REMINDER MEMO – JANUARY 17, 2022
To clear up any confusion regarding how you will be paid if you contract COVID or are off work due to a COVID related issue please note the following:
On March 26, 2020 the Employment Standards Act (ESA) was amended to provide qualifying employees with an unpaid leave of absence related to COVID-19 in the following circumstances:
a. Has been diagnosed with COVID-19 and are acting in accordance with the instructions or order of a medical health officer, medical practitioner, nurse practitioner, or registered nurse;
b. Is in self-isolation or quarantine;
c. Needs to stay home to care for a child under 19 years old, a dependent adult wo is unable to withdraw from the charge of the employee and is under day-to-day care of the employee, or prescribed person (including because of the closure of a school, daycare, or similar facility);
d. Has been directed by their employer to stay home due to concerns about exposure; or
e. Is outside of BC and cannot return home due to travel or border restrictions.
This means that, if you need to be off due to a COVID related issue (as described above) your employment is protected and if you currently accrue the following, you will continue to do so:
- Extended benefits (if applicable)
- Seniority
- Service
- Vacation accruals
For example:
The Employer will grant a ESA C-19 Leave to qualifying employees where the employee:
- Has been diagnosed with COVID-19.
A regular employee who has been diagnosed with COVID-19 would be placed on sick leave. If they run out of sick leave credits, they can access vacation or banked OT to cover time off while sick. In the event they run out of this time they are placed on a ESA COVID-19 unpaid leave until their return and can apply for EI benefits. Extended benefits, seniority, service and vacation accruals will continue.
A casual employee is off with COVID-19, they are on a ESA COVID-19 unpaid sick leave and can apply for EI benefits.
2. Is asymptomatic and has been directed to self-isolate while waiting for results from swab.
A regular employee will be placed on a paid COVID-19 Leave while waiting for test results.
A casual employee will be placed on a paid COVID-19 leave for shifts they are scheduled to work while waiting for results.
3. Is symptomatic and in self-isolation while waiting for results from swab.
A regular employee will be placed on paid sick leave
A casual employee would be placed on an unpaid sick leave
4. Needs to stay home to care for a child (under 19 years old), dependent adults or if there are school closures, day care, etc.
- A regular employee can use vacation and/or banked overtime to cover the time off. When they run out of these banks they are on an unpaid ESA COVID-19 LOA and can apply for EI benefits
- A casual worker would be on an unpaid ESA COVID-19 LOA and can apply for EI benefits
If you believe you contacted COVID from the worksite, please contact your supervisor to complete a First Aid report. This will be submitted to WorkSafeBC where it will be reviewed. If the claim is accepted, it is paid through WorkSafeBC.
Jeanette Lee
Director, Human Resources
Menno Place
