In addition to the recently announced statutory leaves in response to COVID-19, there are other forms of statutory leave in place under employment standards legislation across Canada. Many employees may also be entitled to sick or personal leave in accordance with employer policies, collective agreements or short-term disability insurance plans.

The following are some forms of statutory leave which may apply to COVID-19 related absences.

Ontario

Sick Leave:  Up to 3 days of unpaid leave due to personal illness, injury or medical emergency. 2 consecutive weeks of employment is required to qualify.

Family Responsibility Leave:  Up to 2 days of unpaid leave due to the illness, injury, medical emergency or urgent matter related to a qualified individual (e.g. child, parent, etc.). 2 consecutive weeks of employment is required to qualify.

Family Medical Leave:  Up to 28 weeks of unpaid leave to provide care or support to an qualified individual if a qualified health practitioner issues a certificate stating that the individual has a serious medical condition with a significant risk of death occurring within a period of 26 weeks.

Family Caregiver Leave:  Up to 8 weeks unpaid leave to provide care or support to a qualified individual if a qualified health practitioner issues a certificate stating that the individual has a serious medical condition (chronic or episodic).

Critical Illness Leave:  Up to 37 weeks (17 weeks in the case of a critically ill adult) unpaid leave to provide care or support to a critically ill minor child whose baseline state of health has significantly changed and whose life is at risk as a result of an illness or injury if a qualified health practitioner issues a certificate that states that the minor child requires the care or support of one or more family members and sets of the period during which the care or support is required. 6 consecutive months of employment is required to qualify.

For complete details, please see the Ontario Government's Guide to the Employment Standards Act.

Alberta

Personal and Family Responsibility Leave:  Up to five days of unpaid leave for the health of the employee or  for the employee to meet his or her family responsibilities in relation to a family member (as defined in the legislation). 90 days' employment is required to qualify.

Long-Term Illness and Injury Leave Critical Illness Leave:  Up to 16 weeks of unpaid leave due to illness, injury or quarantine, supported by a medical certificate. 90 days' employment is required to qualify.

Compassionate Care Leave:  Up to 27 weeks of unpaid leave to care for gravely-ill family member (as defined in the legislation) who is at significant risk of dying within 26 weeks, as established by a medical certificate. 90 days' employment is required to qualify.

Critical Illness Leave:  Unpaid Leave of up to 36 weeks to provide care and support to a child or up to 16 weeks for an adult family member, supported by a medical certificate. 90 days' employment is required to qualify.

For complete details, please see the Alberta Government's webpage on job-protected leaves.

British Columbia

Family Responsibility Leave:  Up to five days of unpaid leave to help with the care, health or education of a child under the age of 19, or for the care for the health of any other member of their immediate family.

Compassionate Care Leave:  Up to 27 weeks of unpaid leave to care for a family member (as defined in the legislation) who has a serious medical condition and is at risk of death within 26 weeks, as supported by a medical certificate.

Critical Illness or Injury Leave:  Up to 36 weeks of unpaid leave for the care of a child or up to 16 weeks for the care of an adult family member (as defined in the legislation), where that child's or adult family member's health has significantly changed as a result of an illness or injury, and their life is at risk, as evidenced by a medical certificate. 

For complete details, please see the BC Government's webpage on job-protected leaves.

Quebec

Sick Leave: For those who are not insured, the Act respecting labour standards allow employees to be absent from work for a period of not exceeding 26 weeks in a 12-month period due to illness. If the employee has three (3) months of continuous service, the first two (2) days of this leave may be paid (provided that the employee has not already benefited from these paid days after taking them for a leave related to family obligations).

Caring for a Family Member: An employee may be absent from work for a period of ten (10) days per year in order to fulfill obligations related to the state of health of a relative (as defined in the legislation) or a person for whom the employee acts as a caregiver. If the employee has completed three (3) months of continuous service, the first two (2) days of such leave may be compensated (provided the employee has not already benefited from these paid days as a result of taking sick leave). This may also apply to fulfilling obligations related to child care.

Leave for Serious Accident or Illness: An employee may be absent for up to 16 weeks in a 12-month period when he or she must stay with a relative or a person for whom he acts as a caregiver due to a serious accident or serious illness. This period may be extended up to 27 weeks of absence over 12 months if the ill person is suffering from a potentially fatal illness, as attested by a medical certificate.

The employee must notify the employer of his or her absence as soon as possible and take the reasonable steps within his or her power to limit the leave and its duration.

If you have any questions about the above information or other provincial/territorial leaves, please contact a member of Gowling WLG's Employment, Labour & Equalities Group.