Leave of absence provisions in Nova Scotia’s Labour Standards Code recognize that life events sometimes require employees to take time away from work. These leaves provide job protection so employees can address personal matters while maintaining their employment status.
This guide, part of our nationwide series on Leave of Absence in Canada, offers an in-depth look at the various types of job-protected leaves available to employees in Nova Scotia. We will explore eligibility criteria, the duration of each leave, notice requirements, and your rights upon returning to work.
Understanding these provisions ensures both employers and employees know their rights and responsibilities under Nova Scotia’s labour laws.
Protected Leaves under Nova Scotia Labour Standards Code
Protected leave of absence in Nova Scotia comes with specific protections and obligations for both employers and employees. These fundamental provisions apply to most types of leaves.
For employee
Your employer is required to reinstate you to the same position you held before the leave began. If your original position is no longer available, you must be offered a comparable position with no loss of seniority or benefits.
You have the right to continue any benefit plans you are a part of, at your own expense. Your employer must provide you with 10 days’ written notice before the option to maintain your benefits expires.
For the Employer
Employers are required to keep confidential any information they receive about your protected leave. This information can only be shared with your consent, with employees who need it to perform their jobs, or when legally required.
What are the Different Types of Leaves in Nova Scotia?
Nova Scotia employees can access 13 different protected leaves under the Labour Standards Code, ranging from family-related absences to emergency situations. Each serves different circumstances and comes with specific provisions.
Pregnancy and Parental Leaves in Nova Scotia
This leave provides job protection for employees for the birth or adoption of a child.
Pregnancy Leave
Pregnancy leave in Nova Scotia is an unpaid leave of up to 16 weeks available to pregnant employees. The leave can begin up to 16 weeks before the expected delivery date, but cannot begin later than the actual delivery date.
Parental Leave
Parental leave allows parents to take up to 77 weeks of unpaid leave following the birth or adoption of a child.
If an employee also takes pregnancy leave, the parental leave must immediately follow, and the combined total cannot exceed 77 weeks (e.g., 16 weeks of pregnancy leave and 61 weeks of parental leave).
For those not taking pregnancy leave, parental leave must be taken within 18 months of the child’s birth or arrival in the home.
Eligibility
As of recent changes, there is no minimum period of employment required to be eligible for pregnancy or parental leave.
Notice
Employees are required to give their employer at least four weeks’ written notice before taking leave. If this is not possible due to unforeseen circumstances, as much notice as possible should be given.
Eligible employees may receive maternity and parental benefits through the federal EI program.
Leave for the End of Pregnancy in Nova Scotia
Effective January 1, 2023, employees who experience a pregnancy that does not result in a live birth are entitled to job-protected unpaid leave.
If the pregnancy ends before the completion of the 19th week, the employee may take up to five consecutive working days of unpaid leave. If it ends after the 19th week, the entitlement increases to up to 16 consecutive weeks of unpaid leave.
Spouses, former spouses who would have been the biological parent, and intended parents through surrogacy or adoption are also entitled to up to five days of unpaid leave. Employees are required to provide their employer with as much notice as reasonably possible.
Source: Pregnancy Leave, Leave for End of Pregnancy and Parental Leave, Government of Nova Scotia
Sick Leaves in Nova Scotia
Employees are entitled to a maximum of 5 unpaid sick days per calendar year for their own illness or injury. Additionally, they can take up to 3 unpaid days annually for family responsibility leave to care for a sick family member or attend medical or dental appointments.
Employer Requirements for Medical Certificates
The Patient Access to Care Act, which includes the Medical Certificates for Employee Absence Act, limits when employers can require medical notes and broadens the scope of healthcare professionals who can provide them.
An employer cannot require a medical note unless:
- The employee has missed more than 5 consecutive working days due to sickness or injury, or
- The employee has already had at least 2 non-consecutive absences of 5 or fewer days due to sickness or injury in the preceding 12-month period
Employers must accept medical certificates from various qualified health professionals, not just physicians.
Source: Sick Leave and Family Responsibility Leave, Government of Nova Scotia
Serious illness or injury leave in Nova Scotia?
Also effective January 1, 2025, this new leave provides up to 27 weeks of unpaid, job-protected leave for employees diagnosed with a serious illness or injury.
- Eligibility: Employees must have been employed by their employer for a minimum of 3 months.
- Duration: The 27-week leave can be taken within a 52-week period and can be broken into periods of at least one week. This aligns with the 26 weeks of federal EI sickness benefits, plus the one-week waiting period.
To take this leave, you must notify your employer in writing as soon as possible. Your employer may request that you complete a form from the Labour Standards Division to verify your entitlement to the leave.
Source: Serious Illness or Injury Leave, Government of Nova Scotia
Domestic Violence Leave in Nova Scotia
Domestic violence leave allows employees experiencing domestic violence or whose child (under 18) is experiencing domestic violence to take time off work.
This leave applies to various relationship situations, including:
- Current or former intimate partners
- Parents and children
- Minors or adults living with the employee who is related by blood, marriage, adoption, or foster care
- A child’s (under 18) current or former intimate partner or someone living with the child
To qualify, employees must have worked with their employer for at least 3 months.
Domestic violence leave provides:
- Up to 10 days per calendar year, which can be taken intermittently or consecutively
- Up to 16 consecutive weeks per calendar year
Importantly, up to 5 days of this leave must be paid by the employer. The remaining days are unpaid.
Family Care Leaves in Nova Scotia
Nova Scotia offers three types of leave for employees who need to care for a family member.
| Leave Type | Maximum Duration | Who Can Be Cared For | Medical Requirement | Corresponding EI Benefit |
| Compassionate Care | 28 weeks (unpaid) | A family member of any age | A serious medical condition with a significant risk of death within 26 weeks. | Up to 26 weeks |
| Critically Ill Child | 37 weeks (unpaid) | A child under 18 | A life-threatening illness or injury. | Up to 35 weeks |
| Critically Ill Adult | 16 weeks (unpaid) | An adult 18 or older | A life-threatening illness or injury. | Up to 15 weeks |
For all three family care leaves, the employee must have worked for the employer for at least 3 months.
“Family Member” is defined broadly and includes immediate and extended family, as well as individuals who are considered “like family.”
These leaves can be taken in periods of at least one week within a 52-week timeframe. An employee might transition from critically ill adult leave to compassionate care leave if the family member’s condition worsens.
Bereavement in Nova Scotia
Nova Scotia provides leave provisions for employees dealing with the death of family members.
Bereavement leave allows employees to take up to 5 consecutive working days of unpaid leave following the death of a close family member. Employees must give their employer as much notice as possible when taking bereavement leave.
Crime-related death or disappearance leaves in Nova Scotia
Crime-related death or disappearance leave provides unpaid leave for parents and guardians facing the death or disappearance of their child (under 18) resulting from a probable crime. To qualify, employees must have worked with the same employer for at least 3 months.
This leave provides:
- Up to 52 consecutive weeks of unpaid leave if a child has disappeared
- Up to 104 consecutive weeks of unpaid leave if a child has died
The leave is not available to employees who have been charged with a crime related to the child’s death or disappearance.
If a missing child is found alive during the 52-week leave period, the employee can continue the leave for 14 more days. If the child is found dead, the leave ends immediately, and the employee can start 104 weeks of leave related to the death.
If it is determined that the death or disappearance is no longer likely the result of a crime, the employee can continue the leave for 14 more days and must notify the employer of their return to work as soon as possible.
Source: Crime-related Child Death or Disappearance Leave, Halifax
Civic Duty and Other Leaves in Nova Scotia
Nova Scotia provides four leaves related to civic duties and other important life events.
| Leave Type | Duration | Payment Status | Notice Requirement |
| Court Leave | As required for jury duty or as a subpoenaed witness. | Unpaid | As much as reasonably practicable. |
| Citizenship Ceremony | Up to 1 day. | Unpaid | 14 days if possible, or as much as is reasonably possible. |
| Reservist Leave | Up to 24 months in a 60-month period (except in a national emergency). | Unpaid | 4 weeks’ written notice, or as much as possible in an emergency. |
| Emergency Leave | For the duration of a declared emergency that prevents work. | Unpaid | As soon as possible. |
Emergency Leave applies when an emergency is declared under provincial or federal acts and prevents an employee from working, or if they must care for a family member affected by the emergency.
Source: Leaves of absence and breaks, Legal Info Nova Scotia
What EI benefits are available during leaves in Nova Scotia?
While most leaves under Nova Scotia’s Labour Standards Code are unpaid, the federal Employment Insurance (EI) program offers financial assistance in many cases. These benefits include:
- Maternity and Parental Benefits: For those on pregnancy and parental leave.
- Sickness Benefits: Up to 26 weeks for eligible individuals on sick or serious illness leave.
- Compassionate Care Benefits: Employees on compassionate care leave are entitled to up to 26 weeks of support.
- Family caregiver benefits: Up to 35 weeks for critically ill children and up to 15 weeks for critically ill adults
Check out our guides on key leaves, rights and obligations in other provinces, including:
- Leave of Absence in Alberta
- Leave of Absence in Ontario
- Leave of Absence in New Brunswick
- Leave of Absence in British Columbia
FAQs on Leave of Absence in Nova Scotia
Are adoptive parents entitled to parental leave?
Yes, adoptive parents are entitled to the same parental leave benefits as birth parents. They can take up to 77 weeks of unpaid leave within 18 months of the child's arrival in their home. The same notice requirements apply, though if the adoption occurs sooner than expected, employees should give as much notice as possible.
Can I be fired for taking a leave in Nova Scotia?
No, it is against the law for an employer to fire, layoff, or discriminate against an employee because they have taken, said they intend to take, or the employer believes they may take a leave permitted under the Labour Standards Code.
What are my rights when returning from leave?
When returning from a protected leave, your employer must: - Reinstate you to the same position you held immediately before the leave began, or - If that position is unavailable, place you in a comparable position with no loss of seniority or benefits This protection applies to all protected leaves under the Labour Standards Code.
The Bottom Line
Most leaves in Nova Scotia are unpaid, though some exceptions exist, such as the partially paid domestic violence leave. While on leave, you maintain important job protections, including the right to return to your position or a comparable one and the option to continue your benefits plans at your own expense.
For detailed information or complex situations, it is recommended to consult the Nova Scotia Labour Standards Division or an employment lawyer.
