49.7 (1) In this section, “child” means a child, step-child, foster child or child who is under legal guardianship, and who is under 18 years of age; (“enfant”) “week” means a period of seven consecutive days beginning on Sunday and ending on Saturday. (“semaine”) 2017, c. 22, Sched. 1, s. 38. Entitlement to leave (2) An employee who has been employed by an employer for at least 13 consecutive weeks is entitled to a leave of absence if the employee or a child of the employee experiences domestic or sexual violence, or the threat of domestic or sexual violence, and the leave of absence is taken for any of the following purposes: 1.  To seek medical attention for the employee or the child of the employee in respect of a physical or psychological injury or disability caused by the domestic or sexual violence. 2.  To obtain services from a victim services organization for the employee or the child of the employee. 3.  To obtain psychological or other professional counselling for the employee or the child of the employee. 4.  To relocate temporarily or permanently. 5.  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. 6.  Such other purposes as may be prescribed. 2017, c. 22, Sched. 1, s. 38. Exception (3) Subsection (2) does not apply if the domestic or sexual violence is committed by the employee. 2017, c. 22, Sched. 1, s. 38. Length of leave (4) An employee is entitled to take, in each calendar year, (a)  up to 10 days of leave under this section; and (b)  up to 15 weeks of leave under this section. 2017, c. 22, Sched. 1, s. 38. Entitlement to paid leave (5) If an employee takes a leave under this section, the employee is entitled to take the first five such days as paid days of leave in each calendar year and the balance of his or her entitlement under this section as unpaid leave. 2017, c. 22, Sched. 1, s. 38. Domestic or sexual violence leave pay (6) Subject to subsections (7) and (8), if an employee takes a paid day of leave under this section, the employer shall pay the employee, (a)  either, (i)  the wages the employee would have earned had they not taken the leave, or (ii)  if the employee receives performance-related wages, including commissions or a piece work rate, the greater of the employee’s hourly rate, if any, and the minimum wage that would have applied to the employee for the number of hours the employee would have worked had they not taken the leave; or (b)  if some other manner of calculation is prescribed, the amount determined using that manner of calculation. 2017, c. 22, Sched. 1, s. 38. Domestic or sexual violence leave where higher rate of wages (7) If a paid day of leave under this section falls on a day or at a time of day when overtime pay, a shift premium, or both would be payable by the employer, (a)  the employee is not entitled to more than his or her regular rate for any leave taken under this section; and (b)  the employee is not entitled to the shift premium for any leave taken under this section. 2017, c. 22, Sched. 1, s. 38. Domestic or sexual violence leave on public holiday (8) If a paid day of leave under this section falls on a public holiday, the employee is not entitled to premium pay for any leave taken under this section. 2017, c. 22, Sched. 1, s. 38. Leave deemed to be taken in entire days (9) For the purposes of an employee’s entitlement under clause (4) (a), if an employee takes any part of a day as leave, the employer may deem the employee to have taken one day of leave on that day. 2017, c. 22, Sched. 1, s. 38. Advising employer (10) An employee who wishes to take leave under clause (4) (a) shall advise the employer that the employee will be doing so. 2017, c. 22, Sched. 1, s. 38. Same (11) If an employee must begin a leave under clause (4) (a) before advising the employer, the employee shall advise the employer of the leave as soon as possible after beginning it. 2017, c. 22, Sched. 1, s. 38. Leave deemed to be taken in entire weeks (12) For the purposes of an employee’s entitlement under clause (4) (b), if an employee takes any part of a week as leave, the employer may deem the employee to have taken one week of leave. 2017, c. 22, Sched. 1, s. 38. Advising employer (13) An employee who wishes to take a leave under clause (4) (b) shall advise the employer in writing that the employee will be doing so. 2017, c. 22, Sched. 1, s. 38. Same (14) If an employee must begin a leave under clause (4) (b) before advising the employer, the employee shall advise the employer of the leave in writing as soon as possible after beginning it. 2017, c. 22, Sched. 1, s. 38. Evidence (15) An employer may require an employee who takes a leave under this section to provide evidence reasonable in the circumstances of the employee’s entitlement to the leave. 2017, c. 22, Sched. 1, s. 38. (16) Repealed: 2018, c. 14, Sched. 1, s. 18. Confidentiality (17) An employer shall ensure that mechanisms are in place to protect the confidentiality of records given to or produced by the employer that relate to an employee taking a leave under this section. 2017, c. 22, Sched. 1, s. 38. Disclosure permitted (18) Nothing in subsection (17) prevents an employer from disclosing a record where, (a)  the employee has consented to the disclosure of the record; (b)  disclosure is made to an officer, employee, consultant or agent of the employer who needs the record in the performance of their duties; (c)  the disclosure is authorized or required by law; or (d)  the disclosure is prescribed as a permitted disclosure. 2017, c. 22, Sched. 1, s. 38. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 1, s. 38 - 01/01/2018 2018, c. 14, Sched. 1, s. 18 - 01/01/2019 Sick Leave