Research Scan on Domestic Violence Leave in the Workplace in Canada: 2021 Edition
Report submitted at the annual Federal-Provincial-Territorial meeting of Ministers responsible for the Status of Women, December 2021.
Report revised Summer-Autumn 2021
Prepared by the Gender-Based Violence Directorate, Women and Gender Equality Canada
Table of Contents
Overview
Research Scan on Domestic Violence Leave in the Workplace in Canada
The following is a synopsis of what Canadian provinces and territories have in place with regards to domestic violence leave, be it legislation pending, legislation currently in place, no plans for this type of legislation, paid leave, unpaid leave, and, if leave is offered, its length and stipulations.
In addition, information and sources of information may vary from one province or territory to another. This document is meant to be an evergreen document based on each specific jurisdiction family violence leave in province and territory.
A first edition was produced in 2019 and was then updated during the summer 2021. The report was submitted to the provincial and territorial members of the Federal-Provincial-Territorial Gender-Based Violence and Access to Justice Task Team in November 2021.
Government of Canada at a glance
Legislation
The federal government of Canada introduced Bill C-63, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017, and other measures which amended the Canada Labour Code to add the leave for victims of family violence. It received royal assent on December 14, 2017.
A second bill was introduced in October 2018, Bill C-86,A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures amended the leave for victims of family violence to provide that the first five days the leave is taken be paid. It received royal assent on December 13, 2018, and the amendments came into force by order of the Governor in Council on September 1, 2019.
Employee eligibility
An employee who is a victim of family violence or who is the parent of a child who is a victim of family violence is entitled to a leave of absence, however, if the employee has completed three consecutive months of continuous employment with the employer, the employee is entitled to the first five days of the leave with pay at their regular rate of wages for their normal hours of work, and such pay shall for all purposes be considered to be wages.
An employee is not entitled to a leave of absence with respect to any act of family violence if the employee is charged with an offence related to that act or if it is probable, considering the circumstances, that the employee committed that act.
Domestic violence and services
The leave can be taken to seek medication attention for physical or psychological injury or disability; obtain services from related organization(s); obtain psychological or other professional counselling; relocate temporarily or permanently; or seek legal or law enforcement assistance or prepare for or participate in civil or criminal legal proceedings.
Length of leave
An employee who is a victim of family violence or who is the parent of a child who is a victim of family violence is eligible for up to 10 unpaid days in every calendar year.
Giving notice
The employer may request documentation to support the reasons for the leave, in writing, and no later than 15 days after an employee’s return to work.
Terms and conditions of employment protected
For the purposes of this document, the information was not found at this time, however, this does not mean it does not exist.
For more information, consult: Canada Labour Code: Leave for Victims of Family violence
Provinces at a glance
Alberta
Legislation
The province of Alberta introduced in 2017, Bill 17, The Fair and Family-Friendly Workplaces Act, which allowed for amendments to the Province’s Employment Standards Act. These amendments came into effect in January 2018.
Employee eligibility
Employees are eligible for domestic violence leave if they have been employed at least 90 days with the same employer. Employees with less than 90 days of employment may still be granted leave. However, their employers aren’t required under employment standards legislation to grant them leave. Employees are eligible for domestic violence leave if an act of domestic violence occurs to: the employee, the employee’s dependent child, a protected adult living with the employee.
Domestic violence and services
To be an act of domestic violence, the act must be caused by a person who: is or has been married to the employee, is or has resided together in an intimate relationship, is or has been an adult interdependent partner, is or has been dating the employee, is the biological or adoptive parent of a child with the employee, is related to the employee by blood, marriage, adoption or an adult interdependent relationship, is residing with the employee and has care and custody over the employee by court order.
The following are considered acts of domestic violence: any intentional or reckless action that causes injury or property damage while intimidating or harming a person, any act or threat that intimidates a person by creating a reasonable fear for property damage or personal injury, psychological or emotional abuse, forced confinement, sexual contact that is coerced by force or threat, stalking.
An employee may take domestic violence leave for the following purposes: to allow the employee, employee’s dependent child or a protected adult to seek medical attention for physical or psychological injury caused by domestic violence, to obtain services from a victim services organization, to allow the employee, employee’s dependent child or a protected adult to obtain psychological or other professional counselling, to relocate (temporarily or permanently), to seek legal or law enforcement assistance, including time relating to legal proceedings.
Length of leave
Employees eligible for domestic violence leave may take up to 10 days unpaid for the leave each calendar year. Any leave days not used by an employee cannot be carried over into a new calendar year.
Giving notice
An employee must give an employer notice as soon as is reasonable before taking a leave.
Terms and conditions of employment protected
An employer may not terminate the employment or lay off an employee for requesting or while on domestic violence leave. Any leave days not used by an employee do not have to be paid out by the employer if employment terminates.
For more information, consult: Alberta’s Employment Standards Rules: Domestic violence leave
British Columbia
Legislation
British Colombia’s Government introduced the private members bill in 2016, the Employment Standards Act. It was amended in 2019 via Bill-8, Employment Standards Amendment Act 2019 and received royal assent on May 30, 2019 and further amended in 2020 via Bill-5, Employment Standards Act 2020 which received royal assent on August 14, 2020.
Employee eligibility
The right to leave respecting domestic violence is available to all eligible employees regardless of how long they have been employed. The leave is a statutory entitlement, not something that may or may not be granted at the discretion of the employer.
Domestic violence and services
All employees are entitled to leave to seek medical attention, counselling or other social or psychological services, or legal advice, or to seek new housing if they or an eligible person has experienced domestic violence.
Length of leave
All employees are entitled to up to 5 days of paid leave and 5 days of additional unpaid leave. If necessary, an employee can take up to 15 weeks of additional unpaid leave. Employees can take intermittent hours, partial or full days. The leave does not have to be taken all at once. An average day’s pay is calculated by dividing the amount paid or payable in the 30 calendar days before the leave by the number of days worked.
Giving notice
Employees must request leave from their employer and follow the normal processes for requesting leave. Advance notice is not required.
Employers have the right to be satisfied of the entitlement to the leave to better support the employee, as well as to ensure the leave is administered properly. If the employer asks for information to support the leave, the employee must provide it as soon as practicable – it does not have to be right away.
Terms and conditions of employment protected
Section 54 provides that an employer cannot terminate an employee or change a condition of employment without the employee's written consent as a result of a leave under Part 6. See also section 56 for an explanation of the effects of leave under this part on employment and benefit payments. If the employer's business operations have been suspended or discontinued at the time the employee's leave ends, the employer must comply with s.54(2) when operations resume.
In the event of a contravention under this Part 6 of the Act, the director may order a remedy in a determination under s. 79(2). The determination will include an escalating monetary penalty, subject to s.98.
Where there is a collective agreement, disputes respecting the application, interpretation or operation of Part 6 must be resolved through the grievance procedure, not through the enforcement provisions of the Act.
For more information, consult: British Colombia’s Guide to the Employment Standards Act and Regulation: Leave respecting Domestic Violence or Sexual Violence
Manitoba
Legislation
The Employment Standards Code was amended June 1, 2016, by Bill 8, The Employment Standards Code Amendment Act (Leave for Victims of Domestic Violence, Leave for Serious Injury or Illness and Extension of Compassionate Care Leave), to include Domestic Violence Leave. It was further amended on December 5, 2019, to expand “domestic violence leave” to “interpersonal violence leave”. Manitoba was the first province to legislate leave of this type when the initial domestic violence leave amendments were passed on June 1, 2016.
Employee eligibility
Employees who are victims of interpersonal violence, or have dependents who are victims of interpersonal violence, are entitled to take the leave after they have worked for the same employer for at least 90 days.
Domestic violence and services
Interpersonal violence includes domestic violence, sexual violence, and stalking.
Employees may take an interpersonal violence leave for one or more of the following purposes as they relate to the employee or to a dependant who has witnessed or been harmed by interpersonal violence: to seek medical attention in respect of a physical or psychological injury or disability, to obtain services from a victim services organization, to obtain psychological or other professional counselling, to relocate temporarily or permanently, to seek legal or law enforcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the interpersonal violence; or any other purposes prescribed in the regulation.
Length of leave
There are two parts to interpersonal violence leave. One part of the leave allows employees to take up to 10 days consecutively or on an intermittent basis in a 52-week period, as needed by the employee. The other part allows employees to take up to 17 weeks in a 52-week period in one continuous period. Employees are entitled to be paid for up to five days of domestic violence leave in a 52-week period.
Giving notice
Employees must provide reasonable verification of the need for the leave when taking paid days. Employers may also require an employee to provide verification for unpaid days of leave.
Terms and conditions of employment protected
Employers cannot terminate or lay-off employees because they have taken or requested a leave. Employers may not discriminate or attempt to punish employees for taking a leave. However, if the job is no longer available, they must be given a similar position with the same or greater benefits and pay.
For more information, consult: Manitoba’s Employment Standards: A summary of Leave of Absence Options
New Brunswick
Legislation
On January 22, 2018, the New Brunswick Government announced its plans to modernize employment standards to include domestic violence leave. Bill 44, An Act to Amend the Employment Standards Act was introduced on February 2, 2018 and received Royal Assent on March 16, 2018. It amends the Employment Standards Act to provide leave for persons subject to domestic, intimate partner or sexual violence, and provides unpaid leave provisions.
Employee eligibility
The employee requesting the leave must have been in the employ of the employer for more than 90 days.
Domestic violence and services
The employee or a child of the employee is a victim of domestic violence, intimate partner violence or sexual violence, and the leave of absence is taken for any of the following purposes: to seek medical attention for the employee or the child of the employee for a physical or psychological injury or disability caused by the domestic violence, intimate partner violence or sexual violence, to obtain victim services for the employee or the child of the employee from a qualified person or organization, to obtain psychological or other counseling from a qualified person for the employee or the child of the employee, to relocate temporarily or permanently, to seek legal or law enforcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence, intimate partner violence or sexual violence; and for any other purposes related to or resulting from the domestic violence, intimate partner violence or sexual violence.
Length of leave
Employers are required to grant the employee leaves of absence in each calendar year, not to exceed the total of the following: up to 10 days, which the employee may take intermittently or in one continuous period, and up to 16 weeks in one continuous period. The first five days of this leave are paid and the balance of leave is unpaid leave.
Giving notice
When the employee advises the employer of his or her intention to take a leave of absence, the employee shall provide the employer in writing with the purposes for which the leave is to be taken, with reference to one or more of the above specific purposes.
Terms and conditions of employment protected
For the purposes of this document, the information was not found at this time, however, this does not mean it does not exist.
For more information, consult: New Brunswick’s Employment Standards: Other Employment Standards Leaves
Newfoundland and Labrador
Legislation
Newfoundland and Labrador introduced on October 30 2018, An Act to Amend the Labour Standards Act. It received Royal Assent on December 5, 2018 and came into force January 2, 2019.
Employee eligibility
An employee, having been employed with the same employer for a continuous period of 30 days, shall be granted by his or her employer a period of family violence leave.
Domestic violence and services
An employee is entitled to this leave if the employee or a person to whom the employee is a parent or caregiver has been directly or indirectly subjected to, a victim of, impacted or seriously affected by family violence or has witnessed family violence by a person who is or has been a family member, a person who is or has been in an intimate relationship or who is living or has lived with the employee, a person who is the parent of a child with the employee, a person who is or has been a caregiver to the employee, or any other person who is a member of a class of persons prescribed in the regulations.
An employee shall not be granted a leave of absence unless it is to allow the employee or a person to whom the employee is a parent or caregiver to seek and receive medical attention, counselling or other services from a health professional for physical, psychological or emotional harm or an injury or disability that is a result of the family violence, to seek and receive services provided by a transition house, a policing agency, the government of Canada, the government of a province or municipality or any organization that provides services to persons who have been directly or indirectly subjected to, a victim of, impacted or seriously affected by family violence or have witnessed family violence, to move his or her place of residence, to seek and receive legal services or assistance including services or assistance with respect to his or her participation in or the enforcement of a legal proceeding relating to or as a result of the family violence or a purpose prescribed in the regulations.
Length of leave
An employee, having been employed with the same employer for a continuous period of 30 days, shall be granted by his or her employer a period of family violence leave of 3 days paid leave and 7 days unpaid leave in a year.
Giving notice
An employee who intends to take family violence leave under this Act shall give written notice to his or her employer as soon as possible before the leave is to begin of that intention, unless there is a valid reason why that notice cannot be given.
An employee who wishes to take a leave of absence under this Act may be required to provide the employer with reasonable verification of the necessity of the leave in accordance with the regulations.
Terms and conditions of employment protected
An employer shall reinstate an employee at the end of his or her leave of absence.
For more information, consult: Statutes of Newfoundland and Labrador: Family Violence Leave
Nova Scotia
Legislation
Bill-107, Labour Standards Code (amended) received Royal Assent on April 18, 2018. It amended the Labour Standards Code (PDF) to add a new leave of absence available to an employee who is the victim of domestic violence or whose child is a victim of domestic violence. In addition, the General Labour Standards Code Regulations were amended to require that three days of domestic violence leave be paid by the employer and prescribe the information that may be requested by an employer in support of an employee’s entitlement to domestic violence leave.
Employee eligibility
To qualify for domestic violence leave, the employee must have worked with the employer for at least three months.
Domestic violence and services
The leave applies to situations of abuse involving an employee who is abused by their current or former intimate partner, their child, a person under 18 years who lives with them, an adult who lives with them and is related to them by blood, marriage, adoption or foster care, or an employee whose child (under 18) who is abused by the child’s current or former intimate partner, or a person who lives with the child.
Domestic violence leave can be used by an employee to seek medical attention for themselves or their child; obtain services for themselves or their child from a victim services organization, psychological or other professional counselling (or certain culturally specific services); relocate temporarily or permanently; or seek legal or law enforcement assistance.
Length of leave
Eligible employees are permitted to take, in each calendar year, up to 10 days of leave, taken intermittently or in one continuous period, and up to 16 weeks of leave, taken in one continuous period. Up to three days of leave per calendar year must be paid by the employer.
Giving notice
An employee must advise their employer in writing as soon as possible of their intention to take domestic violence leave, and the anticipated start and end date of the leave. The employer may ask the employee to provide a form developed by the Labour Standards Division to support the employee’s entitlement to domestic violence leave. It is an employer’s choice whether to require the employee to provide this form to the employer.
To support the implementation of the leave, The employer may ask the employee to provide a form developed by the Labour Standards Division to support the employee’s entitlement to domestic violence leave. It is an employer’s choice whether to require the employee to provide this form to the employer. An employee can obtain the form online or by contacting the Labour Standards Division.
Terms and conditions of employment protected
Most of the leaves are unpaid leaves of absence, meaning that the employer does not have to pay the employee during these absences. Employment Insurance benefits may be available for some of these leaves. Employees must be given a comparable position with the same pay and benefits if an employee’s job is no longer available.
For more information, consult: Nova Scotia’s Employment Rights: Leaves from Work
Ontario
Legislation
The Employment Standards Act, 2000, of Ontario was amended on November 27, 2017, to include provisions for domestic or sexual violence leave (section 49.7).
Employee eligibility
Employees who have been employed by their employer for at least 13 consecutive weeks are entitled to domestic or sexual violence leave if they or their child has experienced or been threatened with domestic or sexual violence. An employee is not entitled to this leave if the employee committed the domestic or sexual violence.
Domestic violence and services
The leave can be taken by the employee or for the child of the employee: to seek medical attention in respect of a physical or psychological injury or disability caused by the domestic or sexual violence; to obtain services from a victim services organization; to obtain psychological or other professional counselling; to relocate temporarily or permanently; to seek legal or law enforcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic or sexual violence; and any such other purposes as may be prescribed.
Length of leave
An employee is entitled to an unpaid leave of up to 10 days and up to 15 weeks in each calendar year. The five first days of the leave are paid at the employee’s regular rate of wages for their normal hours of work, while the remaining is unpaid.
Employees can take domestic or sexual violence leave in part days, full days, or in periods of more than one day. If an employee takes only part of a day as domestic or sexual violence leave, the employer can count it as a full day of leave. The 15 weeks can be taken consecutively or separately.
Giving notice
If an employee plans to take one or more days from the 10-day period, the employee must tell the employer that they will be doing so in advance. If the employee can’t give notice, notice must be given to the employer as soon as possible after starting the leave. Notice doesn’t have to be in writing. If an employee plans to take one or more weeks or part weeks from the 15-week entitlement, the employee must tell the employer that they will be doing so in writing before the leave is taken. If the employee can’t give notice, notice must be given to the employer in writing as soon as possible after starting the leave.
An employer may require an employee to provide evidence reasonable in the circumstances that they are eligible to take domestic or sexual violence leave.
Terms and conditions of employment protected
Employees who take domestic or sexual violence leave are entitled to the same rights as employees who take pregnancy or parental leave. For example, an employer cannot threaten, fire or penalize in any other way an employee for taking, planning on taking, being eligible or being in a position to become eligible to take a domestic or sexual violence leave.
For more information, consult: Your guide to the Employment Standards Act: Domestic or sexual violence leave
Prince Edward Island
Legislation
The amendments to the Employment Standards Act (PDF) by An Act to Amend the Employment Standards Act (PDF) took effect on November 1, 2019. The bill was introduced to provide an employee with up to three (3) days off with pay, and up to an additional seven (7) days off without pay for that employee to deal with the consequences of domestic violence, intimate partner violence, or sexual violence.
Employee eligibility
Employee must have worked with the employer for at least three months to be granted this leave.
Domestic violence and services
The employee can use the leave to seek medical attention for a victim with respect to a physical or psychological injury or disability caused by domestic violence, intimate partner violence or sexual violence, to obtain services from a victim services organization, to obtain psychological or other professional counselling for a matter related to or arising from domestic violence, intimate partner violence or sexual violence, to relocate temporarily or permanently for a reason related to or arising from domestic violence, intimate partner violence or sexual violence, to seek legal or law enforcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence, intimate partner violence or sexual violence, to comply with child protection interventions and participate in child protection case planning or related activities for any other purpose related to or resulting from the domestic violence, intimate partner violence or sexual violence, that requires the attendance of the employee during the employee's regularly scheduled workday.
An employee can also use the leave to accompany a minor child, or individual for whom they are a primary caregiver, for one or more of the specified purposes.
Length of leave
The employer shall, at the request of the employee, grant the employee leaves of absence with pay of up to three days, and leaves without pay of up to seven additional days, which the employee may choose to take intermittently or in one continuous period, during a twelve-calendar-month period, taken at the employee’s discretion, for a domestic violence leave, intimate partner violence leave or sexual violence leave.
Giving notice
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) and the regulations, the anticipated duration of the leave.
Terms and conditions of employment protected
An employer shall not dismiss, suspend or layoff an employee who has been granted a leave of absence under this Act for reasons arising from the leave alone.
For more information, consult: Prince Edwards Island’s Employment Standards: Domestic Violence, Intimate Partner or Sexual Violence Leave
Québec
Legislation
Bill 176, an Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance, was introduced March 20th, 2018 and was adopted by the National Assembly of Quebec, on June 12, 2018. The Act Respecting Labour Standards now recognizes domestic violence as a reason for being absent.
Employee eligibility
No minimum uninterrupted service period is required to access this leave. However, after three months of uninterrupted service, the first two days taken are remunerated.
Domestic violence and services
Spousal abuse, regardless of the type of abuse, is abuse that occurs between two people who are in a relationship of a romantic, intimate or spousal nature. The individuals may be in a current relationship or have been in a relationship in the past. Spousal violence often involves a dynamic of control. Family violence is when someone uses abusive behavior to control or harm a member of their family, or someone with whom they have an intimate relationship. Family violence includes many different forms of physical and emotional abuse, as well as neglect carried out by family members. Sexual violence includes any unwanted conduct of a sexual nature involving verbal comments, actions or gestures, and any other conduct based on sex that affects a man’s or a woman’s dignity, which is unwelcome, unreasonable, and offensive to the person.
Finally, the modernization of the Act strengthens the provisions on psychological and sexual harassment in the workplace. In that sense, it constitutes a breakthrough in developing safer and more egalitarian work environments.
Length of leave
The latest amendments to the Act respecting labour standards allow an employee who is a victim of domestic or sexual violence to take an unpaid leave of absence from work for a period of not more than 26 weeks over a period of 12 months.
Giving notice
A worker who is absent from work as a result of domestic or sexual violence must notify their employer as soon as possible and state the reason for their absence. Under certain circumstances, the employer may request a document justifying the worker’s absence.
Terms and conditions of employment protected
The worker's regular position and benefits are protected for the duration of their absence following domestic or sexual violence. When the worker returns to work, the employer must reinstate them in their regular position and give them the wages they would have been entitled to had they remained at work.
For more information, consult: Victims of domestic or sexual violence leave
Saskatchewan
Legislation
The Saskatchewan Employment (Leaves) Amendment Act, 2019, adopted on May 15, 2019, provides survivors of interpersonal violence with five days of unpaid leave plus five days of paid leave to access services or to relocate. The victims of Interpersonal Violence Act provide with definitions on acts of domestic violence and other dispositions with regards to victims of violence.
Employee eligibility
To be eligible, an employee, employee’s child, or a person for whom an employee is a caregiver must be the victim of interpersonal violence and the employee requires time off work to seek medical attention, obtain services from a victim’s services organization, obtain psychological or other professional services, relocate, either temporarily or permanently, or seek legal or law enforcement assistance and attend court appearances.
Employees must have worked for an employer for a minimum of 13 weeks and will be required to provide evidence of the services being received if asked for, to qualify for the leave. The amendment also requires employers to keep personal information confidential.
Domestic violence and services
Is considered interpersonal violence any intentional or reckless act or omission that causes bodily harm or damage to property, any act or threatened act that causes a reasonable fear of bodily harm or damage to property, forced confinement, sexual abuse, harassment; or deprivation of necessities, by persons who have resided together or who are residing together in a family relationship, spousal relationship or intimate relationship, persons who are the parents of one or more children, regardless of their marital status or whether they have lived together at any time, persons who are in an ongoing caregiving relationship, regardless of whether they have lived together at any time; or any other persons prescribed in the regulations.
Length of leave
The Saskatchewan Employment (Leaves) Amendment Act, 2019 amended the interpersonal violence leave provision such that five of the 10 days of leave are to be employer-paid, at the regular wage of the employee.
The 10 days of leave can be taken in shorter blocks of a few hours or a few days as needed. As a result, only the time away from work would be considered leave time.
Giving notice
As far possible in advance and employees will be required to provide evidence of the services being received if the employer requests it. This could be written confirmation from: a social worker, a member of the College of Psychologists, a duly qualified medical practitioner, a practicing member of the Saskatchewan Registered Nurses Association or the Registered Psychiatric Nurses Association of Saskatchewan, a member of the Royal Canadian Mounted Police or another police service; or another person approved by the employer who is employed by an agency or organization that provides emergency or transitional shelter or support for victims of interpersonal violence.
Terms and conditions of employment protected
Employees are entitled to return to their same job after the leave.
For more information, consult: Saskatchewan’s employment standards: Interpersonal Violence Leave
Territories at a glance
Northwest Territories
Legislation
Bill 57, An Act to Amend the Employment Standards Act (PDF) amending the Employment Standards Act (the Act) and Regulations now provide Family Violence Leave effective since January 1st, 2020.
Employee eligibility
An employee who has been employed for at least one consecutive month is entitled to Family Violence Leave. To be eligible for paid Family Violence Leave, an employee must be employed for at least three consecutive months. An employee is not entitled to leave if they committed the act of violence.
Domestic violence and services
Family violence includes violence or the threat of violence against the employee or any child of the employee or any child in the care of the employee. Circumstances vary but common reasons to take leave could include to seek medical attention, to obtain services from a victim’s services organization, to attend counseling, to relocate temporarily or permanently, to attend legal appointments or court appearances.
Length of leave
Family Violence Leave provides employees experiencing family violence with 10 days of leave, five of which are paid and five of which are unpaid. Additionally, employees can access up to 15 unpaid weeks of leave within a 52-week period is also to be available with prior written notice.
Giving notice
The notice requirements for Family Violence Leave are as follows: 10 days of leave (5 paid/5 unpaid) - An employee must advise the employer that they are taking the leave before commencing the leave where possible; and 15 weeks of unpaid leave - An employee must give the employer written notice as soon as is reasonable and practical in the circumstances.
An employee who takes paid Family Violence Leave is required to provide the employer with reasonable verification of the necessity of the leave. Reasonable verification is intended to be flexible and dependent on the circumstances of the situation.
Terms and conditions of employment protected
An employer shall reinstate an employee who resumes employment after taking Family Violence Leave to the position the employee occupied on the day the leave commenced or to a comparable position.
For more information, consult: Family Violence Leave fact sheet
Nunavut
Legislation
No current legislation or legislation proposed.
Official Consolidation of Labour Standards Act: C.S.Nu., c.L-10
Consolidation date: June 13, 2022
The consolidation is not an official statement of the law. It is an office consolidation prepared for convenience only. The authoritative text of statutes can be ascertained from the Revised Statutes of the Northwest Territories, 1988 and the Annual Volumes of the Statutes of the Northwest Territories (for statutes passed before April 1, 1999) and the Statutes of Nunavut (for statutes passed on or after April 1, 1999).
Presently, Nunavut has no statute regarding Family Violence Leave. The Family Abuse Intervention Act (FAIA) is a civil act which came into effect on March 1st, 2008. The act was created to provide Nunavummiut with the resources to prevent and intervene in situations of family violence with emphasis placed on immediate safety. Interventions delivered under the FAIA are efficient and consistent with Inuit values and promote community ownership of problems and solutions. Within the act, individuals may access Emergency Protection Orders and Community Intervention Orders to seek counseling and other support services.
Services to address family violence are also delivered through the Saillivik Program which stipulates how Social Workers may intervene and provide support to individuals who may require relocation to a Family Violence Shelter or Safe Home due to the threat of violence.
Under the Collective Agreement between the Nunavut Employees Union and the Minister Responsible for the Public Services Act, employees may access special leave with pay (19.02) related to a serious household or domestic emergency (ii). Special leave is earned with pay for a period of up to five (5) consecutive working days. Employees may also access casual leave with pay (19.07) of up to two (2) hours in order to attend legal appointments or related to other special circumstances.
The health and safety of Nunavummiut affected by family violence is an ongoing priority to the Department of Family Services. Nunavut efforts to ensure the safety and wellbeing of communities through new initiatives and policies is expanding regularly to meet the needs of communities and those most affected by Family Violence.
Yukon
Legislation
The Yukon amended the Employment Standards Act (PDF) on March 10, 2020, to include paid and unpaid leave. The amendments passed on November 5th, 2020.
Employee eligibility
An employee is entitled to an unpaid short-term leave upon employment. However, an employee is entitled to paid short-term leave and unpaid long-term leave after 3 months of employment.
Domestic violence and services
The Act allows employees to access paid and unpaid leave under these situations if they are a: victim of domestic or sexualized violence targeted at the victim because of their sexuality or gender; person who experiences violence by supporting a child, family member, intimate partner; a close friend who is the victim or domestic or sexualized violence; and victim of domestic violence, that includes violence by a family member or intimate partner.
Length of leave
Domestic and sexual violence leave can be taken all at once, as single days or in groups of days. The leave provides 5 days of paid leave and 5 days of unpaid leave.
If needed, a longer-term of up to 15 unpaid weeks can be taken. This leave may be taken non-consecutively or not all at once with the employer’s consent.
Giving notice
No proof is required to take this leave. An employer can require that a notice form be used to request the leave.
Terms and conditions of employment protected
For the purposes of this document, the information was not found at this time, however, this does not mean it does not exist.
For more information, consult: Find out about domestic and sexualized violence leave
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