If an employee is a parent of a child who has died or disappeared as a result of a crime, they are entitled to a leave of absence without pay for up to 37 weeks.

Both parents are entitled to this leave if they work for the same employer. However, if the employee is charged with the crime, they are not entitled to the leave.

The leave can only be taken between the day the death or disappearance is discovered and 37 weeks after that day.

• If the child is found alive during this period, the leave ends 14 days after the child is found.

• If the child is found dead, the leave ends 37 weeks after the child is found.

If it is no longer probable that the child disappeared or died as a result of a crime, the leave ends 14 days after that day, unless the employer and employee agree to an earlier date to return to work.

The employee must inform the employer in writing as soon as possible of their intention to take the leave, the anticipated start date, and the duration.

The employer may require reasonable documentation to support the entitlement to the leave. If circumstances require a change in the duration of the leave, the employee must inform the employer in writing.

The employer is not required to extend the leave beyond 37 weeks, and when the employee returns to work, they must be allowed to resume their previous position or an equivalent one without a decrease in pay or loss of benefits.

NB Employment Standards Act s.42.026