B.C. introduces new unpaid leaves for workers during COVID-19

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With the coronavirus pandemic continuing to evolve, the Government of British Columbia has introduced new unpaid leaves for workers impacted by COVID-19. These changes to the Employment Standards Act, which were passed in the B.C. legislature on March 23, 2020, created two new unpaid leaves that are relevant for both unionized and non-unionized employees.

COVID-19 related leaves

The first new leave is a temporary measure that applies only for the duration of the COVID-19 public health emergency. This COVID-19 related leave provides employees with the right to take an unpaid leave of absence in the following circumstances:

  1. The employee has been diagnosed with COVID-19 and is acting in accordance with the instructions of a medical professional;
  2. The employee is in quarantine or self-isolation pursuant to a provincial order or the guidelines of the BC Centre for Disease Control or pursuant to a federal order or the guidelines of the Public Health Agency of Canada;
  3. The employee is providing care to a child or to a dependent adult;
  4. The employee is outside B.C. and cannot return to the province because of travel or border restrictions; or
  5. They are directed not to report to work by their employer due to concerns about their exposure to others.

It is important to note that during this public health emergency, people can take this job-protected leave for as long as the circumstance that requires them to be away from work applies. While employers cannot ask for medical documentation (such as sick notes), they can request “reasonably sufficient proof” that an employee is eligible for leave.

While on job-protected leave related to the COVID-19 crisis, workers may also be eligible for financial support through expanded Employment Insurance benefits through the federal government.

Unlike previous changes to the Employment Standards Act this year, COVID-19 related leaves apply to both unionized and non-unionized workers. COVID-19 related leaves are retroactive to January 27, 2020, aligning with the first presumptive case of COVID-19 in British Columbia.

Leave for illness or injury

The second new leave is a permanent measure that will provide unpaid job-protected leave for workers experiencing illness or injury. The leave provides workers with up to three days of leave on an annual basis.

For additional information on new leaves, please see the B.C. Employment Standards Branch.