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 Kyle S. Hartlen, Gavin Stuttard, and Colton Smith What is the Innovation Equity Tax Credit? The Nova Scotia Innovation Equity Tax Credit (“IETC“) is a non-refundable personal and corporate income credit intended to encourage…
Read MoreBy Deanne MacLeod, K.C., Burtley G. Francis and David F. Slipp In June 2022, Canada’s federal government enacted a number of changes to the Competition Act (the “Act”) as the first step in a comprehensive…
Read MoreThis article was updated on April 19, 2023. By Mark Tector and Ben Currie On April 12, 2023 Bill 256: Patient Access to Care Act received Royal Assent. Schedule B of the Bill is the…
Read MoreThis Thought Leadership article is a follow-up to our January 2023 article on the introduction of the Prohibition on the Purchase of Residential Property by Non-Canadians Act. By Brendan Sheridan On January 1, 2023, the…
Read MoreBy Kevin Landry and Jahvon Delaney Background On March 25, 2023, the Government of Canada released a Notice of Intent titled Consultation on potential amendments to the Cannabis Regulations. The Notice outlines that Health Canada is…
Read MoreBy Kimberly Bungay On April 1, 2023, the Nova Scotia government will proclaim into force Bill 226, which amends the Companies Act (the “Act”) to require companies formed under the Act to create and maintain…
Read MoreBy Chad Sullivan and Kathleen Starke Background A recent decision, Vail v. Oromocto (Town), 2022 CanLII 129486, involved several grievances including an unjust dismissal claim by a firefighter as well as a grievance filed by…
Read MoreBy Stuart Wallace and Kim Walsh On January 1, 2022, the Underused Housing Tax Act (the Act) took effect. The Underused Housing Tax (the UHT) is an annual 1% tax on the value of vacant or…
Read MoreBy: David F. Slipp and Levi Parsche In May 2022, Bill 96 was adopted by Quebec’s National Assembly, significantly amending the Charter of the French Language (the “Charter“). The amendments create new requirements for using…
Read MoreBy Dave Randell, G. John Samms, and Stuart Wallace With the deadline for bids on crown lands available for wind energy projects extended to noon on March 23rd, the latest development in our Winds of…
Read More