Move over pumpkin spice there’s a new season in town, for Nova Scotia employers at least. On September 5, 2024, the Nova Scotia Government introduced Bill No. 464, Stronger Workplaces for Nova Scotia Act, which proposes significant amendments to the Labour Standards Code (the “Code”), the Occupational Health and Safety Act (the “OHSA”) and the Workers’ Compensation Act. The Bill has passed second reading and is currently before the Law Amendments Committee.

The proposed amendments include the addition of serious illness leave and family responsibility leave for employees, mandates the development of a workplace harassment prevention policy, and prescribes a new return-to-work scheme following a workplace injury.

Serious Illness and Family Responsibility Leave

The proposed amendments to the Code will provide five (5) days of unpaid sick leave for general illness, which are in addition to the three (3) days of unpaid leave already available under the Code for medical appointments and family illness that is currently available under the Code. The Bill also provides a 27-week unpaid leave for eligible employees dealing with a serious illness or injury. If the Bill passes, these leaves would come into effect on January 1, 2025.

Prevention of Harassment in the Workplace Policy

The proposed amendments to the OHSA will require employers to establish and implement a workplace harassment prevention policy. Currently, the Violence in the Workplace Regulations require some employers to have a policy preventing violence in the workplace but does not specifically address harassment. Details regarding the scope and extent of the policy and any related obligations are expected at a later date. The Bill also provides a new definition of health and safety to include both physical and psychological health and safety of employees. These proposed changes would come into effect on and after September 1, 2025.

Return to Work

The proposed amendments to the Workers’ Compensation Act will create an obligation on both the employer and injured employee to facilitate the employee’s return to work. The employer would be obligated to:

• maintain communication with the employee throughout the injury period and recovery;
• facilitate a safe and early return to work; and
• where possible, provide suitable work opportunities that restore the worker’s pre-injury earnings.

The injured employee would also be obligated to maintain communications with the employer throughout the injury period and recovery, and co-operate with the employer to find suitable work, where possible, that restores their pre-injury earnings.

Failure or refusal to comply with return-to-work obligations may result in monetary penalties for the employer and a reduction, suspension, or termination of benefits for the period of non-compliance for the employee. These proposed changes would come into effect on and after July 15, 2025.

Employers should review their current leave, harassment and occupational health and safety policies and consider what impact the Bill will have on the workplace. Employers should also remain alert as the Bill proceeds through the legislative process, as it is anticipated to come into effect early next year.

If you have any questions about the proposed legislative changes in Nova Scotia or any questions relating to workplace law, please do not hesitate to contact a Mathews Dinsdale lawyer.