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February 6, 2021

COVID-19 Frequently Asked Questions

This page is being updated on an ongoing basis, to provide information to help address common HR inquiries related to COVID-19 that we are receiving.

33 min read

This page is being updated on an ongoing basis, to provide information to help address common HR inquiries related to COVID-19 that we are receiving.

BC Employer Training Grant

Q:  We need to train our employees for the upcoming summer season. Are there any training grants or funding programs that we should be aware of?

The BC Employer Training Grant (ETG) supports skills training to address provincial labour market needs.

The program provides access through 4 funding streams, including:

C19 Impacted Worker Training Stream

This stream supports British Columbians that are employed or have been employed in a sector where job opportunities have been most impacted by the COVID-19 pandemic.

Employers may receive 100% of eligible training costs, up to a max. of $10,000 per participant, to train British Columbians impacted by the pandemic. Learn more here.

Persons with Disabilities Training Stream

This stream supports British Columbians who are designated Persons with Disabilities (PWDs).

Employers may receive 100% of eligible training costs, financial supports and training allowances for participants while in training, up to a max. of $20,000 per participant.  Employers must have a job for the participant at their company once training is completed. Learn more here.

Did you know?

Employers can apply for up to 100% reimbursement of the cost of SuperHost Customer Service Training programs through the BC Employer Training Grant. Reimbursement amounts vary depending on the funding stream and eligibility of individuals, please refer to the eligibility criteria or contact go2HR for more information.

BC Increased Employment Incentive (IEI)

The B.C. increased employment incentive is a one-time refundable tax credit for employers, based on an employer’s payroll.

  • This credit sets aside up to $190 million for businesses that were able to hire new workers, hire back people who were let go or increase workers’ hours during the last three months of 2020.
  • Businesses could be eligible for a credit that could equal up to 15% of any increase in total eligible payroll paid in the last quarter of 2020.UPDATE:This program is now closed. Deadline for applications was Dec 31, 2021. Applications received prior to Jan 1, 2022, will continue to be reviewed and processed.

Canada Emergency Wage Subsidy (CEWS)

Q: What is the Canada Emergency Wage Subsidy (CEWS) and how can we apply?

A: The Canada Emergency Wage Subsidy (CEWS) enables employers to keep existing employees on payroll and if possible, working, as well as re-hire previously laid-off employees so that they are better positioned to return to normal operations following the COVID-19 pandemic crisis

UPDATE:

  • The CEWS program expired on October 23, 2021
  • The deadline to apply for Period 21 is April 21, 2022
  • Employers who previously claimed the CEWS may want to consider the Canada Recovery Hiring Program (CRHP).

More Information:

Canada Recovery Benefit (CRB)

The Canada Recovery Benefit (CRB) provided income support to employed and self-employed individuals who are directly affected by COVID-19, but were not entitled to Employment Insurance (EI) benefits.

UPDATE:

The CRB closed to retroactive applications on December 23, 2021. You can no longer apply for this benefit.

Canada Recovery Caregivers Benefit (CRCB)

Q:  What is the Canada Recovery Caregivers Benefit (CRCB) and who is it for?

A:  The CRCB provides income support to employed and self-employed individuals who must care for their child under 12 years old or a family member who needs supervised care. This applies if their school, regular program or facility is closed or unavailable to them due to COVID-19, or because they are sick, self-isolating, or at risk of serious health complications due to COVID-19.

UPDATE:

  • The CRCB has been extended until May 7, 2022.
  • The maximum number of weeks you can apply for also increases to 44 weeks. You can apply retroactively for periods 61 to 63 until February 16, 2022if you are eligible.
  • Eligible individuals can receive $500 ($450 after taxes withheld) for each 1-week period
  • If their situation continues past 1 week, they will need to apply again
  • Each household may apply up to a total of 44 weeks between Sept 27, 2020 – May 7, 2021
  • The CRCB is administered by the Canada Revenue Agency (CRA)

More Information & Apply: Canada Recovery Caregiving Benefit (CRCB)

Canada Recovery Hiring Program (CRHP)

Canadian employers who continue to be impacted by the COVID-19 pandemic may be eligible to apply for a subsidy to cover part of their wages as they hire new employees and increase existing employees’ wages or hours.

Each claim period, eligible employers can claim either the higher of the CRHP or the wage portion of:

  • the Tourism and Hospitality Recovery Program (THRP), or
  • the Hardest-Hit Business Recovery Program (HHBRP)

Prior to October 24, 2021, eligible employers could claim either the CRHP or the Canada Emergency Wage Subsidy (CEWS).

Eligible employers can claim one of the following, for each applicable claim period, whichever gives the highest amount:

  • Tourism and Hospitality Recovery Program (THRP) – Wage
    Effective: October 24, 2021, to May 7, 2022
  • Hardest-Hit Business Recovery Program (HHBRP) – Wage
    Effective: October 24, 2021, to May 7, 2022
  • Canada Recovery Hiring Program (CRHP)
    Effective: June 6, 2021, to May 7, 2022
  • Canada Emergency Wage Subsidy (CEWS)
    Effective: March 15, 2020, to October 23, 2021

Check your Eligibility:

Not sure if you are eligible for any of these programs?  Click here to answer a few questions to find out.

More Information:

COVID-19 Recovery Programs continue to provide support to Canadian businesses and organizations

Canada Recovery Sickness Benefit (CRSB)

Q:  What is the Canada Recovery Sickness Benefit (CRSB) and who is it for?

The Canada Recovery Sickness Benefit (CRSB) provides income support to employed and self-employed individuals who are sick or need to self-isolate due to COVID-19, or have an underlying health condition that puts them at greater risk of getting COVID-19.

UPDATE: The CRCB has been extended to May 7, 2022.

  • Eligible individuals can receive $500 ($450 after taxes withheld) for a 1-week period
  • If their situation continues, past 1 week they will need to apply again
  • Individuals can apply for up to a total of 6 weeks between Sept 27, 2020 – May 7, 2022
  • The CRCB is administered by the Canada Revenue Agency (CRA)

Deadlines:

  • Individuals may apply for any eligible 1-week period for up to 60 days after that period has ended
  • You can apply retroactively for periods 61 to 63 until February 16, 2022if you are eligible.

More Information & Apply: Canada Recovery Sickness Benefit (CRSB)

Canada Summer Jobs Program

Q: When can we apply for the Canada Summer Jobs program?

A: This call for applications is NOW OPEN!

For 2022, the program is returning to its regular parameters and will offer quality jobs over the summer months. Jobs will need to be full-time with a minimum of 30 hours a week and a duration of at least 6 weeks.

Key dates for the 2022 Canada Summer Jobs program:

  • Applications deadline: January 25, 2022
  • Funding confirmations will be sent to employers starting in April 2022
  • The earliest job start date: April 25, 2022
  • The latest job start date: July 24, 2022
  • The latest job end date: September 3, 2022
  • The latest date to submit a payment claim is 30 days following the completion of the last Canada Summer Jobs-funded work placement.

More Information: Funding: Canada Summer Jobs – Overview – Canada.ca

Canada Worker Lockdown Benefit

The Canada Worker Lockdown Benefit (CWLB) provides income support for workers and self-employed individuals whose cannot work due to a COVID-19 lockdown.

  • The CWLB is only available when a COVID-19 lockdown order is designated for your region
  • Eligible individuals can receive $300 ($270 after taxes withheld) for each 1-week period
  • You may apply for any weeks your region is eligible between October 24, 2021and May 7, 2022
  • This program is administered by the Canada Revenue Agency (CRA)

More Information: The Canada Worker Lockdown Benefit – Canada.ca

COVID-19 Leave

The COVID-19 Leave covered by BC Employment Standards provides employees with unpaid, job-protected leave if they are not able to work for any of the following reasons:

  • They are receiving the COVID-19 vaccine
  • They are assisting a dependent being vaccinated against COVID-19
  • They have been diagnosed with COVID-19 and are following the instructions of a medical health officer or the advice of a doctor or nurse
  • They are in quarantine or self-isolation and are acting in accordance with an order of the provincial health officer, an order made under the Quarantine Act (Canada), guidelines from the BC Centre for Disease Control or guidelines from the Public Health Agency of Canada
  • Their employer has directed them not to work due to concern about their exposure to others
  • They need to provide care to their minor child or a dependent adult who is their child or former foster child for a reason related to COVID-19 (including closures of school, daycare or similar facilities)
  • They are outside of BC and unable to return to work due to travel or border restrictions

Effective:

This leave is retroactive to January 27, 2020 and will remain in effect until such time as is no longer needed, then will be removed from the Employment Standards Act.

Duration:

During the COVID-19 pandemic, there is no limit to how long employees can take this job-protected leave for, without putting their job at risk, as long as the reason is related to those the above.

More Information: Leaves of absence – British Columbia Employment Standards

COVID-19 Paid Sick Leave

Q: Is the COVID-19 (3 days) Paid Sick Leave still active?

  • This reimbursement program for employers ended December 31, 2021, and has been replaced by more extensive permanent illness or injury leave (sick leave) benefits, under BC’s employment standards legislation
  • Eligible employees were entitled to up to 3 days of paid leave between May 20, 2021 – Dec 31, 2021, if they are unable to work for specific reasons related to COVID-19
  • UPDATE: The submission deadline for this program has been extended to Feb 11, 2022.
    • Employers can still submit eligible claims for reimbursement for employee COVID-19 related sick leave taken up to and including Dec 31, 2021 via the WorkSafeBC portal
    • Employers with an existing paid sick leave benefit program for their employees are not eligible to receive reimbursement

Q: Are there any programs available for employees who are sick due to illness from COVID-19?

Effective January 1, 2022, BC’s employment standards legislation now provides eligible employees with up to 5 days paid and 3 days unpaid days of job-protected illness or injury leave (sometimes called Sick Leave).  Illness or injury does not have to be COVID-19 specific to be eligible for these benefits.

Covid-19 Temporary Layoff Variances

Variances allow for employment that follows the purposes of the Employment Standards Act but does not strictly meet BC employment standards, such as an extension to a temporary layoff beyond the 13-week limit in the Act. Under the Act, variances only apply to non-union workplaces.

Q: We own a hotel with a large event space and had to lay off all of our banquet employees as there are no events, due to COVID-19.

Unfortunately, we don’t currently have any events booked so we are not going to be able to recall our employees, as we had hoped. We cannot afford to pay out severance for these employees. What are our options?

A:  In this situation, you may want to apply to the Employment Standards Branch for a variance to extend the temporary layoff.

Visit the Employers Section of the portal website:

  • A step-by-step overview of the variance application process
  • Access to an email template – can be used to survey employee support
  • Access to online support tools – can be used to document your employee support

Information & Apply: Apply for a COVID-19 temporary layoff variance

  • Application takes approx. 15 minutes to complete
  • If the variance is granted, you will be emailed a copy of the variance decision
  • If the variance is denied, a formal decision is sent by email and registered mail to both the employer and affected employees

The Employment Standards Branch may approve applications for a shorter period than requested by the employer.

Q: We want to apply for a variance to extend the temporary layoff period for our employees who have been laid off due to COVID-19, but are not completely sure when we will be able to recall them.

An official recall date will depend entirely on our business volumes returning. What do we provide as a recall date on the application?

A: If you are uncertain as to a definite recall date because of variables affecting BC’s Restart Plan and reopening the economy, the Employment Standards website suggests that employers should determine a date that most closely aligns with their reasonable business plans to partially or fully resume operations.

Variances are not automatically granted; the Employment Standards Branch will review applications and advise of their decision:

  • If the variance is granted, you will be emailed a copy of the variance decision
  • If the variance is denied, a formal decision is sent by email and registered mail to both the employer and affected employees

The Employment Standards Branch may approve applications for a shorter period than requested by the employer.

COVID-19 Vaccine (Paid leave)

On April 28, 2021 the BC government introduced a bill to amendment to the Employment Standards Act to introduce a 3 hour paid leave for employees, for the purpose of being vaccinated against COVID-19.

  • Employees are entitled to this leave, regardless of how long they have been employed
  • Additional leave can be taken for a additional doses
  • Employees must be paid at least their average hourly wage for each hour they take, up to 3 hours
  • There is no requirement for a request to be in writing, or for the employee to give the employer advance notice.
  • Employers can ask employees to provide reasonable proof that they’re entitled to take this leave (e.g. confirmation of vaccine appointment)
  • Employers cannot require employees to provide a certificate or proof they’ve received a vaccine

Calculate Average Hourly Wage:

Average hourly wage = Amount paid ÷ hours worked

Base the calculation on days worked during the 30 calendar days before the leave started. Include all wages (salary, commission, statutory holiday pay and paid vacation days). Don’t include overtime. This hourly wage rate must be at least minimum wage.

More information: Taking unexpected time off – Province of British Columbia (gov.bc.ca)

COVID-19 Vaccinations in The Workplace

Please see our go2HR COVID-19 Vaccinations in The Workplace webpage for detailed information, resources and a new Employer Toolkit.

Employment Insurance (EI)

Q: What if I need financial support but can’t work or don’t qualify for Employment Insurance (EI)?

A: As of Oct 2, 2020, the federal government passed legislation to create recovery benefits for individuals impacted by COVID-19 but who don’t qualify for EI:

Canada Recovery Sickness Benefit (CRSB)

Provides income support to employed and self-employed individuals who are sick or need to self-isolate due to COVID-19, or have an underlying health condition that puts them at greater risk of getting COVID-19.

More Information & Apply: Canada Recovery Sickness Benefit (CRSB)

Canada Recovery Caregiving Benefit (CRCB)

Provides income support to employed and self-employed individuals who must care for their child under 12 years old or a family member who needs supervised care. This applies if their school, regular program or facility is closed or unavailable to them due to COVID-19, or because they are sick, self-isolating, or at risk of serious health complications due to COVID-19.

More Information & Apply: Canada Recovery Caregiving Benefit (CRCB)

Supplementary Unemployment Benefit (Sub) Plan

Q:  What is a Supplemental Unemployment Benefit (SUB) Plan?

A:  A Supplemental Unemployment Benefits (SUB) plan allows an employer to top up an employee’s EI benefits during periods of unemployment (e.g. temporary stoppage of work or illness, injury or quarantine).

  • All SUB Plans must be approved by Service Canada before they can start
  • The employer’s contribution combined with the weekly EI benefit cannot exceed 95% of the employee’s weekly earnings
  • SUB Plans must be in effect for at least one year and may be in effect for up to five years.

Eligibility:

  • Employer required to submit a SUB Plan in advance of implementation
  • Employee must be eligible for EI

Application Process:

  1. Create a SUB Plan
  2. Submit the SUB Plan, Registration form and any additional supporting documents
  3. Obtain Service Canada Approval before implementing the plan

Resources:

Q: Can employers extend the duration of an existing and already approved SUB Plan or do they need to re-apply?

A: Employers who are already participating in the program will automatically receive a request to renew from Service Canada – SUB Program before the end date of their plan.

Work Sharing Program

Work-Sharing (WS) is a program that helps employers and employees avoid layoffs when there is a temporary decrease in business activity beyond the control of the employer.

The program provides Employment Insurance (EI) benefits to eligible employees who agree to reduce their normal working hours and share the available work while their employer recovers. Work-Sharing is an agreement between employers, employees and the Government of Canada.

UPDATE: The Government of Canada has implemented special measures for this program, due to COVID-19, which are in effect until September 24, 2022, and employers may be eligible to apply for a subsequent 26-week agreement.

Q: Is Work Sharing an option for tourism employers?

A: The Work-Sharing program can help employers avoid layoffs when there is a temporary reduction in the normal level of business activity that is beyond the employer’s control. The program provides Employment Insurance (EI) benefits to eligible employees who agree to reduce their normal working hours and share the available work while their employer recovers.

The Program allows employers to retain qualified and experienced workers, and avoid recruiting and training new employees. It also allows employees to keep their jobs, and maintain their work skills.

How it works:

  • WS Units: A Work-sharing unit is a group of at least 2 employees with similar job duties who agree to reduce their hours of work over a specific period of time
  • Equal sharing of work: All members of a WS unit agree to reduce their hours of work by the same percentage and to equally share the available work
  • Expected work reduction: A WS unit must reduce its hours of work by at least 10% to 60%. The reduction of hours can vary from week to week, as long as the average reduction over the course of the agreement is from 10% to 60%
  • Agreement length and extension: A WS agreement has to be at least 6 consecutive weeks long and can last up to 26 consecutive weeks. However, due to COVID-19, employers who request an initial Work-Sharing agreement, which used to be for a duration of 26 weeks, automatically receive up to 76 weeks, even if they expect that their employees will return to normal work hours sooner. Employers can end their Work-Sharing agreement at any time
  • Work-Sharing is an agreement between employers, employees and the Government of Canada
  • Mandatory cooling off period has been waived for employers who have already used the Work-Sharing program so that eligible employers may immediately enter into a new agreement

Eligibility Requirements

Employers:

  • A year-round business in Canada for at least 1 year
  • Private business and publicly held companies
  • Not-for-profit employers experiencing a shortage of work due to a reduction of business activity and/or a reduction in revenue levels due to COVID-19
  • Shortage of work is temporary, beyond the employer’s control and not cyclical
  • Business activity has declined by at least 10% in the last 6 months
  • At least 2 employees (who share similar work) in a work sharing unit
  • Required to submit and implement a recovery plan to return employees to normal hours

Employees:

  • Year-round, full-time, part-time or temporary “core” employees who are needed to carry out the day-to-day functions of the business (Casual, on-call and seasonal employees are not eligible)
  • Must be eligible to receive EI benefits, and
  • Must all agree to reduce their normal working hours by the same percentage and to share the available work
  • NEW – Employees considered essential to the recovery and viability of the business (due to COVID-19) can now be eligible to participate in Work Sharing

Duration:

  • Program duration: Min. 6 weeks/ max 76 weeks due to COVID-19
  • Waiting period: None, however processing of EI benefits may take a few weeks

Apply:

More information:

Email Inquiries: EDSC.DGOP.TP.REP-RES.WS.POB.ESDC@servicecanada.gc.ca

Q: Are seasonal employees, summer or co-op students eligible for the Work Sharing program?

A: Unfortunately, no. Neither are casual, on-call employees or non-core employees.

Q: Do employee benefits continue while they are on a work sharing agreement?

A: Yes. Employers are required to continue all existing employee benefits (including vacation, health/dental insurance, pension benefits, group disability, etc.) for the duration of the Work-Sharing agreement.

If benefits are calculated based on earnings or hours of work, those benefits (including any subsequent payout of benefits) may be reduced.

If statutory holidays occur within a Work-Sharing period compensation those hours is the responsibility of the employer as employees will not be compensated by EI benefits.

Employee Recalls & Work Refusals

Q:  Will employees who are collecting EI required to return to work when recalled?

A:  In order to continue receiving EI benefits, claimants will be required to make “reasonable and ongoing job search efforts”.

Q: We run a small, independent business and unfortunately will not be able to recall all of our employees due to a lack of business because of COVID-19. Are employers required by legislation to make employee recall decisions based on seniority? 

A: In a non-union workplace, legislation does not require employers to make recall decisions based on seniority. Rather, length of service should be one of many considerations taken into account when determining criteria (e.g. business needs, skills, full time/part time, length of service, etc.).

Document recall criteria and ensure that it is objective, non-discriminatory and applied in a fair and consistent manner for all employees.

Q: Can employees refuse to return to work from a temporary layoff because they just don’t want to go back to work?

A: BC’s Employment Standards legislation states that employees cannot simply refuse to return to work when being recalled from a laid off. If they do, employers could deem them to have resigned and would not owe the employee any severance.

As individual situations vary, employers should address employee return refusals on a case-by-case basis.

Important: Employer should take into consideration statutory leaves (e.g. COVID-19 leave) and human rights legislation.

We would encourage open communication with employees to discuss and clarify why they don’t want to return, take action to address any concerns and if required, provide options for accommodation.

Terminations of employment (including whether or not to consider an employee to have resigned) during the COVID-19 pandemic may require additional considerations. Employers are encouraged to consult legal counsel.

Q: What if an employee refuses to return to work because they don’t feel safe?

A: Workers in BC have the right to refuse work if they believe it presents an undue hazard. An undue hazard is an “unwarranted, inappropriate, excessive, or disproportionate” risk, above and beyond the potential exposure a general member of the public would face through regular, day-to-day activity.

As individual situations vary, employers should address employee return refusals on a case-by-case basis.

Workers Compensation legislation requires employers to address the refusal of unsafe work within their health and safety policies and program for their workplace.

A refusal of unsafe work would require the employer and the employee/worker to follow specific steps within their workplace to investigate and resolve the issue. If the matter is not resolved, the worker and the supervisor or employer must contact WorkSafeBC and a prevention officer will then investigate and take steps to find a workable solution for all involved.

Work refusal situations can be challenging and complex, please feel free to contact us if additional support or information is required: safety@go2hr.ca

Q:  How can we encourage employees to return to work if they are hesitant or we only have minimal hours for them?

A: This situation is similar to that of recruiting in a tough labour market, pre-COVID. Employers may also want to consider what they can offer in the way of incentives to entice their employees back to work (as opposed to staying home or considering other job opportunities).

Recognizing that each business is different and that the COVID crisis has put many businesses in a difficult financial situation, below are some links and suggestions for non-monetary and other incentive options for employers to consider:

Government Financial Support programs:

  • Work-Sharing agreement

Non-monetary Incentives:

  • Flexible working arrangements (e.g. choice of hours or shifts, compressed work week, remote work)
  • Consider signing up for an employee rewards program (e.g. Perkopolis)

Other suggestions:

  • Shift premium for working during the COVID crisis (such as grocery stores are doing)
  • Additional paid time off (e.g. birthday, personal days, time to volunteer)
  • Additional vacation time

Q:  We are revising our medical form that staff fill out when we hire them, in order to gain a better understanding of their medical conditions and medication that they may be on. Are you able to give some guidance on what employers are and are not allowed to ask?

A:  Personal information requested from employees are subject to both human rights and privacy legislation.

Only personal information that is directly required for the performance of the job may be collected (and this is a very narrow description), and should be stored in accordance with privacy regulations.

Under normal circumstances, requesting any medical information can be challenging. But due to the current scenario, employers can ask employees if they are exhibiting any symptoms related to COVID-19 (and other related questions) through a questionnaire if need be.

Q:  One of our employees is scheduled to return in the coming weeks when her maternity leave ends but we don’t have a position for her, as we have laid off all of our employees due to COVID-19. What should we do?

A:  The laws around maternity and parental leaves have not changed. You need to bring your employee back to work however in this case you may then need to lay her off due to COVID-19.  She could then apply for EI or the Canada Recovery Benefit (CRB), depending on her eligibility.

As this is a sensitive situation, we encourage employers to ensure clear, ongoing and transparent communication with your employee.

Q: Have there been any changes to EI, related to maternity or paternity benefits in response to COVID-19?

A:  As of September 27, 2020, the following temporary changes were introduced to the EI program to help individuals access EI maternity and parental benefits.

  • Individuals will only require 120 hours to qualify for benefits, they will be given a one-time credit or 480 hours towards the required 600 hours of insured work
  • Maternity and standard benefits – individuals will receive at least $500 per week (before taxes),
  • Extended parental benefits – individuals will receive at least $300 per week (before taxes)
  • The 52-week period to accumulate insurable hours will be extended for individuals who received the CERB

These changes will be in effect for one (1) year.

As this is a sensitive situation, we encourage employers to ensure clear, ongoing and transparent communication with your employee.

Website: EI maternity and parental benefits: What these benefits offer

Q: We are getting ready to recall employees from layoffs. What should we be communicating to them when they return?

A:  Ensure employees are aware of health and safety policies and procedures and what their working conditions will be upon return (hours, pay) and any consequences of their return (e.g. their eligibility for or earning limits while on EI)

Employer Health Tax (EHT)

Q: What are the 2021 installment due dates for the BC Employer Health Tax (EHT)?

A:  The next installment due dates is as follows:

Deadline to file a return and make the final payment is March 31, 2022.

More Information:

Hardest-Hit Business Recovery Program (HHBRP)

In October 2021, the federal government has announced new proposed regulatory changes to temporarily expand eligibility for wage and commercial rent support for businesses and other organizations, under the Local Lockdown Program.

These changes would:

  • Apply to claim periods 24 and 25 (December 19, 2021, to February 12, 2022)
  • Allow those entities to qualify if they are subject to a capacity-limiting public health restriction of 50 percent or more
  • Reduce the current-month revenue decline threshold requirement to 25 percent for those entities

Businesses, charities, or non-profits in Canada who have faced deep losses due to the COVID-19 pandemic and are not eligible for the Tourism and Hospitality Recovery Program (THRP) may be eligible for a wage subsidy, a rent subsidy, or both through this program.

Eligibility:

  1. A 12-month average revenue drop from March 2020 to February 2021 of at least 50%
  2. A claim period revenue drop of at least 50%.

More Information: Hardest-Hit Business Recovery Program (HHBRP) – Canada.ca

Immigrants & Foreign Workers

Q: We rely heavily on our international staff, typically Australians who are here on Working Holiday Visas. Several of our staff are coming to the end of their 2-year visas. Is there any process to extend that visa under COVID conditions?

A: Unfortunately, there are a limited number of circumstances in which an extension would be granted and there are no exceptions.

Below are a few links to the IRCC website section related to COVID-19. They provide information for IEC participants who are in Canada regarding extending or changing work permits:

Q: Are Temporary Foreign Workers eligible for EI benefits?

A: In response to COVID-19, Temporary Foreign Workers that have met the eligibility requirements (hours worked) will qualify for EI benefits.

Q: What if a Temporary Foreign Worker has only been here a short time and hasn’t worked enough hours to qualify for EI?

A: Those who have not met the eligibility requirements of EI will qualify for the Canada Emergency Response Benefit.

Q: We have Temporary Foreign Workers living in our staff housing, with nowhere else to go. Will they qualify for the $500 temporary rental supplement being provided by the BC government?

A: Not likely if their name is not on the lease. In those cases, some employers are choosing to provide rent reductions or eliminations to assist those employees.

Q: What options do Temporary Foreign Workers have who no longer have jobs, are unable to work for another employer and are stuck in Canada – unable to return to their country due to travel restrictions?

A: Temporary foreign workers in Canada under a work permit can apply to Immigration, Refugees and Citizenship Canada (IRCC) to extend their work permit and remain in Canada as a temporary worker or apply to stay as a visitor.

If no longer working, foreign workers can apply to change their status to visitor, as long as the work permit has not expired.

Workers that intend to continue working may be able to extend their work permit if they are eligible.

Q: What if a temporary foreign worker or student wants to extend their work permit but it has already expired?

A: If the work permit has already expired, and it has been less than 90 days, workers can apply to restore status.

If it has been more than 90 days since the worker permit expired the worker has until August 31, 2021, to apply to restore their status if:

  • they had valid status on or after January 30, 2020, and their status expired on or before May 31, 2021
  • they are still in Canada

Most people have to apply online to extend their stay in Canada as a temporary resident. There are some people who may not be able to apply online.

More information: Coronavirus disease (COVID-19): If your visitor, student or worker status has expired – Canada.ca

Q: What should Temporary Foreign Workers do if they have an application for permanent residence in process and have now been laid off?

A: Depending on the worker’s situation, they will need to take the following actions:

  1. IF they have applied through Express Entry under the Federal Skilled Worker, Federal Skilled Trades, or Canadian Experience Class AND they received points in the Comprehensive Ranking System for a valid job offer, they should advise IRCC by making a case-specific enquiry via the Web form. When the application for permanent residence is assessed, IRCC will consider the current status of their employer due to the coronavirus pandemic.
  1. IF they’ve applied through the BC PNP with a full-time, permanent job offer and have since been laid off due to the coronavirus pandemic, they should advise the BC PNP so that this information can be taken into consideration. BC PNP will advise of the next steps to be taken.

Applicants needing a work permit extension to remain in Canada, even during a lay-off, should advise IRCC of the current situation by either attaching a note to their application to extend their work permit or, if they’ve already applied, by making a case-specific enquiry via the IRCC Web form.

Q:  When will the International Experience Canada (IEC) program re-start issuing invitations for Working Holiday Visas, Young Professionals and International Co-op (interns)?  

On March 1, 2021, the Immigration, Refugees and Citizenship Canada (IRCC) partially reopened the International Experience Canada (IEC) pools. This popular program had been closed since April 2020 as a result of the ongoing pandemic.

As a reminder, Canadian employers do not require a Labour Market Impact Assessment (LMIA) in order to hire workers through the IEC categories – Working Holiday, Young Professional and International Co-op (Internship).

In order to be eligible, a candidate’s country of citizenship must have an IEC Agreement with Canada. Candidates must also meet their own country’s eligibility requirements, which generally include age requirements and a specific number of participations. The age of eligibility ranges from 18-30 or 35, depending on country.

Although not all countries that have an IEC Agreement with Canada will offer invitations to Apply at this time, countries impacted by this re-opening include Australia, Belgium, France, Ireland, United Kingdom and more.

To participate, eligible candidates need to create an online profile with Immigration, Refugees and Citizenship Canada (IRCC) and submit this profile to any of the three available pools. Candidates will be selected randomly, up to a set quota, and issued an invitation to apply for a work permit.

Due to current restrictions on travel due to COVID-19, all IEC participants are required to have a valid job offer and pre-approval letter in addition to proof of adequate health care coverage. Job offers must include written confirmation from the Canadian employer stating that their business is continuing to operate and that the IEC participant will commence work after their mandatory quarantine period.

For more information: Rounds of invitations – International Experience Canada (cic.gc.ca)

Q: Can IEC – Working Holiday, Young Professional or International Co-op (Internship) permit holders extend their work permits?

A: Individuals can only extend their participation or make changes to their International Experience Canada (IEC) work permit in very specific situations. Please see the link below for more specific details and information.

More information: International Experience Canada: Extend your participation or change your work permit – Canada.ca

Q: Do IEC permit holders have to wait until their new employer-specific work permit arrives to start a new job or work for a new employer?

A: If an individual has an employer-specific work permit and they want to change jobs or employers, they must apply for a new work permit from inside Canada. International Experience Canada (IEC) participants must first check that they can change employers with an IEC work permit.

Due to COVID-19, they don’t need to wait until their work permit application is approved to start their new job or work for a new employer. They just need an email from IRCC that says they have permission to change jobs.

As always, open work permit holders can change employers at any time.

More information: Extend or change the conditions on your work permit: Changing jobs or employers – Canada.ca

Q: Can Post-Graduate work permit holders extend their work permits?

Starting January 27, 2021, you may be eligible for an open work permit of up to 18 months under a new public policy. Find out if you meet the requirements for this open work permit.

You can submit applications for this open work permit until July 27, 2021.

More information: Coronavirus disease (COVID-19): International students – Canada.ca

Q: Are International Student Study permits extendable?

A: Starting January 27, 2021, individuls may be eligible for an open work permit of up to 18 months under a new public policy. Find out if you meet the requirements for this open work permit.

Individuals can submit applications for this open work permit until July 27, 2021.

More information: Work in Canada after you graduate: After you apply – Canada.ca

Q: Can international workers apply for a new post graduate work permit (PGWP) if their current permit is expiring?

A: Yes, they can reapply.

More information: Work in Canada after you graduate: After you apply – Canada.ca

Q: Can International Students continue to work?

A: Yes, they can continue working as long as they continue to meet the conditions printed on their study permit. In some cases, due to the response to the COVID-19 pandemic, their courses may have been suspended or moved to distance learning.

Students in this situation are able to continue working 20 hours per week during academic sessions and full-time during scheduled breaks in the academic calendar.

Q: Can international workers apply for a new work permit if their current permit is expiring?

A: Yes, they can reapply.

Q: What are the options for an international worker who is interested in applying for an open work permit?

A: There are also several ways to be eligible for an open work permit, including as the spouse or common-law partner of an international student or skilled foreign worker, or as an in-Canada applicant for permanent residence awaiting decision.

More Information:

Layoffs

Q:  We need to reduce our staffing levels as a result of business decline. What is a layoff and can we lay our employees off until we need them? 

A:  A temporary layoff is when an employee earns less than 50% of their regular weekly wages (averaged over the previous eight weeks that they worked), with the plan that the employee will return to a regular work schedule.

  • Layoffs are not automatic. BC’s employment legislation requires that employees must agree to be laid off or layoffs must be part of the employment contract. If an employee doesn’t agree to the layoff, it may be considered a termination of employment.
  • If the employee won’t be returning to work, the layoff is a termination of employment.
  • If an employee is laid off, they’re still considered to be employed. Any benefits and entitlements (including vacation and leaves of absence) are protected.

More information: Temporary layoffs – Province of British Columbia (gov.bc.ca)

Q:  How long can an employee be on a temporary layoff before the employer needs to bring them back, to avoid the layoff becoming a termination?

A:  An employee cannot be laid off for more than 13 weeks in any given 20-week period (about three months in a period of five months).

  • Every week that an employee earns less than half of their regular wages counts as a week of layoff.
  • If an employee is laid off for more than the maximum number of weeks, the Employment Standards Branch may decide that their employment has been ended and employers may need to pay compensation for length of service.

In this situation you may want to apply to the Employment Standards Branch for a variance to extend the temporary layoff.

More Information:  Extend a COVID-19 Temporary Layoff

Q:  Are we required to provide employees with compensation if we can’t bring them back from a layoff due to COVID-19 and end up terminating them?

Employment Standards states that If a business closure or staffing reduction is directly related to COVID-19 and there is no way for employees to perform their work in a different way (for example, working from home) the exception may apply in terminations resulting from the COVID-19 emergency.

This exception is not automatic for all layoffs that have occurred during the time of the COVID-19 emergency and employment standards requires specific criteria that must be met.

Important to note that employee terminations during the COVID-19 pandemic may require additional considerations, including individual circumstances and common law.

If there is question as to whether or not this exception would apply to a specific situation, employers are encouraged to consult legal counsel prior to terminating in order to avoid potential liabilities.

More Information: COVID-19 terminations and permanent layoffs section

Q: Does the employee vacation need to be paid out before they can go on EI? Some of our staff don’t want their vacation to be paid out as they want to take it at a later stage.

A: If the layoff is considered temporary as defined within the Employment Standards Act (ESA) then paying vacation pay is not a requirement. If the layoff is not temporary, then vacation pay would need to be paid out.

We are inclined to be sympathetic and say if employees don’t want to be paid out, don’t force it on them. We have high hope the layoff will last a short time. Employees will need their vacations. They aren’t being terminated, just sent home for the duration. If it drags on, employees have a little stash of vacation money they can ask for at a later time.

More Information: Quitting, Getting Fired or Laid Off – Province of British Columbia (gov.bc.ca)

Q: What do we do if an employee requests a layoff so that they can stay home and care for a child because they have no daycare or need to care for an ill family member?

A: Under these circumstances, the employee would qualify for the new COVID-19 Leave as provided for with BC’s employment standards.

Local Lockdown Program

The Local Lockdown Program is a way businesses, charities, and non-profits affected by a qualifying public health restriction can be eligible for wage and rent support through the Tourism and Hospitality Recovery Program (THRP).

In December 2021, the federal government announced new proposed regulatory changes to temporarily expand eligibility for wage and commercial rent support for businesses and other organizations under the Local Lockdown Program. These changes would:

  • apply to claim periods 24 and 25 (December 19, 2021, to February 12, 2022)
  • allow those entities to qualify if they are subject to a capacity-limiting public health restriction of 50 percent or more
  • reduce the current-month revenue decline threshold requirement to 25 percent for those entities

More Information: Tourism and Hospitality Recovery Program (THRP) – Canada.ca

Minimum Wage & Paying Wages

Effective June 1, 2021 the BC minimum wage increased to $15.20 an hour for all employees, including Liquor Servers

  • The Liquor Server minimum wage has been eliminated
  • Minimum wage applies regardless of how employees are paid – hourly, salary, commission or on an incentive basis
  • If an employee’s wage is below minimum wage for the hours they worked, employers are required to top up their payment so that it is equal to minimum wage

More Information: Minimum Wage – Province of British Columbia (gov.bc.ca)

Q: I have to close my business and lay off staff. The Employment Standards Act states I must pay final wages within 48 hours after the last day worked. These layoffs will happen between regular paydays and I am concerned I won’t be able to do that within the 48-hour time period because of payroll system technology and financial cash flow issues. What do I do?

A: Do the very best you can in meeting your obligations and use your very best due diligence in meeting the legal requirements. Under these circumstances, it is unlikely that there will be repercussions if you did everything possible and in good faith. Ensure open communication with your employee(s).

Q:  We are looking forward to hiring our first employees and wondering where we can find information related to our obligations for payroll?

A:  As an employer, you are responsible for ensuring you understand and meet your obligations. The Canada Revenue Agency (CRA) Employers’ Guide – Payroll Deductions and Remittances provides full details related to all of the requirements regarding employee payroll and the steps for payroll will guide you through setting up new employees for source deductions (CPP, EI) and remittances.

Personal Illness or Injury Leave

Provides employees with up to three (3) days of unpaid, job-protected leave each year for employees who are covered by the Employment Standards Act and can’t work due to personal illness or injury.

NEW: Effective January 1, 2022, BC’s Employment Standards legislation now also provides eligible employees with up to 5 days of paid, job-protected illness or injury leave (sometimes called Sick Leave).

  • These new paid days are in addition to 3 days of unpaid leave which was already in place
  • The illness or injury does not have to be COVID-19 related, to be eligible for these benefits

More information and FAQs related to this leave are available here: Illness or Injury Leave – go2HR

More Information: Leaves – Province of British Columbia (gov.bc.ca)

Record of Employment (ROE)”

Q: We are a restaurant with dozens of staff who we have had to temporarily lay off until we can reopen for dine in. Do we need to provide an ROE for everyone?

A: Yes. A ROE should be issued any time there is an interruption of earnings, which is a period of 7 consecutive days with no work and no insurable earnings.

Q: What do I put on the ROE as the reason for layoff?

A: Shortage of Work (Code A). Do not add comments.

Q: If an employee requests a lay off so that they can look after their mother and self-quarantine (not risk covid-19 exposure/passing anything on) what do I use as the ROE layoff reason? Illness/sickness or other?

A: K (other). Do not add comments

Q: What code do we use for an employee who refuses to come to work but is not sick or quarantined?

A: Use code E (Quit) or code N (Leave of absence), as appropriate. Avoid adding comments.

Q: Where can I find more information about how to fill out an ROE?

A: Website: How to Complete the Record of Employment (ROE) form

Recruitment

Q:  We are having trouble finding staff and receiving few to no applicants for some of our positions. What can we do?

A:  Unfortunately, the industry is once again experiencing labour shortages across the province due to a number of factors. Pre-pandemic labour challenges (e.g. housing, transportation, competition with other industries) have not gone away and in fact have worsened in some regions.

As we move through the BC Provincial Restart Plan and COVID-19 restrictions continue to ease, individuals may remain hesitant to apply for jobs or return to the workplace. With health and safety still top-of-mind for many, we recommend that employers include health and safety information in their job postings.

Examples:

  • Provide a link to your Communicable Disease Prevention Plan, if you have one documented or
  • Mention your ongoing commitment to health and safety, or observing COVID-19 related health and safety practices (social distancing, hygiene, mask usage) if they are still in place

While this won’t guarantee applicants, it may help to encourage some.

Q: Can we hire new employees on a temporary basis to replace current employees who are away from work due to an illness, self-quarantine or having to care for others due to COVID-19?

A: Yes, employers are able to hire new employees if needed to fill gaps left by employees who are away and unable to work due to COVID-19.

  • Important to note that the COVID-19 leave or Personal Illness or Injury leaves as provided for within BC’s employment standards legislation are both job-protected leaves. This means that when the leave ends, employers are required to bring individuals back to their job or one like it.
  • It is up to the employer to contact the employee and arrange for the return to work.

Q:  Is it acceptable for tourism employers to post job ads and recruit at this time?

A:  Absolutely! Industry employers can log in and post jobs onto the go2HR job board at no cost.

In response to COVID-19, employers may want to include information in their job postings about what they are doing to ensure a safe and health workplace for their employees.

Q:  We have often have volunteers contribute within our retreat location doing odd-jobs in return for a discount on services. Is there anything that we should be aware of, related to our

A: Below are a few links to information about volunteers, in relation to the BC Employment Standards Act and WorkSafeBC that you should be aware of:

Employment Standards Act & Regulation Definitions – Province of British Columbia (gov.bc.ca)

This page provides the definition of an “employee” as well as the policy interpretation (implications that you need to be aware of) for the BC Employment Standards Act.

It is important for employers to be aware of this definition in order to ensure that volunteers are not actually doing the work of “employees”, and in fact entitled to minimum pay, etc. as guided by BC Employment Standards legislation.

Are Volunteers Covered under the Workers Compensation Act? – go2HR

When Volunteers are “Workers”: 5 Key Ways to Effectively Manage OHS Risk – go2HR

Should you have any questions or require any additional information, please feel free to contact one of our HR specialists at go2HR.

Terminations

Q: If an employee is terminated due to a business closure or staffing reduction related to COVID-19, is an employer required to pay compensation for length of service?

A: The BC Employment Standards Regulation provides an exception to the requirement of compensation for length of service or group termination pay, for terminations due to unforeseen circumstances, including COVID-19.

The regulation states that if a business closure or staffing reduction is directly related to COVID-19 and there is no way for the employee to perform work in a different way (for example, working from home) an exception may apply to exclude employees from receiving compensation for length of service and group termination pay. However, this may not always be the case.

If an employer terminates an employee for reasons that are not directly related to COVID-19, or if the employee’s work could still be done (perhaps in a different way) this exemption would not apply.

Important to note that employee terminations during the COVID-19 pandemic may require additional considerations, including individual circumstances and common law.

If there is question as to whether or not this exception would apply to a specific situation, employers are encouraged to consult legal counsel prior to terminating in order to avoid potential liabilities.

If an employee chooses to file a complaint through the Employment Standards complaint resolution process, decisions regarding whether this exception applies are made by the Director on a case-by-case basis.

More Information:

Q:  Are there any special considerations that employers should give thought to if they are terminating employees during COVID-19?

A: The COVID-19 pandemic has proven to be a difficult time for many. Employee terminations during the COVID-19 pandemic should be handled with added compassion and extra consideration should also be given to the following areas:

  • COVID-19 Leave – Employees on this job-protected leave should not be terminated prior to the end of their leave
  • Timing – Is it necessary to terminate the employee now (e.g. economic or financial necessity) or is it possible to delay the termination?
  • Layoff – Is the employee on layoff? If so, termination may be possible but is it not recommended

Q: Is the COVID-19 pandemic being treated as a “group termination” and hence do employers need a code from the Minister of Labour?

A: If the employer is laying off 50 or more employees from a single location within a 2-month period, the group termination provisions of the BC ESA still stand.

More Information:

Q: I run a small (non-union) hotel and have an employee who was hired 2 weeks ago and then didn’t show up for work. He claims he has allergies (not COVID-19 related). We advised him to stay home and then he quit with a letter stating that he is not in good health. Since he has only been with us for 2 weeks and didn’t show up for work, do we have any obligations to him?

A: As the employee resigned from his employment, you have no obligations to him.

More Information:

Tourism and Hospitality Recovery Program (THRP)

Businesses, charities, or non-profits in Canada who has been affected by the COVID-19 pandemic may be eligible for a wage subsidy, a rent subsidy, or both through the THRP.

Organizations may qualify if they are either:

  • part of the tourism, hospitality, arts, entertainment, or recreation sectors, or
  • affected by a qualifying public health restriction

Eligibility:

There are two ways eligible organizations can qualify for the THRP:

1.   Tourism, Hospitality, Arts, Entertainment, And Recreation Sectors

OR

2.   Organizations affected by a qualifying public health restriction – Local Lockdown Program. It is available to eligible organizations, regardless of sector. To qualify for the THRP this way, you must meet following two conditions:

Benefits:

Through the THRP, whether you are considered a qualifying tourism or hospitality entity or you were subject to a qualifying public health restriction, you may be able to get:

  • A subsidy to help cover wages (formerly the Canada Emergency Wage Subsidy) and rent (formerly the Canada Emergency Rent Subsidy)
  • You may also qualify for the Canada Recovery Hiring Program (CRHP)

More information:

Tourism and Hospitality Recovery Program (THRP) – Canada.ca

Local Lockdown Program – Canada.ca

Training

Q: We are going to have some of our staff work from home and think this is a good opportunity to have them take a course. Please let me know the courses which are beneficial for the hotel and other front-line employees.

A: Please find below links to a range of online training programs that may be of interest for front-line and supervisory employees.

We want to make training accessible for everyone during this time, so we are offering 20% off SuperHost online courses.

Q:  Is there any support for training (property management courses) and/or longer term funding available for employing an unemployed person to better our business? 

A:   Here are a couple of resources that you may want to consider:

BC Employer Training Grant
The BC Employer Training Grant program supports skills training to address provincial labour market needs.

Wage Subsidy Program – WorkBC
The Wage Subsidy Service provides interim financial support (wages) to assist an employer with some of the costs associated with on the job training and skill development. WorkBC offices throughout the Province that have their own contacts for Wage Subsidy.

WORKPLACE ACCESSIBILITY GRANT

The Workplace Accessibility Grant program provides BC employers with direct financial assistance towards creating an inclusive work environment for individuals with a disability(ies).

Administered through Small Business BC, the grant will be available on a first-come first served basis June 21, 2021 – April 30, 2022 or until funding is fully allocated

The maximum allowable grant is $1000/business, including applicable taxes

Eligible Expenses

The grant can be used for the following (but not exclusively for):

  • Environment: ramps, lighting levels, accessible washrooms, adaptions to vehicles, etc.
  • Attitudes: anti-bias training
  • Practices: training to review and amend interview processes, ASL interpreting for new staff orientation, accessibility audit of workflow, etc.
  • Policies: funding for legal and consulting advice in revising policies, time for staff to revise policies, etc.
  • Information and Communication: job task checklists in pictorial form, ASL version of policies, application forms accessible to screen readers, reprinting hardcopies of material in large font, Braille versions of documents, update web-pages for accessibility, etc.
  • Technologies: purchasing software that enables production of accessible documents, flashing fire alarms for Deaf employees, specialized headsets, tablet for communication, laptop to allow someone to work from home, specialized tools, etc.

Find the list of eligible covered services by type of barriers addressed here

Eligibility

  • This Grant Program is available for companies with between 1 and 50 employees (both part time and full time), including the owner
  • Businesses must be based in and operate within BC, and have been registered in BC at the time of submission
  • Businesses will have to declare their general information (name of business, owner, contact information, banking information (for an EFT of grant funds) and provide a covering memo describing the item(s) and/or service(s) they are purchasing (or have purchased since April 1, 2021) as well as a receipt(s) which will become part of their file

Apply: Small Business BC Workplace Accessibility Grant Registration & Application Form

More Information: Workplace Accessibility Grant – Small Business BC

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