Critically Ill Child/Adult
Critically ill child
If a qualified medical practitioner certifies that the child requires the care or support of their parent or family member, the employer must grant the employee a leave of absence without pay for up to 37 weeks.
The leave can only be taken during a specific period and both parents or family members of the same child cannot exceed a combined total of 37 weeks of leave.
The employee must inform the employer in writing of their intention to take the leave and provide the necessary certificate. If the employee needs to change the duration of the leave, they must inform the employer in writing as soon as possible.
When the employee returns to work, the employer must allow them to resume their position or an equivalent position with no decrease in pay and no loss of benefits accrued before the leave.
Critically ill adult
if an employee has a family member who is critically ill and at risk of dying, the employer must allow the employee to take up to 16 weeks of unpaid leave from work to provide care or support for that family member.
The employee must provide a certificate from a qualified medical practitioner that confirms the family member's illness and the need for care or support.
The leave can only be taken during a certain period of time and both parents or family members cannot take more than a total of 16 weeks off combined.
The employee must inform their employer in writing of their intention to take the leave and provide the certificate. If the duration of the leave needs to be changed, the employee must inform the employer in writing.
The employer is not required to extend the leave beyond 16 weeks. When the employee returns to work after the leave, they must be given their old job back or an equivalent position with no pay decrease or loss of benefits.
NB Employment Standards Act s.42.025-42.0251