Employees who contract COVID-19 or have family members that become infected or have to go into self-isolation are likely to invoke their employment standards rights to take a leave of absence. And while all jurisdictions allow for unpaid leave for illness and caring for family members, leave rights vary dramatically by province. Use this Cheat Sheet to keep track of the relevant leave entitlements of each jurisdiction.

Leave Rights Pertaining to Coronavirus

There are 9 potential forms of leave that could apply to coronavirus, depending on the jurisdiction:

• Newly created COVID-19 leave: FED, AB, BC, YK;
• Newly created leave for COVID-19 and other public health emergencies: MB, NB, NL, ON, PEI, SK;
• Sick leave: Fed, NB, NL, NS, NT, ON, PEI, QC, SK, YK;
• Injury/Illness leave: Fed, AB, BC, MB, SK;
• Compassionate care leave: All but QC;
• Family responsibility leave: AB, BC, MB, NB, NL, ON, PE, QC;
• Critically ill child care leave: All;
• Critically ill adult care leave: All but PEI;
• Bereavement leave: All but SK and NU; and
• Personal leave: Fed.

These leaves are generally unpaid. But there are limited exceptions. For example, several jurisdictions provide for paid bereavement leave.

Takeaway

Keep in mind that employment standards requirements represent minimum leave entitlements. Like many employers, your leave provisions may be more generous than the law requires. So, you need to check the terms of applicable collective agreements, employment contracts and HR policies to ensure the employment standard minimums listed in this Cheat Sheet apply to your own employees.