Notice to Employees Regarding Emergency Leave (Covid-19/Coronavirus)

The main purpose of this document is to inform employees of their days of leave entitlements in their province or territory in the context of the Covid-19 pandemic.

This is a notice to employees regarding current Canadian laws regarding days of leave and new emergency leave due to the Coronavirus pandemic (Covid-19). It is a very simple document that requires little information.

The form is easy to fill out and employers can easily notify their employees of days of leave already available under their provincial/territorial employment standards acts and update their employees about new legislation.

How to use this document ?

As mentioned above, this document requires basic information about the employer, such as the name, the method the employer will use to send this notice, the date the notice will be sent, etc.

Once the document is complete, it should be saved and delivered to employees through the most effective means of communication. Typically, an e-mail will be sent to company-wide.

This notice may also be posted/displayed in the workplace to make the information more accessible.

Applicable Law

Medical, family, caregiver leave regulations differ across Canada and legislative changes are happening quickly. Some Canadian provinces have provisions to protect the jobs of employees who are absent from work because they have symptoms of Covid-19 or are caring for an immediate relative who contracted Covid-19. The above is the latest information on days of leave across Canada and new provisions tailored to the Covid-19 pandemic.

Canada (federal): Nationally, the Canada Labour Code states that an employee shall be granted five (5) medical leaves per year due to illness or in the event that the employee is required to proved care for family members. This included three (3) paid leaves applicable after three (3) months of continuous service with the same employer.

• Covid-19: Under subsection 239.01(1) of the Code, an employee is now entitled to a sick leave of absence up to sixteen (16) weeks if the employee is unable or unavailable to work for reasons strictly related to Covid-19.

Alberta: The Employment Standards Code of Alberta states that an employee is entitled to five (5) unpaid days of leave per year due to illness or family responsibilities after 90 days of employment with the same employer.

• Covid-19: The Government of Alberta has introduced a Covid-19 leave which ensures that employees can take up to fourteen (14) days of unpaid leave without fear for their employment in the event that they are required to isolate or to take care of a child or dependent adult in isolation due to Covid-19.

Ontario: The Employement Standards Act of Ontario states that employees are entitled to three (3) unpaid medical leaves per year for illness, injury or medical emergency after two (2) consecutive weeks of employment with the same employer. Employees are also entitled to the same number of days of leave, three (3) days of leave without pay per year, to take care of a family member. Finally, employees are entitled to eight (8) weeks of days of leave without pay to provide care or support to a gravely ill family member.

• Covid-19: Employees required to take days of leave because of Covid-19 are now entitled to job protection that is provided to employees of provincially regulated employers under the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020 which received Royal Assent on March 19, 2020, retroactive to January 25, 2020. Employees are therefore entitled to an indeterminate number of days of leave without pay to isolate or quarantine or to take care of a family member or a child due to the closure of schools or day care centres. In addition, no medical note or period of employment prior to this Covid-19 leave is required.

Saskatchewan: The Saskatchewan Employment Act stated that employees are not entitled to any days of leave with pay, but are entitled to twelve (12) days of leave without pay due to illness or to take care of a family member.

• Covid-19: Employees are entitled to an indeterminate amount of Public Health Emergency Leave without pay for isolation and quarantine purposes or to take care of family members, retroactive to March 6, 2020. No medical note or period of employment prior to this sick leave is required.

Quebec: The Labour Code of Quebec states that an employee is entitled to two (2) paid days of leave to take care of a relative or a person for whom the employee acts as a caregiver or because of illness, after three (3) months of continuous service with the same employer. Employees are also entitled to ten (10) days of leave per year to fulfill obligations related to the care, health or education of his or her children or the children of his or her spouse, or because of the state of health of a relative or person for whom the employee acts as a caregiver. The first two (2) days of leave shall be paid according after three (3) months of continuous service with the same employer.

• Covid-19: When isolation is ordered by the Government of Canada, the Government of Quebec or another responsible entity, Quebec residents who must be isolated because they are symptomatic, have tested positive for Covid-19, have been in contact with an infected person or are returning from a trip abroad may be granted $573 per week for a period of fourteen (14) days of isolation, or a maximum of 28 days with reasonable justification. However, this assistance offered by the Canadian Red Cross is eligible for employees who are not compensated by their employer, do not have private insurance and are not covered by any other government program.

Yukon: The Employment Standards Act of Yukon states that employees are entitled to one (1) day of leave without pay for each month of continuous employment with the same employer, less the number of days the employee has been absent due to illness or injury. Employees are therefore entitled to twelve (12) days of leave without pay per year.

Northwest Territories: The Employment Standards Act of Northwest Territories states that employees are entitled to five (5) days of leave without pay per 12-month period for reasons of illness or family responsibilities after 30 days of uninterrupted service with the same employer.

Nunavut: The Labour Standards Act of Nunavut states the employees are entitled to one leave up to eight (8) weeks to provide care and support to family members if qualified medical practitioner has issued a medical note stating that the employee's family member is gravely ill.

British Columbia: The Employment Standards Act of British Columbia states that employees are entitled to five (5) days of leave without pay to take care of a dependent child or other family members.

Manitoba: The Employment Standards Code states that employees are entitled to three (3) days of leave without pay per year for illness or family responsibilities after thirty (30) days with the same employer.

New Brunswick: The Employment Standards Act of New Brunswick states that employees are entitled to five (5) days of leave without pay per year due to illness after 90 days of continuous service with the same employer. Employees are also entitled to three (3) days of leave without pay per year to fulfill family obligations.

Nova Scotia: The Labour Standards Code of Nova Scotia states that employees are entitled to three (3) days of leave without pay per year due to illness of a child, parent or family member. Three (3) days of leave may also be taken to attend medical, dental or similar appointments during working hours.

Prince Edward Island: The Employment Standards Act of Prince Edward Island states that employees are entitled to three (3) days of leave without pay per year due to illness after three (3) months of continuous service with the same employer. Employees are also entitled to one (1)day of leave with pay per year in addition to any unused leave without pay after five (5) years of continuous service with the same employer. Finally, employees are entitled to three (3) days of leave without pay per year for family-related responsibilities after six (6) months of continuous service with the same employer.

Newfoundland and Labrador: The Labour Standards Act of Newfoundland and Labrador states that employees are entitled to seven (7) days of leave without pay per year due to illness or family-related responsibilities after 30 days of continuous service with the same employer.

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