BC protects “COVID Leave” for workers
On March 23, 2020, the BC Legislature passed an amendment to the Employment Standards Act codifying protections for workers who are absent from their workplace as a result of COVID-19.
This amendment adds to the protected leaves covered by Part 6 of the Employment Standards Act. Prior to this amendment, Employers were prohibited from terminating an employee who takes maternity leave, parental leave, family responsibility leave, compassionate care leave, jury duty, or leave to care for a critically injured or ill family member. The Act was also amended in 2020 to include protections for leaves related to domestic violence.
Contrary to the expectations of most employees, sick leave was not protected by the Act. The new amendments include three days of protected sick leave per year for employees.
In addition, the following COVID-19 related leaves are protected by the Act:
Employees who are diagnosed with COVID-19 and are following the advice of a medical practioner or order of a medical health officer;
Employees who quarantine or self-isolate in accordance with an order of the provincial health officer, pursuant to the Quarantine Act of Canada, or pursuant to the guidelines set by the BC Centre for Disease Control or guidelines of the Public Health Agency of Canada;
Employees who have been directed by their employer not to work due to the employer’s concern about the employee’s exposure to others;
Employees providing care to an eligible person, including because of the closure of a school or daycare;
Employees who cannot return to work because of travel or border restrictions.
It is important that Employers and Employees familiarize themselves with these protections. Part 6 of the Act can be found here.
As well, Employers and Employees should stay up to date on the orders and guidelines of the provincial health officer affecting their workplaces, which can be found here.
