Staying informed about legislative developments is essential to creating supportive, compliant workplaces—particularly when it comes to employee leaves. On December 4, 2024, the Newfoundland and Labrador government passed Bill 82, amending the province’s Labour Standards Act (LSA). This new legislation introduces new statutory leaves under the LSA for Long-Term Illness, Long-Term Injury, and Organ Donation. Below, we’ll look at these key changes in more detail, explore potential impacts for organizations, and share best practices for ensuring a seamless transition.
1. A Quick Overview of Bill 82
Bill 82 reflects Newfoundland and Labrador’s ongoing commitment to strengthening worker protections. By providing job-protected long-term sick leave and clearly defining when and how employees can request time off for organ donation procedures, the province’s Labour Standards Act now sets a higher bar for supporting employees during medical or health-related challenges.
For organizations, Bill 82 presents an opportunity to review, revise, and communicate leave policies that foster a caring, inclusive, and legally compliant culture. Taking a proactive approach will not only minimize legal risks but also demonstrate genuine concern for employee well-being.
2. Long-Term Sick Leave: New Provisions and Best Practices
New Statutory Leave
One of the most significant changes introduced by Bill 82 is the new Long-Term Sick Leave entitlements. Employees who require extended medical care or recovery time as a result of a long-term illness, injury, or organ donation can now request up to 27 weeks (in a 52-week period) of time away from work without fear of losing their jobs. To be eligible for this leave, employees must provide medical certifications from their medical providers or nurse practitioners. The document should also specify the start date and the estimated end date of the required leave.
Best Practice:
- Update your policies to outline how employees should request extended sick leave and specify the required documentation.
- Communicate clearly with managers and team members about these new provisions, so they understand both their rights and responsibilities.
- Offer flexible return-to-work plans that might include modified duties or reduced hours, where feasible.
3. Long-Term Sick Leave Resulting From a Criminal Offense
One of the unique aspects of Bill 82 is the provision for Long-Term Sick Leave when an illness or injury is the result of a criminal offense. If an employee experiences a serious medical condition due to criminal activity—such as being a victim of a violent incident—they may be entitled to job-protected leave for the duration of their recovery.
Key Points:
- Employees who have worked for the employer for a continuous period of at least 30 days may request up to 104 weeks of unpaid leave in a 104-week period.
- Employees must give up to two weeks of advance notice to take this leave, unless there is a valid reason why such notice could not be given.
- To be eligible, employees must work with their healthcare provider to certify their need for extended medical care or recovery time and the estimated start and end date of the required leave. The employee must also provide proof satisfactory to the employer that this was a result of a criminal offence; and that they were not a party to the criminal offence.
- Organizations must handle these situations with heightened sensitivity, respecting both privacy and legal guidelines.
Best Practice:
- Ensure policy clarity regarding the documents or statements employees can provide to confirm the nature and cause of their health condition (e.g., police reports, medical records).
- Offer access to mental health resources or employee assistance programs (EAPs) to support psychological recovery.
- Maintain confidentiality around any criminal investigations or legal actions.
4. Compliance and Culture: Building an Empathetic Workplace
Bill 82 is more than a legal obligation; it’s an opportunity to reinforce a people-first culture. By offering robust support for employees during challenging health circumstances, organizations can cultivate loyalty, boost morale, and reduce turnover.
Here’s how to leverage these changes effectively:
- Policy Review: Conduct a thorough review of your existing leave policies to integrate Bill 82’s updates on long-term sick leave and organ donation leave.
- Training: Train supervisors on the new entitlements and necessary documentation to ensure consistency.
- Communication: Keep lines of communication open with employees—publish accessible FAQs, host informational sessions, or send internal memos covering the key points of Bill 82.
- Supportive Culture: Show empathy by considering flexible work arrangements and by providing mental health resources where needed.
Disclaimer: This post is for informational purposes only and does not constitute legal advice. For specific guidance on Bill 82’s implications for your organization, consult with an employment law professional.
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