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Normandin Beaudry

Minimum requirements with respect to annual leave with pay, statutory general holidays and leave for family events

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There, in black and white

NB Bulletin Vol. 5 N. 3, April 2002

Each province has an equivalent to the Act respecting Labour Standards (Quebec) which sets minimum provincial requirements with respect to labour conditions. In this issue¸ we look at minimum requirements under each of these laws regarding annual leave with pay¸ statutory general holidays and leave for family events.

Employees may be subject to provincial or federal labour standards depending on the type of work they do. Provincial and territorial labour legislation applies to 90% of the Canadian labour force. The Canada Labour Code applies to approximately 10% of the Canadian workforce. It applies only to employment under federal jurisdiction (e.g.¸ interprovincial or international transportation¸ banking¸ radio or television broadcasting).

The following table shows the minimum legal requirements applicable under the law in terms of the number of weeks of annual leave with pay. These minimums vary depending on the employee´s credited service. 


As for conditions associated with eligibility¸ the Act respecting Labour Standards (Quebec) stipulates that the employer must allow the employee to take vacation days earned in any one reference year in the 12 months following the end of said reference year. 

The following table summarizes the minimum legal requirements applicable to statutory general holidays: 

Provincial and federal legislation also include minimum requirements with respect to leaves for family events¸ namely¸ death¸ marriage¸ birth and adoption. The following table lists minimum leave required by law in case of death

Only the Quebec labour standards specify minimum employee leave requirements in case of marriage¸ birth or adoption. For the other provinces and territories¸ the labour standards do not mention such leave.

The following table shows the minimum leave that must be granted to employees by law in case of marriage¸ birth or adoption:

The minimum requirements outlined in this issue are those applicable as of March 2002. Several provinces have¸ in fact¸ undertaken to revise their labour standards. In British Colombia¸ the government reviewed employment standards by holding public consultation at the end of year 2001. Legislative changes are targeted for spring 2002. In Ontario¸ the new Employment Standards Act¸ 2000 came into effect on September 4¸ 2001¸ introducing the first amendments to Ontario´s labour standards in over two decades. In June 2000¸ Newfoundland published 45 recommendations regarding amendments to be made to its provincial standards. No changes have been done yet.

 

Please feel free to contact us for additional information.

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