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
Chad Sullivan Overview An Indigenous law professor filed a human rights complaint against the University of British Columbia claiming the university discriminated against her in failing to consider her less traditional scholarly work as akin…
Read MoreRick Dunlop and Kevin Landry The Federal government has released a new report titled: Proposed Approach to the Regulation of Cannabis: Summary of Comments Received During the Public Consultation (the “new report”) which outlines the…
Read MoreSean Kelly and Michelle Black Employers across Canada are facing a series of recently-announced plans for substantial minimum wage hikes in several provinces. Notably, Ontario, Alberta and British Columbia have all committed to raising their minimum…
Read MoreWe are pleased to present the second issue of Discovery, our very own legal publication targeted to educational institutions in Atlantic Canada. In this issue, our lawyers discuss student associations, sports-related concussions, freedom of expression,…
Read MoreIn preparing for the 2018 proxy season, you should be aware of some regulatory changes and institutional investor guidance that may impact disclosure to, and interactions with, your shareholders. This update highlights what is new…
Read MoreBrian Tabor, QC and Simon McCormick In May 2012, the Nova Scotia Legislature passed the Mortgage Regulation Act (“MRA”). The MRA has not yet come into force, but, when it does, it will replace the…
Read MoreThe Legislative Services Branch of the Province of New Brunswick has announced in issue 40 of the Law Reform Note, available online, its intention to reform the Mechanics’ Lien Act. The Note draws on similar…
Read MoreJonathan Coady and Chenchen Yu Once again, the time has come to review the year that was and to chart the course for the year ahead. For municipalities, developers and planning professionals throughout Prince Edward…
Read MorePerlene Morrison and Hilary Newman On October 11, 2017, the Chief Judge of the Provincial Court of Prince Edward Island gave her decision in R v. Community of Brackley. The Community of Brackley (the “Municipality”) was…
Read MoreIan Wallace The Occupational Health and Safety (“OHS”) legislation in Atlantic Canada and across the country recognizes the internal responsibility system. Everyone in the workplace is responsible for their own safety and the safety of…
Read More