Detailed info on temporary unpaid job-protected leave
Publish date: Sunday, April 19, 2020
GLP - Government Licensed Professionals
Temporary unpaid job-protected leave during the COVID-19 pandemic
The Employment Standards Act has introduced a temporary unpaid leave of absence related to the COVID-19 pandemic. This leave is retroactive to January 27, 2020, the date that the first presumptive COVID-19 case was confirmed in BC.
The Act sets out that an employee can take unpaid, job-protected leave related to COVID-19 if they're unable to work for a number of reasons including the need to provide care to their minor child or a dependent adult who is their child or former foster child for a reason related to COVID-19, including a school, daycare or similar facility closure.
If you feel you are not able to work from home while looking after your children, you may be eligible for benefits from the federal government such as Employment Insurance (EI) or the Canada Emergency Response Benefit (CERB). Members will need to apply for these online. Individual eligibility will vary.
Apply for Employment Insurance (EI) or the Canada Emergency Response Benefit (CERB).
Employer-paid benefits
Benefits (extended health and dental, basic life insurance and LTD) will be maintained and paid for by the employer for the duration of the leave for those employees that are eligible.
Optional insurance plans
Optional insurance plans will continue if the employee completes an Option to Continue Employee Benefits While On Employment Standards Act Leave of Absence Without Pay and pays the required premiums. If you do not maintain these benefits, they will be considered waived and you will need to requalify and provide evidence of insurability if applicable.
Option to Continue Employee Benefits While on Employment Standards Act Leave of Absence Without Pay
Pension
It is generally a finically wise choice to contribute to your pension when you have the option to do so. The main reason is that if you contribute, then the employer contributes.
Members have a new option for buying service for a leave of absence. Effective May 1, 2020, the Public Service Pension Plan rules have been amended to allow members to continue making contributions during an Employment Standards Act–approved leave of absence. Contributions can be made during the leave or after the leave (buy back service) at the option of the member.
For more details see the Pension Board Communique April 6, 2020.
Seniority
Employees will continue to accrue seniority during unpaid leave.
Leave Banks
Employees do not have to use their leave banks before accessing this unpaid leave.
End Date
Once this leave is no longer needed, it will be removed from the Employment Standards Act.
The COVID-19 unpaid leave under the Employment Standards Act should not be considered in isolation of the guidance in the BC Public Service COVID-19 Response FAQs.