Illness or Injury Leave in BC – Off beyond entitlement

[Deanna Olson]

#91955

Forum: Private

The Employment Standards Act in BC allows an employee 5 paid and 3 unpaid days off per calendar year due to illness or injury.
If the employee leaves due to illness and remains off beyond the 5 paid and 3 unpaid days, say extending to a matter of several weeks or months, what is their employment status and what are our obligations towards them?
For example, is their position and wage protected, or have they defacto quit and are being rehired?

[vickyp]

#91963

The employee will be put on a medical leave of absence. If the sickness amounts to a disability, the employee will have protections under the Human Rights Code. If the employer has benefits that address sickness, such as short or long term disability coverage, the employee would be entitled to those.

[vickyp]

#91964

The employee will be put on a medical leave of absence. If the sickness amounts to a disability, the employee will have protections under the Human Rights Code. If the employer has benefits that address sickness, such as short or long term disability coverage, the employee would be entitled to those.

[vickyp]

#91966

Unless the employer has a policy giving extended leave or that leave is otherwise protected, then the employee is on leave without approval and awol.

[vickyp]

#91967

Unless the employer has a policy giving extended leave or that leave is otherwise protected, then the employee is on leave without approval and awol.

[Author]

Posts