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 Perlene Morrison, K.C., Hilary Newman & Curtis Doyle Once again, the time has come to review the year that was and to chart the course for the year ahead. For municipalities and planning professionals…
Read MoreBy Dave Randell, John Samms & Jayna Green A recent Government of Newfoundland and Labrador (“GNL”) announcement affirms the Province’s swift and ambitious approach to offshore wind development. While it may come as a shock…
Read MoreBy Sadira Jan, Dave Randell, Graham Haynes & Tyler Callahan On November 30, 2023, the Federal Government tabled Bill C-59, entitled An Act to implement certain provisions of the fall economic statement tabled in Parliament…
Read MoreBy Brendan Sheridan The Government of Canada has continued their whirlwind year of immigration program announcements by revealing their plan to modernize and improve the country’s immigration system. This plan, known as “An Immigration System…
Read MoreBy Christine Pound, ICD.D, Rebecca Saturley, & Daniel Roth Canada’s anti-modern slavery legislation comes into force on January 1, 2024. To prepare for the first reporting deadline on May 31, 2024, organizations need to determine…
Read MoreBy Brian Johnston, K.C. and Richard Jordan On November 9, 2023, Minister of Labour, Seamus O’Regan, introduced Bill C-58 in the House of Commons to amend the Canada Labour Code to prohibit the use of…
Read MoreBy Kevin Landry & Eryka Gregory The Retail Payment Activities Regulations (“Regulations”) under the Retail Payment Activities Act (“RPAA”) were finalized and published in the Canada Gazette Part II on November 23, 2023. The RPAA was…
Read MoreBy Level Chan When proclaimed in force, the Nova Scotia Private Sector Pension Plan Transfer Act (the “Transfer Act”) enacted by Bill 339, Financial Measures (Fall 2023) Act will allow the transfer of private sector…
Read MoreBy Kevin Landry On November 9 2023, Bill C-365, An Act respecting the implementation of a consumer-led banking system for Canadians (“C-365”), short titled as the ‘Consumer-led Banking Act’ was read in the House of…
Read MoreBy Jennifer Taylor The Nova Scotia Court of Appeal (“NSCA”) has issued an important decision clarifying the test to disallow a limitations defence. The decision, Halifax (Regional Municipality) v Carvery (“Carvery”), has real implications for personal…
Read More