COVID-19 vaccination leave for employees
With vaccine rollout well underway across the country, employers should be aware of legislative changes that entitle employees to paid or unpaid time-off to receive the COVID-19 vaccine.
Here are the two Canadian jurisdictions that currently offer specific leave protections for employees to receive the COVID-19 vaccine:
| Province | Vaccine leave legislation | Provision |
| British Columbia | Unpaid, job-protected leave to be vaccinated or to take a dependent family member to be vaccinated | S. 52.12(2), Employment Standards Act; s. 45.03(2(b), Employment Standards Regulation |
| Saskatchewan | Three hours paid, job-protected leave to be vaccinated | S. 6-22.1, The Occupational Health and Safety Regulations, 2020 |
Currently, none of the Atlantic Provinces have enacted specific legislation dealing with leave time for employees to be vaccinated, but it is undoubtedly a topic of conversation for many provincial policymakers. In some provinces employees may use other statutory leaves to take time off to get the vaccine. For example, employees in Nova Scotia have a statutory entitlement to three (3) unpaid sick days a year that can be used for such things as medical appointments, including a medical appointment to receive the vaccine.
While pandemic policies are ever-changing, as an employer, it is important to be mindful of your province’s leave requirements when it comes to allowing and encouraging employees to take time off work to get the vaccine as it becomes available.
As part of their policies addressing COVID-19, employers should consider their approach to vaccine leave time, especially as the vaccine becomes more readily available. Internal policies should also account for dosage needs given that three of the four vaccines currently approved for use in Canada require two doses to be effective. Through proactive vaccine leave policies, employers have the opportunity to send a strong message about the importance of vaccination, which plays a key role in controlling the spread of COVID-19 within the workplace and the broader community.
One of the members of our Labour and Employment group would be happy to answer any questions you have regarding your COVID-19 policy, including leave time for employees to be vaccinated.
This update is intended for general information only. If you have questions about the above, please contact a member of our Labour & Employment group.
Click here to subscribe to Stewart McKelvey Thought Leadership.
Archive
By Brendan Sheridan While COVID-19 restrictions have been easing throughout Canada for the past several months, many foreign workers and international students are still feeling its effects. In particular, individuals who were on post-graduate work…
Read MoreBy: John Samms, Sadira Jan, Paul Kiley, Dave Randell, Alanna Waberski, and Jayna Green As we explained in our July 6, 2022 “Winds of Change” article, the announcement made by Minister Andrew Parsons on April…
Read MoreIncluded in Beyond the Border – July 2022 By Brittany Trafford; Fredericton Brief Overview In an attempt to address the Canadian labour market shortages, the Economic Mobility Pathways Pilot (“EMPP”), was introduced in 2018.…
Read MoreIncluded in Beyond the Border – July 2022 By Brendan Sheridan; Halifax Canadian employers are increasingly relying on foreign workers to fill gaps in the labour market and to provide specialized skills. In 2020,…
Read MoreBy Alanna Waberski, Graham Haynes and Maria Cummings On June 10, 2022, the Government of New Brunswick proclaimed into force Bill 95, which amends the Business Corporations Act (New Brunswick) (the “NBBCA”) to require corporations…
Read MoreIncluded in Discovery: Atlantic Education & the Law – Issue 10 Hannah Brison and Dante Manna Increased financial volatility caused by recent global events has caused public sector defined benefit (“DB”) pension plans to reflect…
Read MoreIncluded in Beyond the Border – July 2022 By Sara Espinal Henao; Halifax It is a well-known fact that Atlantic Canada needs workers. In the aftermath of COVID-19, regional employers in the trucking, health, construction,…
Read MoreBy: John Samms, Matthew Craig, Dave Randell, and Jayna Green On July 26, 2022 the Province of Newfoundland and Labrador (the “Province”) released “Guidelines: Nominating Crown Lands for Wind Energy Projects” (the “Guidelines”). Described as…
Read MoreIncluded in Discovery: Atlantic Education & the Law – Issue 10 By Kate Profit Tenure is a well known and often discussed topic amongst academics. Viewed by unions as a cornerstone of modern universities,…
Read MoreDalton McGuinty Jr. and Kegan Bradley On May 17th, 2022, Canada’s largest car-sharing company, Turo, brought their platform to Prince Edward Island. The service allows car owners (lessors) to lend out their vehicles to drivers…
Read More