What to do with an employee who is stuck in another country due to COVID

[Conner Lantz]

#80499

Hello, An employee went back home to India in late February and was due to return to work March 30, 2020. Due to COVID lockdown she has not been able return to Canada; she at first stated she would get a flight in April 2020, but that did not pan out. The messaging from the employee has been quite vague and it went from \\\”I\\\’ll get a flight at the end of the month\\\” to now \\\”I\\\’ll let you know when I can get a flight\\\”. There is now no clear timeline on when she will be able to come home and return to work, and this does not work for us. What can we do here? Can we lay her off? Do we suggest she hand in her resignation and re-hire her when she\\\’s able to come home? Any suggestions would be appreciated. Thank you

[Conner Lantz]

#80498

No, you can’t. Under Sec. 52.12(2)(e) of the BC Employment Standards Act, an employee stuck outside the province and can’t return to BC due to travel restrictions is entitled to unpaid COVID-19. Sec. 52.12(3) specifies that the leave last for as long as the employee remains stuck outside BC. I’ve copied the relevant provisions below. All you can really do now is keep trying to contact the employee and find out what her intentions are. Does she plan to come back? If not, you may be able to terminate her employment.
Final point: The answer might be different if your company is federally regulated and not subject to BC ESA. Hope that helps. Glenn

COVID-19-related leave
52.12   ((2)An employee who requests leave under this section is entitled to unpaid leave for the period described in subsection (3) if, in relation to COVID-19, any of the following applies:
(e)the employee is outside the province and cannot return to British Columbia because of travel or border restrictions;
(3)An employee is entitled to leave under this section for as long as a circumstance described in subsection (2) applies to the employee.

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