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Difference between revisions of "Employment Law Issues (9:V)"
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Employment Law Issues (9:V) (view source)
Revision as of 20:48, 27 September 2022
, 20:48, 27 September 2022→1. Covid-19 Related Leaves under the ESA
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Section 52.12 of the ESA allows eligible employees to take unpaid leave if an employee has contracted Covid-19 or has been exposed to it, until the employee is no longer suffering the circumstance which caused them to take the leave. No note from a medical practitioner is not to be provided for this leave. Additionally, those who are required to quarantine or self-isolate under health agency guidelines, who are directed by the employer not to work, who are required to care for a child because of school or daycare closure, or who are trapped outside of BC as a result of travel restrictions (among other reasons listed in the amendment) are provided protection under the amendment. If an employer dismisses an employer who is on an unpaid Covid-19 leave, there can be a claim of a breach of the Employment Standards Act (see ESA s. 52.12). See full section for further details. | Section 52.12 of the ESA allows eligible employees to take unpaid leave if an employee has contracted Covid-19 or has been exposed to it, until the employee is no longer suffering the circumstance which caused them to take the leave. No note from a medical practitioner is not to be provided for this leave. Additionally, those who are required to quarantine or self-isolate under health agency guidelines, who are directed by the employer not to work, who are required to care for a child because of school or daycare closure, or who are trapped outside of BC as a result of travel restrictions (among other reasons listed in the amendment) are provided protection under the amendment. If an employer dismisses an employer who is on an unpaid Covid-19 leave, there can be a claim of a breach of the Employment Standards Act (see ESA s. 52.12). See full section for further details. | ||
Section 52.121 of the ESA provided for an amount to be paid to employees taking paid leave due to Covid-19, but the eligibility period for this section ended on December 31, 2021, and this section has been repealed. | Section 52.121 of the ESA provided for an amount to be paid to employees taking paid leave due to Covid-19, but the eligibility period for this section ended on December 31, 2021, and this section has been repealed. | ||
=== 2. Covid-19 and Section 65 (1) (d) Impossible to Perform === | === 2. Covid-19 and Section 65 (1) (d) Impossible to Perform === | ||