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(1) An employer must give an employee who requests leave under this Part the leave to which the employee is entitled.(2) An employer must not, because of an employee's pregnancy or a leave allowed by this Part,(a) terminate employment, or(b) change a condition of employment without the employee's written consent.(3) As soon as the leave ends, the employer must place the employee(a) in the position the employee held before taking leave under this Part, or(b) in a comparable position.(4) If the employer's operations are suspended or discontinued when the leave ends, the employer must, subject to the seniority provisions in a collective agreement, comply with subsection (3) as soon as operations are resumed.
(1) The services of an employee who is on leave under this Part or is attending court as a juror are deemed to be continuous for the purposes of(a) calculating annual vacation entitlement and entitlement under sections 63 and 64, and(b) any pension, medical or other plan beneficial to the employee.(2) In the following circumstances, the employer must continue to make payments to a pension, medical or other plan beneficial to an employee as though the employee were not on leave or attending court as a juror:(a) if the employer pays the total cost of the plan;(b) if both the employer and the employee pay the cost of the plan and the employee chooses to continue to pay his or her share of the cost.(3) The employee is entitled to all increases in wages and benefits the employee would have been entitled to had the leave not been taken or the attendance as a juror not been required.(4) Subsection (1) does not apply if the employee has, without the employer's consent, taken a longer leave than is allowed under this Part.(5) Subsection (2) does not apply to an employee on leave under section 52.2.
An employer must not induce, influence or persuade a person to become an employee, or to work or to be available for work, by misrepresenting any of the following:(a) the availability of a position;(b) the type of work;(c) the wages;(d) the conditions of employment.(1) An employer must either(a) ensure that an employee has at least 32 consecutive hours free from work each week, or(b) pay an employee 1 1/2 times the regular wage for time worked by the employee during the 32 hour period the employee would otherwise be entitled to have free from work.(2) An employer must ensure that each employee has at least 8 consecutive hours free from work between each shift worked.(3) Subsection (2) does not apply in an emergency.(1) Despite sections 35, 36 (1) and 40 but subject to this section, an employer and employee may agree to average the employee's hours of work over a period of 1, 2, 3 or 4 weeks for the purpose of determining the employee's entitlement, if any, to overtime wages under subsections (4) and (6) of this section and wages payable under subsection (8) or (9) (b).(2) An averaging agreement under subsection (1) is not valid unless(a) the agreement(i) is in writing,(ii) is signed by the employer and employee before the start date provided in the agreement,(iii) specifies the number of weeks over which the agreement applies,(iv) specifies the work schedule for each day covered by the agreement,(v) specifies the number of times, if any, that the agreement may be repeated, and(vi) provides for a start date and an expiry date for the period specified under subparagraph (iii),(b) the schedule in the agreement under paragraph (a) (iv) is in compliance with subsection (3), and(c) the employee receives a copy of the agreement before the date on which the period specified in the agreement begins.(3) A work schedule in an agreement under this section must not provide for more than the following hours of work for the employee:(a) 40 hours, if the agreement specifies a 1 week period under subsection (2) (a) (iii);(b) an average of 40 hours per week, if the agreement specifies more than a 1 week period under subsection (2) (a) (iii).(4) An employer under this section who requires, or directly or indirectly allows, an employee to work more than 12 hours a day, at any time during the period specified in the agreement, must pay the employee double the employee's regular wage for the time over 12 hours.(5) An employer under this section who requires, or directly or indirectly allows, an employee to work more than an average of 40 hours a week within the period specified in the agreement must pay the employee 1 1/2 times the employee's regular wage for the time over 40 hours.(6) An employer under this section who requires, or directly or indirectly allows, an employee to work more than the hours scheduled for a day during the period of the agreement must pay the employee(a) 1 1/2 times the employee's regular wage for,(i) if fewer than 8 hours were scheduled for that day, any time worked over 8 hours, or(ii) if 8 or more hours were scheduled for that day, any time worked over the number of hours scheduled, and(b) double the employee's regular wage for any time worked over 12 hours that day.(7) For the purpose of calculating average weekly hours for an employee under subsection (5),(a) only the first 12 hours worked by the employee in each day are counted, no matter how long the employee works on any day of the week, and(b) if subsection (6) applies, the time that the employee works beyond the scheduled hours and for which the employee is paid in accordance with that subsection, is excluded.(8) Section 36 (1) applies in relation to an averaging agreement if the period specified in the agreement is 1 week.(9) If the period specified in an averaging agreement is more than 1 week, the employer must either(a) ensure that for each week covered by the agreement, the employee has an interval free from work of 32 consecutive hours, whether the interval is taken in the same week, different weeks or consecutively any time during the weeks covered by the agreement, or(b) pay the employee 1 1/2 times the regular wage for time worked by the employee during the periods the employee would otherwise be entitled to have free from work under paragraph (a).(10) At the employee's written request, the employer and employee may agree to adjust the work schedule referred to in subsection (2) (a) (iv) provided that the total number of hours scheduled in the agreement remain the same.(11) The parties to an averaging agreement under this section are bound by that agreement until the expiry date set out in the agreement or a later date provided in an agreement to repeat the averaging agreement, as the case may be, and the provisions of the averaging agreement apply for the purpose of determining the employee's entitlement, if any, to overtime wages under subsections (4) and (6) and wages payable under subsection (8) or (9) (b).(12) Subsections (2) to (11) are deemed to be incorporated in an averaging agreement under this section as terms of the agreement.(13) An employer must retain an averaging agreement under this section for 2 years after the employment terminates.(14) The application and operation of an averaging agreement under this section must not be interpreted as a waiver described in section 4.(1) An administrative fee imposed under section 30.1 is a debt payable to the government.(2) If a farm labour contractor fails to pay the administrative fee as required under section 30.1, the director may do one or more of the following:(a) suspend, cancel or refuse to reinstate the farm labour contractor's licence, or refuse to grant a new licence to the farm labour contractor, until the fee is paid;(b) file with the Supreme Court a copy of the notice referred to in section 30.1 (2).(3) On being filed, the notice is enforceable in the same manner as a judgment of the Supreme Court in favour of the director for the recovery of the amount of the fee stated in the notice.(4) Sections 79 and 98 do not apply to a contravention of section 30.1.(1) An employer must ensure(a) that no employee works more than 5 consecutive hours without a meal break, and(b) that each meal break lasts at least a 1/2 hour.(2) An employer who requires an employee to work or be available for work during a meal break must count the meal break as time worked by the employee.