Government of Newfoundland and Labrador creates protected leave of absence amidst COVID-19
On March 26, 2020, the Newfoundland House of Assembly met with a minimum quorum of members to table and pass Bill 33 – COVID-19 Pandemic Response Act (“Act”).
This omnibus bill amended a number of pieces of legislation, including the Labour Standards Act. The amendments added Part VII.8 – Communicable Disease Emergency Leave (“Part”) to the Act, and set a retroactive commencement date for the amendments to the Act as March 14, 2020.
With respect to designated communicable diseases, of which COVID-19 is expected to be one, this Part creates an entitlement, upon presentation of reasonable evidence, to an unpaid leave of absence where employees are unable to perform their duties in situations where an employee is:
- under medical investigation, supervision, or treatment;
- acting in accordance with an order under the Public Health Protection and Promotion Act;
- in isolation, quarantine, or under any control measure issued by the Chief Medical Officer of Health;
- under an employer’s direction in response to a concern that the employee may expose others in the workplace;
- providing care or support to family, including such situations as school or child care service closure; or
- affected by travel restrictions and, under the circumstances, cannot reasonably be expected to travel back to the province.
However, the amendment provides for classes of employees to be exempted by regulation.
The amendments protect employees who take, apply for, or intend to take this leave of absence, but the period of absence will not count towards the application of rights, benefits, and privileges addressed in the Act, unless explicitly agreed upon by the employer and the employee. However, upon the conclusion of the leave of absence, all rights, benefits, and privileges addressed in the Act will resume and will be deemed to be continuous with the period of work before the leave taken.
These amendments suggest an intention to create protections for employees who have to take leave as a result of COVID-19, including those who contract the virus as well as those who have to care for family due to the resulting circumstances. However, employers and employees alike anxiously await regulations which are expected to determine that COVID-19 is a designated communicable disease under the Act, and provide any employee classes who are to be exempted from this leave.
This article is provided for general information only.
Click here to subscribe to Stewart McKelvey Thought Leadership.
By Koren Thomson, John Samms, and Matthew Raske The Newfoundland and Labrador Court of Appeal has held that the Information and Privacy Commissioner for this province (the “Commissioner”) does not have the authority to order…Read More
By Perlene Morrison, K.C. Municipalities are required to pass code of conduct bylaws in accordance with section 107 of the Municipal Government Act (the “MGA”). Subsection 107(1) of the MGA specifically states that a municipality’s…Read More
By Sheila Mecking and Kathleen Starke On August 23, 2023, the Ontario Superior Court (“ONSC”) upheld a complaints decision which ordered a psychologist to complete a continuing education or remedial program regarding professionalism in public…Read More
By Dante Manna As we advised in a previous podcast, all federal employers with at least ten employees have been subject to the Pay Equity Act  (“PEA”) and Pay Equity Regulations  (“Regulations”) since…Read More
By Nancy Rubin, K.C. Environment and Climate Change Canada (ECCC) recently published a draft of the Clean Electricity Regulations (CER). The proposed Regulations work toward achieving a net-zero electricity-generating sector, helping Canada become a net-zero…Read More
By Stephen Penney & Matthew Raske In the recent decision Index Investment Inc. v. Paradise (Town), 2023 NLSC 112, the Supreme Court of Newfoundland and Labrador validated the Town of Paradise’s decision to rezone lands…Read More
By Sara Espinal Henao Immigration, Refugees and Citizenship Canada (“IRCC”) has announced a promising new temporary measure that allows foreign workers to study for a longer duration without a study permit, opening the door for…Read More
By Brendan Sheridan The Government of Canada recently announced a number of aggressive immigration measures to help attract top talent to Canada in high-growth industries in an effort to fuel innovation and drive emerging technologies.…Read More
By Daniela Bassan, K.C. All stakeholders in the legal profession, including litigators, have a shared interest in promoting environmental, social, and governance (ESG) pathways towards building a greener society. It is crucial for litigators to…Read More
By Kimberly Bungay and Colton Smith Since June of 2019, corporations formed under the Canada Business Corporations Act have been required to prepare and maintain a register of individuals with significant control (an “ISC Register”).…Read More