Leaves of absence and breaks

Under the Labour Standards Code, you must get an unbroken break of at least 30 minutes after every 5 hours of work. In addition, you have a right to take a break if you need one for medical reasons.  You may also have a right to extra breaks if you need accommodations under the Human Rights Act.  Contact Nova Scotia's Human Rights Commission for information about workplace accommodations.

However, an employer does not need to give a break if:

• there is an accident
• urgent work must be done
• there are unforeseeable or unpreventable circumstances
• it is unreasonable to take a meal break.

Your employer does not have to pay you for breaks unless your employer requires you to be available for work during breaks. 

Some employees, such as unionized employees, are not covered by these rules.

More information: NS Labour Standards Breaks & Rest Periods page.

Under the Labour Standards Code, you are entitled to up to three unpaid sick days each year to care for a sick family member or attend medical or dental appointments. Your employer may provide additional sick benefits, and you may also be eligible for up to 15 weeks (if claimed before December 18, 2022) or 26 weeks (if claimed on or after December 18, 2022) of Federal Employment Insurance sickness benefits. Contact Employment Insurance for more information.

If you are pregnant, you are entitled to an unpaid pregnancy leave of up to 16 weeks. If your employer asks, you must provide your employer with a doctor's certificate confirming your pregnancy. You must give your employer 4 weeks' notice of the date you will start pregnancy leave and the date you will return to work if you return earlier than 16 weeks. If you cannot give 4 weeks' notice for medical reasons or because the baby comes early, you need to give your employer as much as possible.

Pregnancy leave can't begin sooner than 16 weeks before the expected delivery date and not later than the delivery date. Subject to Nova Scotia human rights law (Human Rights Act), if your pregnancy prevents you from performing your regular job duties, your employer can require you to take an unpaid leave of absence.

Parents of a newborn or newly adopted child are entitled to a parental leave of absence of up to 77 weeks.

You must take any parental leave within 18 months of the child's birth or arrival in your home and give your employer 4 weeks' notice of when you will begin the leave and the date you will return to work if you plan to return early.

A person who took pregnancy leave may also take parental leave. In that case, parental leave starts immediately at the end of the pregnancy leave, without a break between the two leaves.  The pregnancy and parental leaves combined cannot total more than 77 weeks (maximum 16 weeks pregnancy leave + 61 weeks parental leave).

Are adoptive parents entitled to parental leave?

Yes, parents of a newly adopted child are entitled to up to 77 weeks of unpaid parental leave. You must take any parental leave within 18 months of the child's arrival in your home and give your employer 4 weeks' notice of the dates when you will start and end your leave, or give notice as soon as possible if the adoption placement happens sooner than expected.

No. Both pregnancy and parental leave are unpaid leaves from work under the Labour Standards Code. However, Employment Insurance maternity and/or parental benefits (canada.ca/en/services/benefits/ei/ei-maternity-parental.html) may be available to those who take these leaves, and your employment contract may also provide pregnancy and/or parental leave benefits.

When you return to work after pregnancy and/or parental leave, you must be allowed to return to the same position or, if that position is no longer available, to a comparable one with no loss of seniority or benefits. If your employer does not allow you to return from pregnancy/parental leave, you may be able to make a complaint.  Contact the Nova Scotia Human Rights Commission and Nova Scotia Labour Standards for more information.

More information: NS Labour Standards parental and pregnancy leave page.

If you are pregnant and your pregnancy does not end in a live birth, you are entitled to an unpaid leave of absence for the end of pregnancy. This new form of leave came into effect on 1 January 2023. The reason for the end of your pregnancy does not impact your eligibility for the leave, and your employer is not allowed to ask you for the reason for the end of your pregnancy.

Who else is entitled to end of pregnancy leave?

Apart from the pregnant person whose pregnancy has come to an end, the following people are entitled to up to 5 consecutive working days of unpaid leave:

1. The spouse of an individual whose pregnancy ended without a live birth
2. The former spouse of an individual whose pregnancy ended without a live birth, if they would have been the biological parent
3. A person who would have become the parent of a child born as a result of the pregnancy through a surrogacy agreement
4. A person who would have become the parent of a child born as a result of the

pregnancy under an intended adoption according to the laws of Nova Scotia

How long do I have?

If your pregnancy ends before week 19, you are entitled to an unpaid leave of absence of up to 5 consecutive working days. 

If your pregnancy ends after week 19, you are entitled to an unpaid leave of absence of up to 16 consecutive weeks. 

The end of pregnancy leave cannot be more than 6 weeks if you were on pregnancy leave for more than 10 weeks when your pregnancy ended. That means if your pregnancy ends while you are on pregnancy leave, and you have taken more than 10 weeks of pregnancy leave when your pregnancy ends, you are entitled to up to 6 additional weeks of unpaid leave from the day your pregnancy ended. 

For example, if you are on the 11th week of pregnancy leave when your pregnancy ends, you are entitled to 6 weeks of leave from the day your pregnancy ends. If you are on the 9th week of pregnancy leave when your pregnancy ends, you are entitled to 16 weeks of leave from the day your pregnancy ended.

Notice for the leave

To take leave for the end of pregnancy, you must provide your employer with as much notice as possible of your intention to take the leave and the anticipated start and end date. If you have to begin the leave before you can provide your employer with such notice, then you will have to advise your employer as soon as reasonably possible of the date the leave began and the end date of the leave.

Your employer may ask you to provide a form developed by the Labour Standards Division to support your entitlement to leave for end of pregnancy. There are two different forms- one for the person whose pregnancy ended and another one to be used by the spouse, former spouse and for surrogacy and adoption.

After at least three months in a job, you might be able to take time off work if you or your child (under 18) experiences domestic abuse.   This is called domestic violence leave. Under the Labour Standards Code, domestic violence is an act or threat of abuse that may be physical, sexual, emotional or psychological.  It may include coercion, stalking, harassment, or financial control.

Domestic violence leave gives you the right to take time off work to move (short-term or long-term) or to get medical, legal and/or psychological support or other professional counselling for you or your children. 

Domestic violence leave allows an employee to take:

• up to 16 weeks in a row of unpaid leave, and
• up to 10 days of protected leave in a calendar year, taken all in a row or broken up.

Protected leave means that after the leave, you must be allowed to return to the same job or, if that job is no longer available, to a comparable one with no loss of seniority or benefits.

Employers must pay for up to three days of domestic violence leave.

This leave applies to employees in provincially regulated workplaces and to unionized employees. You can learn more about domestic violence leave by clicking here.

You can combine domestic violence leave with other types of leave. Contact Nova Scotia Labour Standards at 902-424-4311 or toll-free at 1-888-315-0110 for more information about domestic violence leave and other leaves from work.

You are entitled to take an unpaid leave to provide care and support to a critically ill or injured adult if:

• you have worked for your employer for at least 3 months
• the ill or injured person is over 18 years old
• they are a family member (or a person like family)
• they have a life-threatening illness or injury
• a qualified medical practitioner issues a medical certificate stating that the adult has a critical illness and the period for which the adult needs care.

To take the leave, you must let your employer know in writing as soon as possible of your intention to take the leave. If you need to take the leave before giving notice, you must advise your employer of the leave as soon as possible. 

You must also give your employer a plan setting out how you will take the leave since you can break the leave up into more than one period over the 52-week time frame. You can change your leave plan during the leave with your employer’s agreement or by providing your employer with reasonable notice. Your employer can ask in writing for a copy of the medical certificate.

How much critically ill adult care leave can I take?

You can take up to 16 weeks’ leave, which you must take within a 52-week time frame. You can break the leave up into several periods of at least one week during this time frame. The 52-week time frame begins on the first day of the week when the adult becomes critically ill.

If the employee stops providing care to the adult, the leave ends at the end of the week in which the employee stops providing care. Otherwise, the leave ends when you reach the limit stated in the medical certificate. 

Am I entitled to be paid while on critically ill adult care leave?

Critically ill adult care leave is unpaid, but income support may be available through the federal Employment Insurance family caregiver benefits for critically ill adult programs.  If you are eligible for federal Employment Insurance benefits to care for a critically ill adult, you may get up to 15 weeks of benefits within 52 weeks. For more details on this benefit, contact Service Canada.

What is the difference between critically ill adult leave and compassionate care leave?

A critically ill adult is a person 18 or older who has a life-threatening illness or injury. For compassionate care leave, the family member (of any age) has a serious medical condition with a significant risk of dying within 26 weeks (providing what is likely to be end-of-life care). 

An employee can take critically ill adult leave when a close family member develops a life-threatening medical condition, and then, if the condition of the family member worsens to the point that they may die, the employee can take compassionate care leave as well. 

Click here to learn more about critically ill adult care leave.

Compassionate care leave is an unpaid leave of up to 28 weeks if you have to take care of or give support to a seriously ill family member who has a serious risk of dying within 26 weeks.  You must have been in that workplace for at least three months.  Your employer may ask for a medical certificate from a medical doctor stating that the family member is at serious risk of dying within 26 weeks.

Your employer may grant compassionate care leave to allow you to provide care or support for a family member or person who is like family, including:

• your spouse (including common-law partner, if you have lived together for 1 year or more)
• your or your spouse's parent, step-parent or foster parent
• your or your spouse's child or step-child or your current or former foster child
• your brother, step-brother, sister, or step-sister
• your or your spouse's grandparent or step-grandparent
• your or your spouse's grandchild or step-grandchild
• your brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law 
• your or your spouse's son-in-law or daughter-in-law
• your or your spouse's uncle or aunt
• your or your spouse's nephew or niece
• the spouse of the employee's current or former foster child, current or former guardian, grandchild, uncle, aunt, nephew or niece
• your current or former guardian
• your or your spouse's current or former ward
• someone considered to be like family, whether or not you are related.  Your employer may ask you for a Family Member Attestation form.

Contact Nova Scotia Labour Standards if you are unsure whether you are eligible to take compassionate care leave for a family member or person you consider to be like family.

How much compassionate care leave can I take?

You can take up to 28 weeks of leave, which you may divide into periods of at least one week each.  You must take the leave within 52 weeks. The 52-week time frame begins on the first day of the week the leave began. You must give your employer as much notice as possible when taking compassionate care leave.

Am I entitled to be paid while on compassionate care leave?

Compassionate care leave is unpaid. However, you may qualify for up to 26 weeks of compassionate care Employment Insurance benefits under the Federal Employment Insurance Program - canada.ca/en/services/benefits/ei/ei-compassionate.html. Your employment contract may also provide compassionate care leave benefits.

More information: NS Labour Standards compassionate care leave page.

If you have worked for your employer for at least 3 months, you are entitled to an unpaid leave of up to 37 weeks to provide care or support to your critically ill child or a child who is like family to you.  The child must be under the age of 18. 

Contact Labour Standards if you are unsure whether you would be eligible for this leave.

You must provide a doctor's certificate showing that the child's life is at risk due to illness or injury and the length of the leave. You must give your employer as much notice of the leave as possible.  Notice should be in writing.  You must take the leave in periods of at least 1 week within a 52-week time frame. The 52-week time frame begins on the first day of the week the leave began. When you return to work, you must be allowed to return to the same or comparable position with no loss of seniority or benefits. If your employer does not allow you to return to your job after this leave, you may be able to make a complaint. Contact Nova Scotia Labour Standards for more information.

This provincial leave is unpaid, but income support may be available through the federal Employment Insurance family caregiver benefits for critically ill children program.  If you are eligible for federal Employment Insurance benefits to care for a critically ill child, you may get up to 35 weeks of benefits within 52 weeks.

More information: NS Labour Standards critically ill child care leave page.

If you are a parent and you have worked for your employer for at least 3 months, you are entitled to an unpaid leave of up to 52 weeks if your child (under 18) disappears as a result of a probable crime or up to 104 weeks if your child has died as a result of a probable crime. You must take the leave continuously – it can’t be broken up into shorter periods. An employee can’t get the leave if they have been charged with the crime which resulted in the child’s death or disappearance.

When you are on 52‐week unpaid leave, and your missing child is found alive, you can continue the unpaid leave for another 14 days. If your child is found dead, the disappearance leave ends immediately, and you can start 104 weeks of leave for the death of your child.

When you return to work, you must be allowed to return to the same or comparable position with no loss of seniority or benefits. If your employer does not allow you to return to your job after this leave, you may be able to make a complaint. Contact Nova Scotia Labour Standards for more information.

This leave is unpaid, but income support may be available through the federal Canadian Benefit for Parents or Legal Guardians of Young Victims of Crime - contact Service Canada for information.

More information: NS Labour Standards crime related child death or disappearance leave page.

You may take up to five consecutive working days' leave on the death of your:

• spouse (married or common-law)
• parent
• guardian
• child or a child in your care
• grandparent
• grandchild
• sister or brother
• mother or father-in-law
• son or daughter-in-law
• brother or sister-in-law.

Bereavement leave is unpaid. You must give your employer as much notice as possible that you are taking bereavement leave.

Unpaid emergency leave is available under the Labour Standards Code if:

• A government agency has declared a public emergency, and you cannot work as a result, or;
• A medical officer (under the Health Protection Act) has ordered you to stay home, for example, because you have a contagious disease or
• You must stay off work to care for a family member in one of the above situations, and you are the only person who can reasonably care for your family member. 'Family member' is defined in the same way as it is for compassionate care leave (see above).

Unpaid emergency leave is for public emergencies, such as a weather disaster or public health crisis, not personal emergencies, such as a family illness. You must give your employer as much notice as possible that you are taking emergency leave, and your employer may request reasonable evidence that you are entitled to emergency leave. Emergency leave lasts as long as the emergency continues and prevents you from working.

More information: NS Labour Standards Emergency Leave page.

You can take an unpaid court leave if you must serve on a jury or appear as a witness. You must give your employer as much notice as possible if you have to go to court.

This leave is for employees who serve in the Canadian Forces Reserve Force and require time off from their civilian employment for service. The leave can be taken for:

• a deployment inside or outside of Canada and associated activities, 
• training required by the Canadian Forces(including military skills training), 
• travel related to deployment and training, and 
• treatment, recovery or rehabilitation for a physical or mental health problem resulting from deployment or training activities.

You can take this unpaid leave from your civilian work if you have worked for your employer for at least three months. The leave cannot be longer than 24 months in a 60-month period. It can be more than 24 months if the leave is required due to a national emergency under the Emergencies Act (Canada). You must return to work within four weeks of the end of your service period. You must give your employer 4 weeks written notice before taking the leave. If it is an emergency, you must give as much notice as possible.

More information: NS Labour Standards Leaves from work page.

Yes.  You may take up to one (1) day of unpaid leave to attend your citizenship ceremony on the day of the ceremony.  You must give your employer fourteen (14) days' notice, or as much notice as you reasonably can, of the date of your citizenship ceremony and how long you will be away from work.  Your employer may require proof of the date of your citizenship ceremony.

More information: NS Labour Standards Citizenship Ceremony leave page.

Your employer must give you the option to keep up any benefits plan you belong to if you take any of the following leaves:

• pregnancy 
• end of pregnancy
• parental
• compassionate care
• critically ill child
• critically ill adult
• crime-related child death or disappearance
• reservists'
• citizenship ceremony 
• emergency  

Maintaining benefits would be at your own expense unless your employer agrees otherwise. 

Your employer must keep confidential information they receive about your protected leave of absence.

When you return from any of these leaves, your employer must accept you back into the same or a comparable position with no loss of benefits or seniority. There are a few exceptions. Contact Labour Standards for more information. Also, 

Communicate with your employer in writing about your leave request. Ensure there is a clear written record of:

• when you gave your employer notice of the leave request
• the type of leave you requested
• the amount of leave you asked for

Do not make any assumptions about your employer's decision regarding your leave request. For example, if you don’t hear a response from them, don’t assume that your request has been granted. Ask your employer to confirm their decision in writing. 

If your employer insists on discussing the matter in person or over the phone, send a follow-up email after the meeting to confirm what was discussed. 

If you end up in a dispute with your employer, contact Labour Standards.

If you believe your employer is discriminating against you, you can submit an inquiry to the Nova Scotia Human Rights Commission. 

Nova Scotia Department of Labour and Advanced Education (provincially regulated workplaces)
Labour Standards Division
Halifax: (902) 424-4311
Toll-free: 1-888-315-0110
Website: novascotia.ca/lae/employmentrights/

Employment Insurance - Service Canada
Toll-free: 1-800-206-7218
Website: canada.ca/en/services/benefits/ei.html

Employment and Social Development Canada Labour Program (federally regulated workplaces)
Halifax: 902-426-4995
Sydney: 902-564-7130
Toll-free: 1-800-641-4049
Website: labour.gc.ca