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NL · Labour Standards Act (minimum employment standards) · Article 43.16 · clause 43.16 · RSNL1990 c L-2

PART VII .3 COMPASSIONATE CARE LEAVE — Employee protection

43.16

(1) An employer shall not dismiss an employee or give notice of dismissal to an employee because an employee intends to take, applies for or takes a leave of absence under this Part.

43.16(2)

Where an employee is dismissed contrary to subsection (1), the onus of proving that the reason for dismissal is unrelated to the compassionate care leave rests with the employer.

43.16(3)

An employer shall reinstate an employee at the end of the employee’s leave of absence under this Part on terms and conditions that are not less beneficial than those that subsisted before the leave began.

43.16(4)

Unless the employer and the employee otherwise agree, a period of leave under this Part does not count towards the application of the rights, benefits and privileges conferred by this Act upon an employee, but the period worked upon resumption of employment after leave shall be considered, for the purpose of this Act, to be continuous with the period worked before the leave.

Not legal advice. Verify the cited article against the signed agreement.