We gave 6 weeks’ working notice to an employee in accordance with their employment agreement and BC ESA. The employee went on medical leave right after the termination meeting. They used their available sick days and vacation days to cover a portion of their leave with paid time off and used up all their available time off entitlement. As a result, we placed them on unpaid leave until the end of their working notice period (they confirmed not wanting to return to work before then).
I am hoping you can confirm that this is correct, even though we owed 6 weeks’ of notice or pay in lieu (or a combination) for terminating the employee. Since we have provided the working notice and then they chose to go on leave, are we owing them any additional wages beyond the last day that was covered by their available paid time off?
So the short answer is that no other liability under the employment standards exists in this situation.
First, I assume that the “employment agreement” is not a collective agreement, as such an agreement replaces any provision in the BC legislation.
Second, if the employee refused to return to work, that in effect means the person terminated their employment, voiding the right to any other notice, or pay in lieu of notice, related to the ending of this person’s employment.
As usual, the person may make a claim in the courts that results in amounts owing, other than as required under the BC employment standards.