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27 April 2020

COVID-19: Special Leave Provisions (April 17, 2020)

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Miller Thomson LLP

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Miller Thomson LLP (“Miller Thomson”) is a national business law firm with approximately 500 lawyers across 5 provinces in Canada. The firm offers a full range of services in litigation and disputes, and provides business law expertise in mergers and acquisitions, corporate finance and securities, financial services, tax, restructuring and insolvency, trade, real estate, labour and employment as well as a host of other specialty areas. Clients rely on Miller Thomson lawyers to provide practical advice and exceptional value. Miller Thomson offices are located in Vancouver, Calgary, Edmonton, Regina, Saskatoon, London, Waterloo Region, Toronto, Vaughan and Montréal. For more information, visit millerthomson.com. Follow us on X and LinkedIn to read our insights on the latest legal and business developments.
As a result of COVID-19, the federal government and many provincial governments have amended employment standards legislation to provide for COVID-19 related leaves of absence.
Canada Coronavirus (COVID-19)

COVID-19: Special Leave Provisions

As a result of COVID-19, the federal government and many provincial governments have amended employment standards legislation to provide for COVID-19 related leaves of absence. This chart summarizes those provisions and is current to April 17, 2020.

COVID-19: Special Leave Provisions Across Canada

Federal

As of March 25, 2020, and until September 30, 2020, employees are not required to obtain a medical certificate in order to exercise their entitlement to compassionate care leave, critical illness leave, or medical leave. Employees working in a federally regulated workplace are entitled to up to 16 weeks of unpaid, job-protected leave if they are unable or unavailable to work due to COVID-19. For example, employees may take this leave if they are:

- being quarantined or asked to self-isolate as a result of COVID-19

- being required to provide care to a family member as a result of COVID-19, or

- otherwise unable to work for reasons related to COVID-19.

To take this leave, employees must:

- provide their employer with written notice, as soon as possible, of the reason for the leave and the length of leave they intend to take, and

- notify their employer in writing, as soon as possible, of any changes to the length of their leave.

Note: This leave is temporary and is not retroactive. On October 1, 2020, this leave will be repealed, but a modification to the existing medical leave will come into force on that date which will allow a leave of absence of up to 16 weeks due to quarantine.

Download >> COVID-19: Special Leave Provisions (Current To April 17, 2020)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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