Job-Protected Leave for Gender-Based Violence

Summary#

• This bill adds a new job‑protected leave for Nova Scotians who face gender‑based violence. It sets who can take the leave, how long it can last, what it can be used for, and what notice or proof an employer can ask for.

• It also requires regulations so employers must pay up to 10 days for this new leave and for an existing leave under Section 60Z.

• Key changes:

  • Creates unpaid leave for victims of gender‑based violence: up to 10 days each year (can be taken in pieces or all at once) plus up to 16 weeks in a row.
  • Defines “gender‑based violence” broadly, including physical, sexual, emotional, or psychological abuse, as well as coercion, stalking, harassment (including sexual harassment), or financial control, based on gender, gender identity, gender expression, or perceived gender.
  • Lists allowed uses: get medical care, counselling, victim‑services help, move to safety, or seek legal/law‑enforcement help (including preparing for or going to court).
  • Lets employers request basic information and supporting documents, but only as set by future regulations and what is reasonable.
  • Adds the new leave to the general protections that already apply to other leaves under the Labour Standards Code (for example, job protection).
  • Requires regulations so employers must pay for up to 10 days of leave under Section 60Z and the new gender‑based violence leave.

What it means for you#

• Workers

  • If you have worked for your employer at least three months, you can take this leave if you experience gender‑based violence.
  • You can use up to 10 days per calendar year, in short blocks or all at once, and up to 16 weeks in a row if needed.
  • You can use the leave to see a doctor or counsellor, get help from victim services or police, move to a safer place, or deal with legal steps.
  • Once regulations are updated, your employer must pay you for up to 10 days of this leave each year. The longer 16‑week period remains unpaid.
  • If you take only part of a day, your employer can count it as one full leave day, but must pay you for any hours you did work that day.
  • Tell your employer in writing as soon as you can about when the leave will start and end. If you must leave suddenly, tell them as soon as possible after.
  • Try, where reasonable, to book appointments outside work hours.
  • You can end the 10‑day leave early with notice. For the 16‑week leave, you can return early by giving at least 14 days’ written notice (or as much notice as you reasonably can if fewer than 14 days remain).

• Employers

  • Must allow eligible employees to take this job‑protected leave and follow the same general rules that apply to other leaves under the Code.
  • Can count any part‑day taken as one leave day but must pay for any time worked that day.
  • May ask the employee to identify the purpose (from the allowed list) and provide supporting information—but only if and as permitted by upcoming regulations, and only what is reasonable if no regulation applies yet.
  • Once regulations are updated, must pay employees for up to 10 days per year when they take this leave (and up to 10 days for the existing leave under Section 60Z).
  • If the employee’s documentation shows a different leave length than first expected, the documented length takes priority.

• Victim services and support providers

  • May see more clients referred by workplaces.
  • Could be asked to provide simple confirmation documents, depending on future regulations.

Expenses#

• No publicly available information.
• Likely effects:
  • Employers would face added payroll costs for up to 10 paid days per affected employee each year, once regulations take effect.
  • The Province may have modest costs to update and enforce labour standards rules.

Proponents' View#

• Gives people facing abuse time and safety without risking their job.
• Paid days remove a key barrier, so victims can seek help, move, or go to court without losing income.
• Covers more than domestic violence by including harassment, stalking, and abuse tied to gender identity or expression.
• Aligns with protections in other provinces and modernizes language to be inclusive.
• Clear rules on notice and documentation help balance privacy with workplace planning.

Opponents' View#

• Paid leave could raise costs for small and mid‑sized businesses, especially if multiple staff are affected.
• Short‑notice absences may be hard to cover in small teams or customer‑facing roles.
• Some employers worry about unclear documentation rules until regulations are set.
• There may be overlap or confusion with existing leaves, creating administrative complexity.