Mr. Speaker, I rise in the House today to take part in the debate at second reading of Bill C-343, An Act to amend the Canada Labour Code and the Employment Insurance Act (family leave).
This bill introduced by the hon. member for Compton—Stanstead has four components. First, it amends the Canada Labour Code to allow federal government employees to take unpaid leave from work under very exceptional circumstances: if their spouse, common-law partner or child has died during the commission or as the direct result of a criminal offence; if their minor child has gone missing; if their spouse, common-law partner or child commits suicide; or if their minor child is unable to carry on regular activities, in other words lead a relatively normal life, following the commission or as the direct result of a criminal offence.
In addition to granting unpaid leave, the bill also amends the Employment Insurance Act to allow these same employees to receive benefits while on leave for a limited period.
There is no provision in the Canada Labour Code that would allow a federal employee to take unpaid leave for the loss of a loved one under circumstances such as the ones I just mentioned.
One of the legislator's roles is to review and reinterpret legislation in light of society's ever-changing needs. In this case, we are concerned about the needs of families that have been struck by tragedy: the death or suicide of a spouse or child. Moreover, we believe that victims of crime who are left with serious injuries need the support of their immediate family.
Our society has undergone huge changes in recent years. Spouses and parents usually work outside the home and have a fixed schedule. We know that women and mothers commonly work both at home and at paid jobs, so they can seldom take time off work, even for a reason as important as wanting to mourn with their family.
Other changes have also left their mark on our society. Our legislation has always been designed to punish the perpetrators of crime. But until quite recently, the plight of victims of crime has received little or no attention. For some time now, government has altered its perception of what causes crime and what constitutes appropriate punishment, but it has done so unevenly.
As part of this humanistic approach to crime, government is now focusing on victims' rights. This bill is designed to help victims' immediate family members by providing them with financial support for a given time. The fact that it has been introduced here is an indication that our employment insurance program and our labour code no longer meet the needs of Canadians, the vast majority of whom now hold paying jobs.
The sudden disappearance of a child or spouse is a traumatic event. Even though there is very little we can do to help a crime victim's family, it is clear that not having to worry about losing one's job and having access to employment insurance benefits can offer some relief.
When the Liberals were in power, they proposed providing financial support to families through compassionate leave. The goal was to help employees, regardless of whom they worked for, who were forced to leave work to take care of a seriously ill or dying relative. Since January 2004, eligible workers have received six weeks of employment insurance benefits for compassionate care leave along with eight weeks of job protection under the Canada Labour Code. Such individuals could leave work temporarily without worrying about losing pay or the job itself if a parent, spouse or child was dying or seriously ill.
Along the same lines, Bill C-343 seeks to help families in certain extremely exceptional cases for “family reasons” by providing them with employment insurance benefits and protection under the Canada Labour Code. However, this is only for federal government employees. It makes sense for the Government of Canada, as an employer, to set an example for businesses in Canada.
This bill should be studied in committee to give the House an opportunity to review and rationalize the entire concept of “family leave”, which already includes parental leave, compassionate care leave and maternity leave.
Right now, all of these components can cause some confusion with the way the law is written.
We are waiting for the Conservative government to follow up on the recent throne speech with a proposal for Canadians. We are waiting. We will have to make sure that the government's bill is not contrary to the fundamentals of Bill C-343.
We believe that there is a clear need for this bill. However, a number of elements require closer examination. This bill proposes that “close family members” should include spouses, common-law spouses and children, but it does not include the death, under similar circumstances, of the employee's mother or father.
Second, the duration of the unpaid leave requires further study. The bill provides for 104 weeks of leave for an employee if their child is injured during the commission of a crime and needs the constant presence of the parent. This amount of leave, as well as the 104 weeks of leave following the death of the spouse, common-law partner or child as the result of a crime, should be reviewed. Finally, the bill provides for 52 weeks of leave in the case of the disappearance of a minor child.
The bill raises a number of questions regarding the duration of the unpaid leave under the Canada Labour Code and the Employment Insurance Act especially since the 2004 legislation provides only six weeks, or 42 days, of compassionate care leave with employment insurance benefits and eight weeks of employment protection under the Canada Labour Code.
There should be greater consistency in the duration of the different types of family leave.
What is being proposed in Bill C-343 is not new. Quebeckers in these circumstances are already protected by Quebec legislation.
We should take a closer look at Quebec's legislation in order to determine what it has to say regarding this bill when the bill is studied by the Standing Committee on Human Resources, Social Development and the Status of Persons with Disabilities.
The newspapers and television often report terrible news about the death of an individual during the commission of a crime. Or we hear about an entire neighbourhood or village that has volunteered for days or weeks to help the police find an eight-year-old who disappeared without a trace while returning home from school.
Canada is not a country where families are afraid to walk in a park on a Sunday afternoon. However, crimes do take place here and we must recognize, in our Canadian legislation, that the state must help victims of crime and their families.
I will be voting in favour of Bill C-343 so that it can be studied in committee and I congratulate the member for Compton—Stanstead on her initiative.