Protecting jobs in an emergency – Amendments to BC Employment Standards Act

▤ Summary

It amends the Employment Standards Act (“ESA”) in response to the COVID-19 pandemic. The three days of illness or injury leave have been implemented on a permanent basis, while COVID-19-related leave is intended to be a temporary measure so long as the COVID-19-related circumstances last. Importantly, the amendments not only protect COVID-19-related leave, but require employers to re-employ employees who were dismissed on or after January 27, 2020 because of COVID-19-related circumstances as described in the new provisions. If an employer dismissed an employee on or after January 27, 2020, but before the foregoing amendments came into force, due to COVID-19 circumstances as described above, the employer must offer the employee re-employment in the same or comparable position and the employee’s absence will be deemed to be COVID-19-related leave. Employers may request sufficient proof of COVID-19 circumstances from the employee, however, employers must not request or require an employee to provide “a note from a medical practitioner, nurse practitioner or registered nurse.” Bill 16-2020 also anticipates further prescribed persons under care and COVID-19-related circumstances that may expand the provisions above.

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