laws2

Nunavut 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

Nunavut has additional holiday:

  • Nunavut Day – 9th July

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 Nunavut, 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

Nunavut has no statute regarding the leave.

Maternity and Parental Leave

Maternity Leave Pregnant employees are entitled to up to 17 weeks of unpaid leave, commencing at any time during the seventeen-week period immediately preceding the estimated date of delivery. Leave may be extended, but not to exceed an additional 6 weeks. Employees must provide an employer with a medical certificate if requested.  

Parental Leave Both female and male employees are entitled to take unpaid parental leave to care for their newborn or adopted child. Leave can be taken up to 37 weeks. Parental leave may be shared. Maternity and parental leave when taken by the employee may not exceed 52 weeks. Employees are eligible for leave if they have worked for the same employer for at least twelve consecutive months.

Jury Duty Leave

Nunavut has no statute regarding the leave.

Bereavement Leave

  • Nunavut has no statute regarding the leave.

Compassionate care leave, Critical Illness Leave, and Family Violence Leave

Compassionate care leave Employees are entitled to up to 8 weeks of unpaid leave to care and support a family member with a significant risk of dying within 26 weeks. Leave may be taken in periods no shorter than a week. Leave may be taken by 2 or more employees, not to exceed 8 weeks. The employee must provide written notice and a medical certificate.

 

Critical Illness Leave 

Nunavut has no statute regarding the leave.

 

Family Violence Leave

Nunavut has no statute regarding the leave.

Reservist Leave

Employees who are members of reserve force and have been an employer for the same employer for at least 6 consecutive months are entitled to unpaid leave for the following reasons:

  • participation in an operation, exercise, training, search and rescue operation, an emergency situation 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, search and rescue operation, an emergency situation, or other military activity.

Employees are required to provide employers with four weeks’ written notice. An employer may require an employee requesting reservist leave to provide a certificate from an official with the reserve force stating that the employee is a member of the reserve force and is required for service.