Employees in British Columbia who take time off to care for terminally ill family members are now entitled to eight weeks' unpaid leave.
On April 27, 2006, the Employment Standards (Compassionate Care Leave) Amendment Act came into force in British Columbia. The Act parallels compassionate care leave legislation in every Canadian province, except Alberta. It also mirrors similar provisions in the Canada Labour Code, which came into effect in January, 2004 and permit federally-regulated employees to take compassionate care leave as well.
The new legislation, provides that:
- Employers must reinstate an employee returning from a compassionate care leave
- Employers may demand a doctor's certificate verifying the family member's illness
- Employees can apply for multiple leaves to care for different family members and for a second leave for the same family member if he or she survives for more than 26 weeks
Initially the Compassionate Care Leave provisions were only applicable in connection with the illness of an “immediate family” member, defined in the Employment Standards Act as the spouse (including common-law and same-gender spouse), child, parent, guardian, sibling, grandchild or grandparent of an employee, and any person who lives with an employee as a member of the employee’s family.
However, recent amendments have significantly broadened the categories of eligible relationships for which Compassionate Care Leave is available to BC employees. Employees may now take leave to care for in-laws, step-siblings, aunts, uncles, nieces and nephews, current or former foster parents, ward or guardian, as well as immediate family members. The amendments also allow for claims based on non-familial relationships, including “any individual with a serious medical condition who considers the employee to be, or whom the employee considers to be, like a close relative”.
Although employers are not required to pay wages during compassionate care leaves, most employees will be entitled to receive compassionate care leave benefits from the Employment Insurance Commission.
Employers should update their leave policies, employee handbooks and employee intranet sites to reflect this new statutory entitlement.
To view the specific provisions of the Act in detail, visit the Government’s Interpretation Guidelines Manual - Section 52.1
Recent Legislative Amendments
In October 2006, the definition of the term “family member” used in relation to the Compassionate Care Leave provisions was broadened. Under the Act, employees who request leave are eligible for up to eight weeks of unpaid leave to be taken in periods of not less than one week to care for terminally ill family members.
When the leave provision was first enacted, it was limited to employees wishing to care for ill immediate family. “Immediate family” is defined in the Act as a spouse, child, parent, guardian, sibling, grandchild, or grandparent of the employee, and any person who lives with an employee as a member of the employee’s family.
In addition to immediate family, the new expanded definition of family member includes:
- In relation to an employee:
- an employee’s aunt or uncle, niece or niece or nephew, current or former foster parent, ward or guardian;
- the spouse of an employee’s sibling, or step-sibling, child or step-child, grandparent, grandchild, aunt or uncle, niece or nephew, current or former foster child or guardian.
- In relation to an employee’s spouse:
- the spouse’s parent or step-parent, sibling, or step-sibling, child, grandparent, grandchild, aunt or uncle, niece or nephew, current or former foster parent, or current or former ward.
- whether or not related to an employee by blood, adoption, marriage or common law, an individual with a serious medical condition who considers the employee to be, or whom the employee considers to be like a close relative.
The wider range of family relationships for provincially regulated employees dovetails revisions to federal legislation. The federal government expanded the range of family relationships eligible for compassionate care employment insurance and compassionate care leave pursuant to the Canada Labour Code in June 2006.
Information provided by HARRIS & COMPANY. The information provided in this article is necessarily of a general nature and must not be regarded as legal advice. For more information about HARRIS & COMPANY, please visit harrisco.com.
