Paid Sick Leave for BC Workers

The BC government has announced plans for a paid sick leave program to support BC workers during the COVID-19 pandemic.

The proposed legislation to amend the BC Employment Standards Act was tabled May 11, 2021 and, after royal assent is received, will provide for the following:

  • Up to 3 days of paid sick leave for BC workers who have been diagnosed with COVID-19 or who are waiting for COVID-19 test results and need to self-isolate while following the guidelines of the BC Centre for Disease Control.
  • Full-time and part-time employees are eligible for the leave.
  • Employers will be required to pay workers their regular wages. Employers can then apply for reimbursement, up to a maximum of $200 per day, through WorkSafeBC.
  • Any employer that does not currently have paid sick leave benefits will be eligible for reimbursement.
  • Under the proposed legislation, when a worker requests to take this leave, an employer can ask for reasonably sufficient proof, although no doctor’s note is required.
  • This leave will be in effect until December 31, 2021.

To support this leave, WorkSafeBC will set up and administer the employer reimbursement program on behalf of the Province with funds provided by the BC government. The reimbursement system is expected to be set up in June, at which point, employers will be asked to register with WorkSafeBC to enable reimbursement. It is understood that this program is not part of the workers’ compensation system and will not affect employer premiums or WorkSafeBC’s accident fund.

The intention of the paid sick leave is to provide pay to BC workers who don’t yet qualify for the federal Canada Recovery Sickness Benefit. The Canada Recover Sickness Benefit provides $500 per week for up to 4 weeks (previously 2 weeks) for employees who work less than 50% of their work week because they are sick or need to self-isolate, or have an underlying health condition that puts them at greater risk of getting COVID-19.

Starting January 1, 2022, a permanent paid sick leave program will be implemented to supplement the existing 3 days of unpaid job-protected leave for personal illness or injury. The number of paid days and further details will be announced at a later date.

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Additional COVID-Related Leaves

Throughout the pandemic, the provinces and territories have implemented additional paid and unpaid leaves of absence, on a temporary basis, to address the needs to workers. Please see below for relevant provisions:

British Columbia

  • COVID-19 Related Leave – This leave provides unpaid leave to employees who have been diagnosed with COVID-19 and are required to quarantine or self-isolate, have been directed by their employer to not work due to a concern about the employee’s exposure to others, are providing care to an eligible person, or, because they are outside of BC, cannot return due to travel and/or border restrictions.
  • Leave for COVID-19 Vaccination – Where it is not possible for an employee to get a COVID-19 vaccine outside of work hours, employees can have up to 3 hours of paid leave to get their vaccine.

Alberta

  • COVID-19 Leave – Employees who are in quarantine due to COVID-19 are eligible for up to 14 days of unpaid leave.
  • Paid COVID-19 Vaccination Leave – Employees covered by the Employment Standards Code can access up to 3 hours of paid leave to get each dose of the COVID-19 vaccine. Employers and employees are encouraged to work together to make sure vaccination appointments happen as soon as possible while also minimizing disruption in the workplace.

Saskatchewan

  • Public Health Emergency Leave – This is an unpaid leave for employees who are required to isolate as ordered by their employer, the government, their doctor, or the chief medical health officer of Saskatchewan, or if they are required to care for their child or family member who are affected by an order.
  • COVID-19 Vaccine Leave – Workers are able to take a minimum of 3 consecutive hours of paid time off to receive a COVID vaccine during work hours.

Manitoba

  • Public Health Emergency Leave – This job-protected unpaid leave is for employees who are unable to work due to circumstances related to the COVID-19 pandemic.
  • Manitoba Pandemic Sick Leave – This program provides employers with up to $600 per employee for up to 5 days for COVID-19 related sick leave, including time off for testing, vaccinations and side-effects, self-isolation due to COVID symptoms, or care of a loved one in any of these circumstances.

Ontario

Quebec

  • Non-work-related accident or illness – This has not changed due to COVID-19. Employees with at least 3 months of service are entitled to the first 2 days of absence with pay if they are absent from work due to sickness or an accident, to fulfill family obligations relating to the care, health or education of their child or to fulfill family obligations as an informal caregiver to a relative or another person owing to their state of health, in addition to a number of other reasons.

New Brunswick

Nova Scotia

  • Emergency Leave – This unpaid leave is for employees who cannot work because a government agency declares an emergency, or because they need to provide care or assistance to a family member affected by the emergency.

Newfoundland & Labrador

Prince Edward Island

  • Emergency Leave – This is an unpaid leave of absence from work which continues as long as an employee cannot perform their work duties because of an emergency. This leave applies only when a government agency declares an emergency.

Yukon

  • COVID-19 Leave – This leave provides a 14-day unpaid leave to employees if they or someone in their care is ordered to follow a health protection measure such as self-isolation.
  • COVID-19 Paid Sick Leave Rebate – Workers may receive up to 10 days of wages if they are sick, self-isolating or caring for other household members affected by COVID-19. Eligible employers can apply for a rebate for the 10 paid sick days, up to a maximum daily rebate of $378.13 per employee.

Federal

  • Unpaid Leave Related to COVID-19 – Employees working in federally regulated workplaces may be entitled to 2 unpaid leaves related to COVID-19 (a leave for up to 4 weeks and a leave of up to 38 weeks).