Employee Rights to Paid COVID-19 Leave – Know The Laws Of Your Province

Current paid COVID-19 leave laws across Canada.

When the pandemic began, provinces responded by enacting legislation giving employees unpaid leave for time missed due to COVID. Now that vaccines have become available, they’re adopting paid leave so that employees can get vaccinated during work hours without losing pay. And now some provinces have upped the ante by providing full days of paid sick leave covering not just vaccination but also COVID-related testing, self-isolation and illness while allowing employers to seek reimbursement from the government. Rather than mandatory legislation, a few provinces have adopted voluntary government programs subsidizing the costs of employers for providing employees’ paid COVID sick leave. Here’s a snapshot summary of this fluid and dynamic situation as of June 2021.

COVID-19 PAID VACCINATION & SICK LEAVE RIGHTS ACROSS CANADA

FEDERAL

No mandatory paid COVID-19 vaccination or sick leave or government subsidies program.

ALBERTA

Paid Vaccination Leave: Up to 3 consecutive hours per dose–6 hours in total:

  • Covers all employees regardless of how long employed
  • Employer may request reasonable proof of entitlement to leave but can’t require medical certificate, record of immunization or disclosure of underlying medical conditions
  • Employer must give employee as much advance notice as practicable (Employment Standards Code, Sec. 53.9821)

BRITISH COLUMBIA

Paid Vaccination Leave: Up to 3 consecutive hours per dose–6 hours in total:

  • Covers all employees regardless of how long employed
  • Employer may request and employee must then provide reasonable proof of entitlement to leave but can’t require medical certificate
  • Employer must give employee as much advance notice as practicable (Employment Standards Act, Sec. 52.13)

Paid Sick Leave: Up to 3 days in addition to unpaid COVID leave:

  • Covers all employees regardless of how long employed for COVID-related missed time
  • Applies only to employees who don’t already have paid sick leave thru employer, insurance or collective agreement
  • Government to reimburse employers up to $200 per day per worker
  • To be replaced by permanent paid sick leave for any illness starting January 1, 2022, but only for employees with at least 90 consecutive days employment [ESA, Secs. 49.1 & 52.121]

MANITOBA

Paid Vaccination Leave: Up to 3 consecutive hours per dose–6 hours in total:

  • Covers all employees regardless of how long employed
  • Employer may request and employee must then provide evidence of entitlement to leave but can’t require medical certificate
  • Employer must give employee as much advance notice as reasonable and practicable (Employment Standards Code, Sec. 59.13)

Paid Sick Leave Subsidies: Manitoba Paid Sick Leave Program subsidizing employers for up to 5 days’ paid COVID sick leave:

  • Days need not be taken consecutively
  • Covers time off for COVID testing, vaccination, self-isolation, symptoms or care for family members
  • Applies only to employees who don’t already have paid sick leave thru employer, insurance or collective agreement
  • Government to reimburse employers up to $600 per day per worker
  • Covers days missed from May 7 to September 25, 2021

NEW BRUNSWICK

No mandatory paid COVID-19 vaccination or sick leave or government subsidies program

NEWFOUNDLAND

No mandatory paid COVID-19 vaccination or sick leave or government subsidies program

NOVA SCOTIA

Paid Sick Leave Subsidies: Nova Scotia COVID-19 Leave program subsidizing employers for up to 4 days’ paid COVID sick leave:

  • Days need not be taken consecutively
  • Covers time off for COVID testing, vaccination or self-isolation
  • Applies only to employees who:
    • Don’t already have paid sick leave and
    • Can’t work remotely and
    • Miss less than 50% of scheduled work time in one-week period due to COVID
  • Government to reimburse employers up to $160 per day or total of $640 per worker
  • Covers sick days taken between May 10 and July 31, 2021

ONTARIO

Paid Sick Leave: Up to 3 days in addition to unpaid COVID-19 leave:

  • Covers employees who are: (a) Going for a COVID test; (b) Staying home to wait for results of a COVID test; (c) Sick with COVID; (d) Getting vaccinated against COVID; (e) Experiencing a side effect from a COVID vaccination; (f) Advised to self-isolate due to COVID-19 by an employer, medical practitioner or other specified authority; or (g) Providing care or support to certain relatives for COVID reasons
  • Applies only to employees who don’t already have paid sick leave thru employer, insurance or collective agreement
  • Must be taken in whole days which need not be consecutive
  • WSIB to reimburse employers up to $200 per day per worker, $600 total
  • Covers time missed between April 19 and September 25, 2021 [Employment Standards Act, Sec. 50.1]

PRINCE EDWARD ISLAND

Paid Sick Leave: One day per year after 5 continuous years’ employment (Employment Standards Act, Sec. 22.2(4))

Paid Sick Leave Subsidies: Voluntary temporary government program subsidizing employers for up to 3 days’ paid COVID sick leave on 2 separate occasions:

  • Days need not be taken consecutively
  • Covers time off for COVID testing, vaccination, illness or self-isolation
  • Applies only to employees who:
    • Don’t already have paid sick leave and
    • Miss less than 50% of scheduled work time in one-week period due to COVID
  • Government to reimburse employers up to $160 per day
  • Covers sick days taken between March 1, 2021 until Public Health Emergency ends in PEI

QUÉBEC

No mandatory paid COVID-19 vaccination or sick leave or government subsidies program

SASKATCHEWAN

Paid Vaccination Leave: Up to 3 consecutive hours per dose–6 hours in total:

  • Covers all employees regardless of how long employed
  • Employer must give employee as much advance notice as reasonable and practicable (OHS Regulations, Sec. 6-22.1)

Paid Sick Leave: Employees entitled to regular wages and regular benefits during public health emergency leave if: (a) They’re authorized by their employer to work at home during that period; (b) They comply with the measures set out in the chief medical health officer order; and (c) Comply with any additional requirements set out in a Lt. Governor in Council order; 2. Proposed legislation (Bill 603) would provide 10 days’ paid sick leave per normal year or 14 days in year where communicable disease emergency is declared

Proposed legislation (Bill 603) would provide 10 days’ paid sick leave per normal year or 14 days in year where communicable disease emergency is declared

NORTHWEST TERRITORIES & NUNAVUT

No mandatory paid COVID-19 vaccination or sick leave or government subsidies program

YUKON

Paid Vaccination Leave: None

Paid Sick Leave: Yukon Paid Sick Leave Rebate Program for up to 10 non-consecutive days up to $378.13 per employee per day for employees that are sick, self-isolating, or caring for other household members due to COVID; 2. Doesn’t cover voluntary travel outside the territory, or to companies bringing workers into territory; 3. Covers days missed from April 1, 2021 to September 30, 2021