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Employment Law Issues (9:V)

71 bytes added, 17:24, 12 August 2019
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==== d) Compassionate Leave ====
As of April 27, 2006 the ''The ESA'' was amended to allow an employee to take up to eight 27 weeks of unpaid leave to care for a family member who is gravely ill and faces a significant risk of death within 26 weeks (s 52.1). The employee must provide a certificate from a medical practitioner stating that the family member faces significant risk of death. The eight weeks do not have to be taken consecutively, but they must be used within the 26-week period. If the family member is still alive after 26 weeks but still gravely ill, a further eight weeks can be taken; however, a new medical certificate must be provided by a medical practitioner. While on compassionate leave the employment is considered to be continuous. An employer must not terminate the employee, or change the conditions of employment while an employee is on compassionate leave, unless they obtain their written consent to do so. An employee may also qualify for a maximum of six weeks of pay through Employment Insurance for compassionate leave. For more information please refer to [[Introduction to Employment Insurance (8:I) | Chapter 8: Employment Insurance]].
==== e) Jury Duty ====
Under certain circumstances the ''ESA'' now allows unpaid leave for reservists in the Canadian Armed Forces (''ESA'', s 52.2).
==== g) Proposed Leave for Victims Respecting Disappearance or Death of Domestic Violence a Child ====
Bill M 235, the proposed Employment Standards (Domestic Violence Leave) Amendment Act, An employee is currently in first reading as of March of 2017. Although not in force, the Act in its current formulation proposes entitled to up to 10 days 52 weeks of paid unpaid leave relating to the disappearance or a child, and up to 17 104 weeks relating to the death of unpaid leave for specific purposes if an employee or the employee’s a child has experienced domestic or sexual violence(see ESA s. 52.3 and 52.4)
This amendment === h) Leave Respecting Domestic or Sexual Violence === An employee is not currently law at the time entitled to unpaid leave of publication of this manual. Howeverup to 10 days, plus an additional 15 weeks, if a claimant is adversely impacted at work required as a result of domestic or sexual violence, it to either the employee or an eligible person (i.e. child under the employee’s care) (see ESA s. 52.5)  === i) Critical Illness or Injury Leave === An employee is entitled to up to 36 weeks of unpaid leave to provide care to a good idea critically ill family member under 19 years of age, or up to check on the status 16 weeks of this law, unpaid leave to provide care for a critically ill family member who is over 19. (see if it may provide in the circumstancesESA s. 52.11)
=== 10. Professions with Special Provisions and Limited Exemptions under the Employment Standards Act ===
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