laws2

Northwest Territories Leave Laws

laws

Holidays

Paid federal statutory holidays

  • New Year’s Day – 1st January
  • Good Friday – 2 days before Easter Sunday
  • Victoria Day – Monday preceding May 25th 
  • Canada Day – 1st July
  • Labour Day – first Monday of September
  • Thanksgiving Day – second Monday of October
  • Remembrance Day – 11th November
  • Christmas Day – 25th December
  • Boxing Day – 26th December

Provincial Paid holidays

Northwest Territories have an additional holiday:

  • National Aboriginal Day – 21st June

Businesses are not required to close, but most operate on reduced hours. To be eligible to work, the employee must have:

  • Worked at least 30 calendar days in the 12 months prior to the holiday
  • Worked the scheduled shift before and after the holiday

Eligible Pay Rate and/or Entitlement:

  • If the holiday falls on a regular workday: Stat pay + 1.5 times regular rate OR regular pay for hours worked + one day paid leave (taken before the next annual vacation)
  • If the holiday falls on a non-working day: Employee will receive stat pay OR one day paid leave (taken before the next annual vacation)

Vacation

In Northwest Territories employees are entitled to 2 consecutive weeks of vacation leave for the first 6 years of employment and 3 consecutive weeks of leave after 6 years of employment.

Vacation Pay 

Employees are entitled to vacation pay of 4% of gross wages for the first 5 years of employment and 6 % of gross wages after 5 years of employment. The vacation pay must be paid at least one day before the beginning of the vacation.

The rollover policy

  • Statutory Provisions Addressing Vacation Pay

Vacation is considered earned wages.

  • Use-It-or-Lose-It Policy

In Canada is illegal to use the policy. 

  • Payment of Accrued Vacation upon Termination

The employee’s earnings must be paid upon termination of employment.

 

Accruals

  • Vacation and PTO

Vacation pay is calculated as a percentage of the gross wages an employee earns during the “year of employment”.

  • Personal leave and Family leave – Sick Leave

Employees who have worked for at least 30 days are entitled to up to 5 days of unpaid leave per year. A written notice is required and a medical certificate, if leave exceeds five days.

Maternity (Pregnancy) Leave and Parental Leave

Maternity Leave 

An eligible employee is entitled to up to 17 weeks of job-protected unpaid leave. Leave can begin up to 17 weeks before the expected birth date. Employees must provide the employer with written notice at least 4 weeks in advance and if required a medical certificate. Leave can be extended, If the actual date of delivery occurs after the estimated date of delivery. The extension must not exceed 6 weeks. Employees are entitled to 6 more weeks of leave after the delivery.

 

Parental Leave

Eligible employees are entitled to up to 61 weeks of job-protected unpaid leave to care for:

  • a newborn child of the employee;
  • a child recently adopted by the employee;
  • a child with respect to whom the employee has commenced adoption proceedings.

Parental leave may be shared and in that case, it must not exceed 69 weeks. Leave must be taken during the tame beginning on the day of birth of a child or the day on which the child arrives at home and ending:

  • 78 weeks after that time, if parental leave is taken by one employee
  • 86 weeks after that time, if parental leave is taken by more than one employee

A written notice is required.

Jury Duty Leave

All employers must allow employees to take unpaid leave in order to attend court as jurors. 

Bereavement Leave

  • An employee is entitled to unpaid bereavement leave to attend the funeral of, or memorial service for, a family member. Employees are entitled to up to 3 days if the funeral or memorial service takes place in the community in which the employee resides and up to 7 days if it takes place outside the community.

Compassionate Care Leave, Leave Related to Critical Illness (Family Caregiver Leave) and Family Violence Leave

Compassionate Care leave

An employee is entitled to up to 27 weeks of unpaid leave within the 52-weeks period to care and support a seriously ill family member with a significant risk of dying. Leave may be taken in separate periods, no shorter than a week. Leave may be shared by 2 or more employees working for the same employer, not to exceed 27 weeks. A written notice is required. An employer may require a medical certificate.  

 

Leave Related to Critical Illness (Family Caregiver Leave)

Employees are entitled to up to 37 weeks of unpaid leave to care for a critically ill child under the age of 18 and up to 17 weeks to care for a critically ill adult who is 18 years of age or older within the 52-weeks period of time. Leave may be taken in separate periods, no shorter than a week. Leave may be shared by 2 or more employees, not to exceed the given time for leave. An employer may request a medical certificate from an employee.

 

Family Violence Leave

Eligible employees are entitled to take up to 10 days of leave, the first five days are paid and up to 15 weeks of unpaid leave per year if the employee or a child of the employee experiences family violence. Leave may be taken for any of the following reasons:

  • to seek medical attention for the employee or the child of the employee in respect of a physical or psychological injury or disability caused by family violence;
  • to obtain services from a victim services organization for the employee or the child of the employee;
  • to obtain psychological or other professional counseling for the employee or the child of the employee;
  • to relocate temporarily or permanently;
  • to seek legal or law enforcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the family violence;
  • any other prescribed purposes.

Employers may require verification for leave.

Reservist Leave

Employees who are members of the reserve force and work for the same employer for at least 6 consecutive months are entitled to unpaid leave to:

  • participation in an operation, exercise, training or other military activity, and
  • treatment, recovery, or rehabilitation in respect of a physical or mental health problem that results from participation in an operation, exercise, training, or other military activity.

Employees must provide four weeks of notice to their employers. The length of leave is not specified, leave can be taken as long as it is necessary to accommodate the service.