2018
Expanded job-protected leaves proposed by BC Government
The B.C. government has introduced Bill 6, the Employment Standards Amendment Act, 2018, in the B.C. legislature. This Bill will expand job-protected leaves under the B.C. Employment Standards Act (the “ESA”) with respect to maternity leave, parental leave, and compassionate care leave. The proposed amendments to the ESA in Bill 6 are summarized in the following table:
| TYPE OF LEAVE | ESA SECTION | CURRENT | PROPOSED | CONSIDERATIONS |
|---|---|---|---|---|
| Pregnancy | 50 | 11 weeks |
13 weeks |
|
| Parental | 51 | 35 weeks | 61 weeks |
Optional consecutive leave |
|
Parental (adoptive or non-pregnancy parents) |
51 | 37 weeks | 62 weeks | Must be taken within 78 weeks of child's birth or adoption |
| Compassionate Care | 52.1 | 8 weeks | 27 weeks |
For employees that must care for a family member that is terminally ill and has significant risk of death within 26 weeks Leave can be taken at any time within 52 week period, but can not exceed 27 weeks total |
| Crime-related child disappearance | 52.3 | None | 52 weeks |
Single, continuous period or intermittent basis with employer’s consent If child is found alive, parent entitled to remain on leave for 14 days |
| Death of a Child | 52.4 |
None (may be eligible for 3 days under compassionate care) |
104 weeks | Single, continuous period or intermittent basis with employer’s consent |
The proposed leaves remain unpaid under the provincial legislation, however, they bring the amount of job-protected leave time in alignment with recent changes to federal employment insurance benefits. While the Bill must still be reviewed and passed by the Legislative Assembly before it becomes law, employers should consider how proposed changes affect payment obligations to maintain medical, pension, or other benefits during the leave, as well as employer policies such as top-up pay.
Stefanie Ratjen