Canada Labour Code Part III: COVID-19 Leave and Lay-Off Information

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Learn about the provisions in the Canada Labour Code Part III regarding COVID-19-related leave entitlements and temporary removal of medical certificate requirements. Find information on lay-offs, termination/severance pay, and contact details for the Labour Program. Stay informed about your rights and responsibilities as an employer or employee in federally regulated workplaces.

  • Canada Labour Code
  • COVID-19 Leave
  • Lay-Offs
  • Termination Pay
  • Labour Standards

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  1. Canada Labour Code Part III

  2. Leave Relating to COVID-19 Employees working in a federally regulated workplace are entitled to up to 16 weeks of unpaid, job-protected leave if they are unable or unavailable to work due to COVID-19. For example, employees may take this leave if they are: being quarantined or asked to self-isolate as a result of COVID-19 being required to provide care to a family member as a result of COVID-19, or otherwise unable to work for reasons related to COVID-19 To take this leave, employees must: provide their employer with written notice, as soon as possible, of the reason for the leave and the length of leave they intend to take, and notify their employer in writing, as soon as possible, of any changes to the length of the leave Note: This leave is on a temporary basis and is not retroactive. On October 1, 2020, this leave will be repealed.

  3. Temporary removal of medical certificate requirements In response to the COVID-19 emergency, as a temporary measure, employees are not required to provide a medical certificate to take the following leaves: medical leave compassionate care leave leave related to critical illness (note: Employees are also not required to provide documentation in support of the reasons for the leave or change in the length of the leave) On September 30, 2020, medical certificate requirements will be reinstated.

  4. Information Regarding Lay-Offs Lay-offs are addressed in Regulation 30 of the Canada Labour Code Lay-offs can turn into terminations and may result in requirement to pay Termination/Severance Pay An employee s continuity of employment is unaffected even when a lay-off has occurred Employer s responsibility is to pay employees for wages earned upon return to work Important for employers to keep records of the employee s lay-off and recall dates 4

  5. Labour Program Contact For more information: Toll-free: 1-800-641-4049 www.esdc.gc.ca/en/jobs/workplace/employment_standar ds/labour/index.page #LabourStandards @Labour_ESDC

  6. Questions? 6

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