4th SESSION, 61st GENERAL ASSEMBLY
Province of Prince Edward Island
52 ELIZABETH II, 2003
BILL NO. 47
An Act to Amend the Employment Standards Act
Honourable Elmer E. MacFadyen
Minister of Community and Cultural Affairs
GOVERNMENT BILL
BERYL BUJOSEVICH
Queen’s Printer
Charlottetown, Prince Edward Island
For House
Use Only
Prince Edward Island
Legislative Assembly
ASSEMBLY / SESSION / YEAR
61st General /
4th
/
2003
AMENDMENTS
BILL NUMBER:
TITLE:
#
47
PAGE No.
of
PAGES
AN ACT TO AMEND THE EMPLOYMENT STANDARDS ACT
SECTION
NOTED
_______________________________
CLERK
_______________________________
LEGISLATIVE COUNSEL
AMENDMENT
CERTIFIED CORRECT:
_________________________________
CHAIRMAN, IN COMMITTEE
DATE
BILL NO. 47
2003
An Act to Amend the Employment Standards Act
BE IT ENACTED by the Lieutenant Governor and the Legislative
Assembly of the Province of Prince Edward Island as follows:
1. Section 1 of the Employment Standards Act R.S.P.E.I. 1988, Cap.
E-6.2 is amended by the addition of the following after clause (d):
(d.1) “extended family” means the grandparent, grandchild, brotherin-law, sister-in-law, mother-in-law, father-in-law, son-in-law or
daughter-in-law of an employee;
extended family
(d.2) “immediate family” means the spouse, common-law spouse,
child, parent, brother or sister of an employee;
immediate family
2. Subsection 6(1) of the Act is amended by the addition of the words
“, Remembrance Day” after the words “Labour Day”.
3. The Act is amended by the addition of the following after section
22:
FAMILY LEAVE
22.1 (1) Where an employee has been employed by an employer for a
continuous period of six months or more, the employer shall, at the
request of the employee, grant the employee leaves of absence without
pay of up to three days, in total, during a twelve calendar-month period
to meet responsibilities related to the health or care of a person who is a
member of the immediate family or extended family of the employee.
Family leave
(2) An employee who intends to take a leave of absence under
subsection (1) shall advise the employer of the employee’s intention to
take the leave, the commencement date of the leave and, subject to
subsection (1), the anticipated duration of the leave.
Details of leave to
employer
SICK LEAVE
22.2 (1) Where an employee has been employed by an employer for a
continuous period of six months or more, the employer shall, at the
request of the employee, grant the employee leaves of absence without
pay of up to three days, in total, during a twelve calendar-month period
for sick leave.
(2) Where an employee requests a leave of absence under subsection
(1) that is three consecutive calendar days in length, the employer may
1
Sick leave
Medical certificate
2
Bill No. 47
An Act to Amend the Employment Standards Act
2003
require the employee to provide the employer with a certificate signed by
a medical practitioner certifying that the employee is or was unable to
work due to illness or injury.
Details of leave to
employer
(3) An employee requesting leave under subsection (1) shall advise the
employer, subject to subsections (1) and (2), of the anticipated duration
of the leave.
4. Section 23 of the Act is amended by the repeal of subsections (1)
and (2) and the substitution of the following:
Leave without pay
23. (1) On the death of a member of the immediate family or extended
family of an employee, the employer of the employee shall grant to the
employee a leave of absence without pay of
(a) up to three consecutive calendar days, if the deceased person was
a member of the immediate family of the employee; or
(b) one day, if the deceased person was a member of the extended
family of the employee.
Timing of leave
(2) An employee may only take a leave of absence granted under this
section during the period of bereavement and, if the employee intends to
take such a leave of absence, the employee must commence the leave of
absence not later than the day of the funeral.
5. Clause 29(1)(a) of the Act is amended
(a) by the deletion of the word “and” after subclause (i);
(b) in subclause (ii), by the addition of the words “but less than
ten years” after the words “five years or more”;
(c) by the addition of the following after subclause (ii):
(iii) six weeks notice, where the employee has been employed by
the employer for a continuous period of 10 years or more but less
than 15 years, or
(iv) eight weeks notice, where the employee has been employed
by the employer for a continuous period of 15 years or more;
6. This Act comes into force on a date that may be fixed by
proclamation of the Lieutenant Governor in Council.
2
2003
An Act to Amend the Employment Standards Act
Bill No. 47
EXPLANATORY NOTES
SECTION 1 adds definitions for the “extended family” and “immediate
family” of an employee.
SECTION 2 adds Remembrance Day to the list of paid holidays.
SECTION 3 adds an unpaid three-day family leave period and an unpaid
three-day sick leave period for employees who have worked for an
employer for at least six months.
SECTION 4 clarifies the circumstances under which bereavement leave
may be taken.
SECTION 5 adds provisions whereby employees with 10 to 15 years of
continuous employment are entitled to six weeks notice of termination of
employment, while employees with more than 15 years are entitled to
eight weeks notice.
SECTION 6 provides for the commencement of this Act.
3
3
BILL NO. 47
An Act to Amend the Employment Standards Act
STAGE:
DATE:
1st Reading:
May 14, 2003
2nd Reading:
To Committee:
Reported:
3rd Reading and Pass:
Assent:
Honourable Elmer E. MacFadyen
Minister of Community and Cultural Affairs
GOVERNMENT BILL
2003
4th SESSION, 61st GENERAL ASSEMBLY