In Newfoundland and Labrador, you can legally request an unpaid statutory leave of absence to deal with sickness, family emergencies, or having a child. For example, after 30 days of employment, you are entitled to up to 7 unpaid Sick/Family Responsibility days per year, and your employer cannot legally fire or penalize you for taking them.
Life is entirely unpredictable. Whether you are welcoming a new baby in Corner Brook, caring for a terminally ill parent in St. John’s, or dealing with a sudden personal illness in Happy Valley-Goose Bay, there are times when your job must take a back seat. Fortunately, you do not have to choose between your family’s health and keeping your career.
The Newfoundland and Labrador Labour Standards Act guarantees employees the legal right to take protected, unpaid time off work for specific life events. These are known as “statutory leaves of absence.” When you take a statutory leave, your job is legally protected. This guide carefully explains the different types of leaves available, the exact process for requesting them, and how you can apply for federal financial assistance while you are off work.
Types of Statutory Leaves in NL
Before making a request, you must identify which specific leave applies to your situation. The most common protected leaves in the province include:
- Sick and Family Responsibility Leave: Up to 7 unpaid days per year to deal with personal sickness or to care for a sick family member. You must be employed for at least 30 days to qualify.
- Pregnancy and Parental Leave: Pregnant employees can take up to 17 weeks of unpaid pregnancy leave. Additionally, either parent can take up to 61 weeks of unpaid parental leave to bond with a newborn or newly adopted child.
- Compassionate Care Leave: Up to 28 weeks of unpaid leave to provide care and support to a family member who has a serious medical condition with a significant risk of death.
Step-by-Step Process for Requesting a Leave
Taking a protected leave requires proper communication with your employer. Simply not showing up for work can be legally interpreted as abandoning your job. Follow these precise steps to ensure your employment remains protected.
Step 1: Determine Your Eligibility
First, confirm that you have worked for your employer long enough to qualify. For instance, to be eligible for Pregnancy or Parental leave, you must have worked for the same employer for at least 20 consecutive weeks. For Sick/Family Responsibility leave, the requirement is only 30 continuous days of employment.
Step 2: Provide Written Notice to Your Employer
📝 The law requires you to give your employer written notice before your leave begins. For predictable events, like Pregnancy or Parental leave, you must provide written notice at least 2 weeks before the start date. For sudden emergencies, like sudden illness or Compassionate Care, you must notify your employer as soon as it is practically possible, explaining the reason and the expected duration of your absence.
Step 3: Provide a Medical Certificate if Requested
Your employer has the legal right to ask for proof. If you take Sick Leave for 3 or more consecutive days, the employer can demand a doctor’s note. For Compassionate Care leave, you must secure a certificate from a medical practitioner stating that the family member is gravely ill. Ensure you provide these documents promptly to validate your legal protection.
Step 4: Apply for Service Canada EI Benefits
Because provincial statutory leaves are entirely unpaid, you must secure your own income. You should apply for federal Employment Insurance (EI) Special Benefits through Service Canada immediately after your last day of work. EI offers Maternity benefits, Parental benefits, Sickness benefits, and Caregiver benefits that can pay up to 55% of your regular earnings while you are on leave.
How Much Does it Cost in Newfoundland and Labrador?
Applying for a leave of absence is an administrative process, but you may face minor out-of-pocket expenses to gather the required medical evidence.
| Item / Service | Estimated Cost (CAD) | Description |
|---|---|---|
| Submitting a Leave Request | $0 | There is absolutely no fee to formally request a statutory leave from your employer. |
| Doctor’s Certificate / Note | $20 – $50 | Many local medical clinics charge an administrative fee to write sick notes or fill out EI medical forms. |
| Labour Standards Complaint | $0 | If you are fired for taking a valid leave, filing a complaint with the province for reinstatement is free. |
How Long Does the Process Take?
The timeline depends on the type of leave. An emergency sick day takes immediate effect once you notify your boss. For maternity and parental leaves, the standard processing time for your Service Canada EI application is about 28 days from the date they receive your application and your employer’s Record of Employment (ROE). When your leave ends, your employer is legally required to reinstate you to your original position (or a comparable one) immediately.
Frequently Asked Questions (FAQ)
Can my employer fire me while I am on a statutory leave?
No. Terminating, demoting, or punishing an employee specifically because they took a protected statutory leave is highly illegal under the NL Labour Standards Act. If this happens, you can demand immediate reinstatement and back pay through a provincial complaint.
Do I still earn vacation time while on parental leave?
Yes. In Newfoundland and Labrador, the time you spend on a protected statutory leave counts strictly as continuous employment. Therefore, you continue to accrue seniority and the right to your annual statutory vacation time, though vacation pay itself is based on actual earnings.
Do my health benefits continue while I am off?
It is not automatically guaranteed by provincial law. You must speak with your employer. Many companies allow you to maintain your group health and dental benefits during a leave, provided you arrange to continue paying your portion of the monthly premiums.
Can an employer force me to take a pregnancy leave early?
An employer can only insist you start your leave early if your pregnancy is actively and severely interfering with your ability to perform your essential job duties, and they cannot reasonably accommodate you. Otherwise, the start date is entirely your decision.
What happens if I need more than 7 sick days?
If you exhaust your 7 protected statutory days, any further absences are no longer automatically protected by the Labour Standards Act. However, you may still be protected from termination under the NL Human Rights Act if your illness qualifies as a protected disability requiring accommodation.
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