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5. Childcare leave

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Amended

Last amended by an amending law of 2017. 2 amendments in all.

(1)

Subject to paragraph (2), the number of hours of childcare leave that a part‑time employee who satisfies the requirements of section 12B(1) of the Act is entitled to for a relevant period is calculated in accordance with the following formula:where —

(a)

“NHWP” is the normal hours of work for one week that the part‑time employee is required to work;

(b)

“NHWF” is the normal hours of work for one week that a similar full‑time employee is required to work;

(c)

“C” is the number of days of childcare leave that a similar full‑time employee is entitled to, under section 12B(1) of the Act, for the relevant period; and

(d)

“NHDF” is the number of hours a day that a similar full‑time employee is required to work.

(2)

A part‑time employee who satisfies the requirements of section 12B(1) of the Act is entitled to not less than 2 days of childcare leave.

(3)

Subject to paragraph (4), an employer must pay a part‑time employee who is entitled to childcare leave at the employee’s hourly gross rate of pay, for each hour of childcare leave taken by the employee.

(4)

Where a part‑time employee has taken 3 days of childcare leave, the amount of payment the employee is entitled to receive from the employee’s employer under paragraph (3) must not exceed $500 for each subsequent day of childcare leave that the employee is entitled to under paragraph (1) and that is taken by the employee.

Subregulation 1

Subject to paragraph (2), the number of hours of childcare leave that a part‑time employee who satisfies the requirements of section 12B(1) of the Act is entitled to for a relevant period is calculated in accordance with the following formula:where —

(a)

“NHWP” is the normal hours of work for one week that the part‑time employee is required to work;

(b)

“NHWF” is the normal hours of work for one week that a similar full‑time employee is required to work;

(c)

“C” is the number of days of childcare leave that a similar full‑time employee is entitled to, under section 12B(1) of the Act, for the relevant period; and

(d)

“NHDF” is the number of hours a day that a similar full‑time employee is required to work.

Subregulation 2

A part‑time employee who satisfies the requirements of section 12B(1) of the Act is entitled to not less than 2 days of childcare leave.

Subregulation 3

Subject to paragraph (4), an employer must pay a part‑time employee who is entitled to childcare leave at the employee’s hourly gross rate of pay, for each hour of childcare leave taken by the employee.

Subregulation 4

Where a part‑time employee has taken 3 days of childcare leave, the amount of payment the employee is entitled to receive from the employee’s employer under paragraph (3) must not exceed $500 for each subsequent day of childcare leave that the employee is entitled to under paragraph (1) and that is taken by the employee.

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