COVID-19 is having an unprecedented impact on workplaces across the country. In response to the pandemic and the disruption of workplaces, various governments have announced amendments to their respective employment standards legislation. The Canadian government has amended the Canada Labour Code to create a leave of absence for reasons related to COVID-19, as well as other similar amendments. These amendments are relevant for federally regulated employers, such as banks, airlines and telecommunications companies. For provincially regulated employers, please see our article summarizing the various provincial amendments. 

COVID-19 Leave Entitlements

Every employee is entitled to job-protected leaves of absence for up to 16 weeks if the employee is unable to work for reasons related to COVID-19.

Pension, health and disability benefits and the seniority of the employee continue to accumulate during the entire period of COVID-19 leave. The employee and employer must pay their respective contributions during this time. Additionally, if the employee requests, employers must inform employees of every employment opportunity that arises while the employee is on COVID-19 leave.

If an employee takes COVID-19 leave, they must provide their employer with written notice outlining the reason and length of time for the leave. Employers can also require a written declaration in support of the reasons for the leave.

Finally, an employer cannot rely on an employee taking a leave of absence in these circumstances as a reason to discipline an employee or make decisions regarding promotions.

Other Amendments

The amendments to the Canada Labour Code also allow employees to use Medical Leave for up to 16 weeks as a result of a quarantine.

Further, employees can now exercise their entitlements under Compassionate Care Leave, Critical Illness Leave, or Medical Leave without a medical certificate. Also, no documentation to support Critical Illness Leave will be required until September 30, 2020.

The Employment Insurance Act was also amended to allow for the Minister of Employment and Social Development to make sweeping interim orders for the purposes of mitigating the economic effects of COVID-19.

The Canadian Government has also introduced the Canada Emergency Response Benefit. For information on the Canada Emergency Response Benefit please see our article summarizing that benefit.