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April 21, 2021: COVID-19 - Employees to be Eligible for Paid Leave to Obtain Vaccination

On April 19, 2021, the provincial government introduced amendments to the Employment Standards Act (ESA) that will provide employees with a paid leave of absence so they can obtain their COVID-19 vaccinations.

Bill 3 provides employees with up to three hours of paid leave to be vaccinated against COVID-19, effective and retroactive to April 19, 2021. It does not provide paid leave for time taken off work to be vaccinated before April 19, 2021.

Scheduling Time Off for Employee Vaccinations

Employers are encouraged to take a reasonable and collaborative approach with employees when scheduling time off for them to receive the COVID-19 vaccines, with the goal of minimizing client service disruptions.

Verifying Employee Leave Requests

While employers cannot request a medical note from a medical practitioner, nurse practitioner or registered nurse to confirm entitlement to leave, they may request reasonably sufficient proof that the employee is entitled to the leave. This may include confirmation of the vaccination appointment or the post-vaccination record card.

How to Calculate Pay

Pay for this leave is at the employee’s current wage rate. At a minimum, the pay provided during the leave must be equal to an employee’s “average hourly wage,” calculated based on the amount paid to the employee in the previous 30 calendar days (including vacation pay but not including overtime) divided by the number of hours worked during that period. This is the same formula as any other paid leave under the ESA.

Next Steps

While the Bill to amend the Employment Standards Act makes its way through the legislative process, we encourage employers to start tracking leave requests immediately. Employers should also note that the provisions of this paid leave are in addition to the unpaid leaves that were introduced by government earlier this month and detailed in this CSSEA Info.

For the latest on Provincial Health Officer orders and province-wide restrictions, please continue to monitor this website.

If you have any questions, please contact your HRLR Consultant or Advocate.

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Doris Sun
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