Nova Scotia labour standards changes will affect reservists

Two types of training leave effective May 1, 2011

Amendments to labour standards regulations that take effect next month will differentiate between two different types of training leave for employees who are members of the Canadian Forces Reserves.

The provincial government has amended the General Regulations respecting Labour Standards to specify different periods of leave for service that applies to active duty and training necessary for active duty and for yearly training that is not related to active duty. The amendments will take effect May 1, 2011.

The amendments will allow reservists to take up to 20 days (including travel time) in a calendar year for annual training not related to active duty. Employees who wish to take the leave will have to give their employer a minimum of four weeks’ notice beforehand, although in an emergency situation, the employee may give the employer as much notice as is reasonably practical. Employees will be required to return to work no later than the next regularly scheduled working day after the period of service ends and any related travel time.

Employees who are reservists continue to be entitled to an unpaid leave of up to 18 months in a three-year period for active duty or to take part in training that is necessary for active duty. Employees wishing to take such a leave must notify their employer of the leave at least 90 days in advance, although in an emergency they may give as much notice as is reasonably practical. As was already required, the start date for the leave must be at least one year after the date the employee came back to work after a previous leave for such a period of service. The employee must return to work no later than four weeks after the date the employee’s period of service ends.

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