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Leave of Absence in Nova Scotia
Leave of absence provisions in Nova Scotia’s Labour Standards Code recognize that life events sometimes require employees to take time away from work. These leaves provide job protection so employees can address personal matters while maintaining their employment status.
This guide is a part of our Leave of Absence in Canada series. It outlines the various types of leaves available to employees in Nova Scotia, eligibility requirements, duration of leaves, notice requirements, and your rights when returning to work. Understanding these provisions ensures both employers and employees know their rights and responsibilities under Nova Scotia’s labour laws.
Protected Leaves under Nova Scotia Labour Standards Code
Protected leave of absence in Nova Scotia comes with specific protections and obligations for both employers and employees. These fundamental provisions apply to most types of leaves.
When you take a protected leave, your employer must allow you to maintain any benefit plans to which you belong at your own expense. They must also reinstate you to the same position you held before the leave began, or if that position is unavailable, to a comparable position with no loss of seniority or benefits.
Employers must maintain confidentiality regarding any information they receive about your protected leave. This information can only be shared with your consent, with employees who need it to perform their jobs, or when legally required.
What are the Different Types of Leaves in Nova Scotia?
Nova Scotia’s Labour Standards Code provides for 13 different types of leaves: pregnancy, parental, end of pregnancy, reservist, compassionate care, critically ill child care, critically ill adult care, domestic violence, crime-related death or disappearance, emergency, sick, bereavement, and court leave. Each serves different circumstances and comes with specific provisions.
Pregnancy and Parental Leaves in Nova Scotia
Pregnancy and parental leaves allow employees to take time off work for the birth or adoption of a child while providing job protection.
Pregnancy leave in Nova Scotia is an unpaid leave of up to 16 weeks available to pregnant employees. The leave can begin up to 16 weeks before the expected delivery date but cannot begin later than the actual delivery date. Employees must have worked for their employer for a sufficient period to qualify and must provide 4 weeks’ notice before taking the leave when possible.
Parental leave allows parents to take up to 77 weeks of unpaid leave following the birth or adoption of a child. If an employee has also taken pregnancy leave, the parental leave must begin immediately after the pregnancy leave ends, with no return to work between the two leaves. The combined pregnancy and parental leaves cannot exceed 77 weeks total (maximum 16 weeks pregnancy leave + 61 weeks parental leave).
For employees who aren’t taking pregnancy leave, parental leave can be taken within 18 months after the child is born or arrives in the home. The right to take this leave expires if not taken within that 18-month period.
How can you take pregnancy or parental leave in Nova Scotia?
To take pregnancy or parental leave, you must give your employer at least 4 weeks’ notice before starting the leave. Your notice should include the date the leave will begin and when you plan to return to work if it is earlier than the maximum leave time. If you cannot provide 4 weeks’ notice due to unforeseen circumstances (such as early birth or unexpected adoption placement), you must give as much notice as possible.
Your employer may request proof of entitlement for pregnancy or parental leave, such as a medical certificate from a doctor or documentation from an adoption worker.
Are pregnancy and parental leaves paid in Nova Scotia?
Pregnancy and parental leaves under the Nova Scotia Labour Standards Code are unpaid. However, eligible employees may qualify for maternity and parental benefits through the federal Employment Insurance program. Contact Service Canada for details about these benefits. Additionally, some employment contracts or benefit plans may provide supplementary coverage during these leaves.
When you return to work after pregnancy and/or parental leave, your employer must allow you to return to the same position or, if that position is no longer available, to a comparable position with no loss of seniority or benefits.
Leave for End of Pregnancy in Nova Scotia
End of pregnancy leave is a relatively new provision in Nova Scotia, coming into effect on January 1, 2023. It is an unpaid leave of absence for employees who experience an end of pregnancy that does not result in a live birth. The duration of end of pregnancy leave depends on when the pregnancy ends:
- If the pregnancy ends before completing week 19: up to 5 consecutive working days of unpaid leave
- If the pregnancy ends after completing week 19, up to 16 consecutive weeks of unpaid leave
If the pregnancy ends while the employee is already on pregnancy leave and they have taken more than 10 weeks of pregnancy leave, they are entitled to up to 6 additional weeks of unpaid leave from the day the pregnancy ended. The total leave cannot exceed 16 weeks, or 6 weeks, if the employee was on pregnancy leave for more than 10 weeks when the pregnancy ended.
Source: Pregnancy Leave, Leave for End of Pregnancy and Parental Leave, Government of Nova Scotia
Sick Leaves in Nova Scotia
Under the Nova Scotia Labour Standards Code, employees are entitled to up to 5 unpaid sick days each year for personal illness or injury. Additionally, employees can take up to 3 unpaid days of family responsibility leave annually to care for a sick family member or to attend medical or dental appointments for themselves or family members.
Some employers may provide additional sick benefits beyond these minimum requirements. For extended illnesses, eligible employees may qualify for up to 26 weeks of federal Employment Insurance sickness benefits (for claims made on or after December 18, 2022).
When can my employer require a medical certificate?
The Patient Access to Care Act, which includes the Medical Certificates for Employee Absence Act, limits when employers can require medical notes and broadens the scope of healthcare professionals who can provide them.
An employer cannot require a medical note unless:
- The employee has missed more than 5 consecutive working days due to sickness or injury, or
- The employee has already had at least 2 non-consecutive absences of 5 or fewer days due to sickness or injury in the preceding 12-month period
Employers must accept medical certificates from various qualified health professionals, not just physicians.
Source: Sick Leave and Family Responsibility Leave, Government of Nova Scotia
What is serious illness or injury leave in Nova Scotia?
Serious illness or injury leave provides up to 27 weeks of unpaid leave for employees diagnosed with a serious illness or injury. To qualify, you must have been employed for at least 3 months.
Leave begins either on the day of diagnosis or, if it began before diagnosis, on the first day it was taken. This leave can be broken into multiple periods of at least one week in length but cannot exceed 27 weeks in any 52-week period.
If the leave is broken into 4 or more non-consecutive periods, you are not eligible for subsequent leave for 6 months after the last day of the most recent leave period unless you and your employer agree otherwise.
To take this leave, you must notify your employer in writing as soon as possible. Your employer may request that you complete a form from the Labour Standards Division to verify your entitlement to the leave.
Source: Serious Illness or Injury Leave, Government of Nova Scotia
Domestic Violence Leave in Nova Scotia
Domestic violence leave allows employees experiencing domestic violence or whose child (under 18) is experiencing domestic violence to take time off work. Under the Labour Standards Code, domestic violence is broadly defined as acts of abuse that can be physical, sexual, emotional, or psychological, including coercion, stalking, harassment, or financial control.
This leave applies to various relationship situations, including:
- Current or former intimate partners
- Parents and children
- Minors or adults living with the employee who is related by blood, marriage, adoption, or foster care
- A child’s (under 18) current or former intimate partner or someone living with the child
To qualify, employees must have worked with their employer for at least 3 months.
Domestic violence leave provides:
- Up to 10 days per calendar year, which can be taken intermittently or consecutively
- Up to 16 consecutive weeks per calendar year
Importantly, up to 3 days of this leave must be paid by the employer. The remaining days are unpaid.
Are there resources available for domestic violence situations?
Yes, resources are available to help understand domestic violence leave provisions. The Nova Scotia Labour Standards Division offers a free online public education course about domestic violence leave that takes approximately 20 minutes to complete. Informational brochures are also available.
| Type of Domestic Violence Leave | Duration | Payment Status | Notice Requirement |
|---|---|---|---|
| Short-term leave | Up to 10 days per year (can be intermittent) | As soon as possible, with 14 days’ notice to end early | As soon as possible |
| Extended leave | Up to 16 consecutive weeks per year | Unpaid | As soon as possible, with 14 days notice to end early |
Family Care Leaves in Nova Scotia
Nova Scotia provides several leaves designed to allow employees to care for family members in various health situations, from critical illness to end-of-life care.
Compassionate care leave in Nova Scotia
Compassionate care leave allows employees to take up to 28 weeks of unpaid leave to provide care or support to a family member who has a serious medical condition and is significantly risked dying within 26 weeks. To qualify, employees must have worked for their employer for at least 3 months.
A medical certificate from a qualified practitioner must confirm that the family member has a serious medical condition with a significant risk of death within 26 weeks. This leave is specifically intended to provide what is likely to be end-of-life care.
The 28 weeks of leave must be taken within a 52-week timeframe, which begins on the first day of the week the certificate is issued or, if the leave began before the certificate was issued, the first day of the week the leave began. The leave can be broken into periods of at least one week during this timeframe.
The definition of “family member” for compassionate care leave is broad and includes:
- Immediate and extended family members
- A person who considers the employee to be like family or who the employee considers to be like family
Critically ill childcare leave in Nova Scotia
Critically ill child care leave allows employees to take up to 37 weeks of unpaid leave to provide care and support to a critically ill child (under 18) who is a family member or like family. To qualify, employees must have worked for their employer for at least 3 months.
A qualified medical practitioner must issue a certificate stating that the child has a critical illness (defined as a life-threatening illness or injury under federal Employment Insurance regulations) and specifying the period for which the child needs care.
The leave must be taken within a 52-week timeframe, beginning on the first day of the week the child became critically ill. It can be broken into periods of at least one week during this timeframe.
Critically ill adult care leave in Nova Scotia
Critically ill adult care leave allows employees to take up to 16 weeks of unpaid leave to provide care and support to a critically ill adult (18 or older) who is a family member or like family. To qualify, employees must have worked for their employer for at least 3 months.
Similar to critically ill child care leave, a qualified medical practitioner must issue a certificate stating that the adult has a critical illness and specifying the period for which they need care.
Leave must be taken within a 52-week timeframe, beginning on the first day of the week the adult becomes critically ill. It can be broken into periods of at least one week during this timeframe.
An employee might take critically ill adult leave when a family member develops a life-threatening condition and then later take compassionate care leave if the family member’s condition worsens to the point that they may die within 26 weeks. Employees may qualify for family caregiver benefits under the federal Employment Insurance program.
| Leave Type | Maximum Duration | Family Member | Medical Condition | EI Benefits Available |
|---|---|---|---|---|
| Compassionate Care | 28 weeks | Any age | Serious condition with significant risk of death within 26 weeks | Yes, up to 26 weeks |
| Critically Ill Child | 37 weeks | Under 18 | Life-threatening illness or injury | Yes, up to 35 weeks |
| Critically Ill Adult | 16 weeks | 18 or older | Life-threatening illness or injury | Yes, up to 15 weeks |
Bereavement in Nova Scotia
Nova Scotia provides leave provisions for employees dealing with the death of family members.
Bereavement leave allows employees to take up to 5 consecutive working days of unpaid leave following the death of a close family member. Employees must give their employer as much notice as possible when taking bereavement leave.
Crime-related death or disappearance leave in Nova Scotia
Crime-related death or disappearance leave provides unpaid leave for parents and guardians facing the death or disappearance of their child (under 18) resulting from a probable crime. To qualify, employees must have worked with the same employer for at least 3 months.
This leave provides:
- Up to 52 consecutive weeks of unpaid leave if a child has disappeared
- Up to 104 consecutive weeks of unpaid leave if a child has died
The leave is not available to employees who have been charged with a crime related to the child’s death or disappearance.
If a missing child is found alive during the 52-week leave period, the employee can continue the leave for 14 more days. If the child is found dead, the disappearance leave ends immediately, and the employee can start 104 weeks of leave related to the death.
If it is determined that the death or disappearance is no longer likely the result of a crime, the employee can continue the leave for 14 more days and must notify the employer of their return to work as soon as possible.
Source: Crime-related Child Death or Disappearance Leave, Halifax
Civic Duty and Other Leaves in Nova Scotia
Nova Scotia provides several leaves related to civic duties and other important life events.
Court leave in Nova Scotia
Court leave allows employees to take unpaid leave if they must serve on a jury or appear as a witness in court. Employees must give their employer as much notice as possible when taking court leave.
Citizenship ceremony leave in Nova Scotia
Citizenship ceremony leave provides up to one day of unpaid leave to attend a citizenship ceremony. Employees should give their employer 14 days’ notice if possible or as much notice as reasonably possible. Employers may request proof of the citizenship ceremony date, such as the “Notice to Appear” from Citizenship and Immigration Canada.
Reservist leave in Nova Scotia
Reservist leave is available for employees who serve in the Canadian Forces Reserve Force and need time off from their civilian employment. To qualify, employees must have worked for their employer for at least 3 months. The leave cannot exceed 24 months in any 60-month period, except during a national emergency.
Emergency leave in Nova Scotia
Emergency leave is available when employees cannot work due to:
- An emergency declared under the Emergency Management Act
- A direction or order from a medical officer or a public health emergency declared under the Health Protection Act
- An emergency declared under the federal Emergencies Act
Employees can also take this leave if they need to care for a family member affected by one of these emergencies and are the only person who can reasonably provide that care. The leave lasts as long as the emergency prevents the employee from working. If an employee can perform their work remotely, the leave does not apply.
Source: Leaves of absence and breaks, Legal Info Nova Scotia
What EI benefits are available during leaves in Nova Scotia?
Certain federal Employment Insurance (EI) benefits may be available to support employees during unpaid leaves:
- Maternity and parental benefits: For pregnancy and parental leaves
- Sickness benefits: Up to 26 weeks for claims made on or after December 18, 2022
- Compassionate care benefits: Up to 26 weeks
- Family caregiver benefits: Up to 35 weeks for critically ill children and up to 15 weeks for critically ill adults
Check out our guides on key leaves, rights and obligations in other provinces, including:
- Leave of Absence in Alberta
- Leave of Absence in Ontario
- Leave of Absence in New Brunswick
- Leave of Absence in British Columbia
FAQs on Leave of Absence in Nova Scotia
Are adoptive parents entitled to parental leave?
Yes, adoptive parents are entitled to the same parental leave benefits as birth parents. They can take up to 77 weeks of unpaid leave within 18 months of the child's arrival in their home. The same notice requirements apply, though if the adoption occurs sooner than expected, employees should give as much notice as possible.
Can I be fired for taking a leave in Nova Scotia?
No, it is against the law for an employer to fire, layoff, or discriminate against an employee because they have taken, said they intend to take, or the employer believes they may take a leave permitted under the Labour Standards Code.
What are my rights when returning from leave?
When returning from a protected leave, your employer must: - Reinstate you to the same position you held immediately before the leave began, or - If that position is unavailable, place you in a comparable position with no loss of seniority or benefits This protection applies to all protected leaves under the Labour Standards Code.
The Bottom Line
Remember that most leaves in Nova Scotia are unpaid, though some exceptions exist, such as the partially paid domestic violence leave. While on leave, you maintain important job protections, including the right to return to your position or a comparable one and the option to continue your benefits plans at your own expense.
For many leaves, federal Employment Insurance benefits may provide financial support during your time away from work. Always check with Service Canada about your eligibility for these benefits when planning your leave. or complex situations or personalized advice, consider consulting with an employment lawyer who specializes in Nova Scotia labour law.