Okay, so without the amendment, as it is written now, what proposed subsection 206.7(3) does is actually remove the entitlement you have in subsection 2. There is the leave to which an employee is entitled, and then there's the exception, when it is not entitled. There's nothing in there that says the employer is banned from, or the employer is not allowed to.... Of course, the employer here cannot substitute himself for the judicial system—who says who and all that stuff.
For example, the person has experienced violence in his or her life and the person is not at work that day and is calling. Whether the person is at a shelter or a police station, and says, “I cannot go in. I'll let you know later on, but there's violence in my life”, that's all the person needs to say.
Eventually the employer, as you know, may request a kind of explanation or documentation. However, then the question is, can the employer say, “That's okay, I understand. I'll give you the leave.” I'm maybe implying here, can the employer take reprisal because the person was not entitled, but that doesn't mean the employer cannot give it. There's a section in the act that prevents reprisals for applying for a leave.
The employee eventually is recognized.... Well, here we don't need to be guilty; we need to be accused. If the person is accused but eventually it's, no, he shouldn't have been accused, then it's an issue between the employer and the employee. It's an unpaid leave. The person was already absent, but the employer cannot make reprisals against the employee.
Does that answer your question?