
Does notice have to be given if the employer is only temporarily laying off an
employee?
Yes, the same periods of advance written notice are required for termination of
employment and must be provided for any temporary layoff exceeding 1 week.
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Does the notice of termination provisions of the Labour Standards Act apply to
collective agreements and written contracts of service?
Yes, but only if the collective agreement or the written contract of service is silent on
notice, or if the period in the agreement or contract that is required to be given is not the
same for the employer and employee.
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Termination Without Notice
Can an employee quit without giving the required notice?
There are circumstances when an employee can quit without giving notice but before an
employee takes action, they should contact the Labour Standards Division. Some
examples of circumstances that would justify an employee terminating employment
without notice are:
If the employer has
o mistreated the employee
o acted in a manner that might endanger the health or wellbeing of the
employee
o breached a material condition in the contract of service that, in the opinion of
the Director, warrants notice not being given
the employee allows the employer to keep wages in lieu of notice
the person has been employed for less than 3 months
When may an employer terminate employment without giving notice?
Notice of termination is not required:
Where the employee
has willfully refused to obey a lawful instruction of the employer
committed misconduct
has been so neglectful of duty that the interest of the employer is adversely
affected
has breached a material condition of the contract of service that in the opinion of
the Director or the Labour Relations Board hearing a complaint, warrants
summary dismissal
is employed for a firm non-renewable term or for a specific task where the term
or task does not exceed 12 months and termination doesn't occur before the term
or task is completed
has been employed for less than 3 months
is to be laid-off for a period of 1 week or less
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When may an employer terminate employment without giving notice? Continued
Where the employer
pays the equivalent normal wages, including overtime earnings, in lieu of notice
(1 to 6 weeks pay, depending on the employees length of employment)
has to terminate an employee’s employment as a result of an unforeseen
economic or climatic conditions beyond the foreseeable control of the employer,
or as a result of a major breakdown or destruction of plant machinery or
equipment
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Termination and Pay
When must an employee whose employment has been terminated be paid any
wages they are owed?
Within 1 week from the date of termination, an employee must be paid:
all wages and vacation pay owing
pay in lieu of notice, if applicable
What is pay in lieu of notice?
Pay in lieu of notice is the payment of the employee's normal wages if the appropriate
written notice (depending on the employee's years of service) is not given upon
termination.
Can an employer withhold wages if an employee terminates employment without
notice?
If an employee does not provide proper written notice, the employer may with the
employee’s consent withhold the approved amount of wages in lieu of notice. If the
employee does not agree with the wages being withheld, either party can contact the
Labour Standards Division to have the matter addressed in accordance with the Act.
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Group Termination
What is a group termination of employment?
A group termination of employment is the termination of the employment of 50 or more
employees in a 4 week period.
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Are notice requirements different for a group termination?
Yes, the Act requires written notice of termination be given to each employee. The
periods of notice are:
8 weeks for 50 to less than 200 employees
12 weeks for 200 to less than 500 employees
16 weeks for 500 or more employees
Written notice must also be given to the Minister responsible for the Labour Standards
Act immediately after serving notice on the employees. In that notice, the Minister must
be made aware of the number of employees involved, the period of notice involved and
the reason for the mass termination of employment. If notice is not given to the Minister,
no action can be taken by the employer to terminate the services of those employees.
Although the employer provides a notice of intention to terminate the employees, the
employer must also give the written notice of termination within the specified time limits.
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Newfoundland and Labrador - Labour Standards
35
Employment of Children
Does the Act allow the employment of children?
Yes; however, the Labour Standards Act places some restriction on the employment of
children under the age of 16.
What restrictions are imposed by the Act on employers who employ children?
An employer is prohibited from employing a child who is under the age of 16 in
employment that is: likely to be unwholesome or harmful to the child's health or normal
development, or if it is going to hamper the child's attendance at school.
Additionally, an employer shall not employ a child under 16 to work:
for more than 8 hours a day
for more than 3 hours on a school day
on a day for a period that, when added to the time required for attendance at
school on that day, totals more than 8 hours
between 10p.m. of 1 day and 7a.m. of the following day
in circumstances that would prevent the child from obtaining a rest period of at
least 12 consecutive hours a day
in occupations that are prescribed as hazardous
An employer shall not employ a child under age 14 unless the work is prescribed in the
regulations under the Act. Also, an employer shall not employ a child while a strike by
employees or a lockout of employees by the employer is in progress.
What is the employer required to do prior to employing a child?
Before employing a person under the age of 16, an employer must obtain the written
consent of the parent or guardian. This consent must be kept as part of the record of the
employment and the age of the child shall be specified in the written consent.
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Records
Are employers required to issue a statement of earnings each pay day?
Yes, and it should contain the following information:
the start/end dates of the pay period
the rates of wages and number of hours worked at each rate during the period
the gross amount of wages earned for the pay period
the amount and purpose of each deduction made from the gross wages
the net amount of wages to which the employee is entitled for the pay period
if applicable, the amount of vacation pay included in the wages for the pay period
What payroll records must be kept by an employer?
Every employer must keep payroll records for each employee showing the following:
employee name
employee address
birth date of the employee
date of the start of the employment and the dates of a temporary lay-off or
termination
rates of wages
number of hours worked in each day
the amount paid showing all deductions made from wages paid
the date of annual vacation and the amount of vacation pay paid
the dates on which each 24 hour rest period is given
The employer is required to keep these records for a period of 4 years from the date of
the last entry.
All questions concerning Record of Employment (separation slip/lay-off slip) are to be
directed to the nearest Service Canada Centre at 18006226232.
What is the employer required to keep on record if they are employing a child?
Before employing a person under the age of 16, an employer must obtain the written
consent of the parent or guardian. This consent must be kept as part of the record of the
employment and the age shall be specified in the written consent.
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St. John’s Office
P.O. Box 8700
Confederation Building
St. John’s, NL, A1B 4J6
Telephone: 7097292742 / 2743
Fax: 7097293528
Corner Brook Office
P.O. Box 2006
1-3 Union Street
Corner Brook, NL, A2H 6J8
Telephone: 7096372364
Fax: 7096372931
Toll Free: 18775631063
Web Site: https://www.gov.nl.ca/ecc/labour/nonunion/