Question Period Note: PAID LEAVE FOR COVID-19 VACCINATION AND THE CANADA LABOUR CODE

Are employees in the federal jurisdiction entitled to paid leave to receive a COVID-19 vaccination?

• Widespread vaccination is critical to Canada’s fight against the COVID-19 pandemic.

• The Canada Labour Code provides federally regulated employees with five days of personal leave each year, of which the first three days are paid. Employees can take the leave for various reasons, but most importantly, they can take it if they need to leave work to get vaccinated, or to help a family member to get vaccinated.

• If an employee has already used all of their personal leave for 2021, they could also be covered under medical leave so that they have access to the time off they need to get vaccinated.

• I am proud of the steps we have taken to make sure federally regulated employees and their families are protected during this crisis. We will continue to monitor the COVID-19 pandemic and take any steps necessary to ensure that employees in federally regulated sectors have access to the supports they need.

Leaves under the Canada Labour Code

Personal Leave

Since September 2019, employees covered under Part III of the Canada Labour Code (Code) are entitled to a personal leave of up to five days, for which three days are paid for employees with three months of continuous employment. This leave , that can be taken for various reasons, including to treat an illness or injury, to carry out responsibilities related to the health or care of any of their family members, or in the event of an urgent situation. The personal leave could be taken by an employee who needs time away from work to get vaccinated or to help a family member to get vaccinated without fear of losing pay.

Medical Leave

Part III of the Code provides also up to 17 weeks of unpaid medical leave if an employee is unable to work due to illness, injury, organ donation surgery, or medical appointments during working hours. The employee may also be eligible for up to 16 weeks of leave if unable to work due to quarantine. The unpaid medical leave can be taken by an employee who needs time away from work to get vaccinated.

Vaccination Leaves in the Provinces and Territories

Several provinces have created special paid leaves to allow employees in their jurisdictions to take job-protected time off to get vaccinated. These include Alberta, British Columbia, Manitoba, Nova Scotia, Prince Edward Island, Ontario and Saskatchewan.

These leaves vary, with some explicitly providing employees with up to three hours of paid leave for each dose of the COVID-19 vaccine, and others providing days of paid leave related to COVID-19 which employees can access to take their vaccine.

• Part III of the Canada Labour Code applies to federally regulated private sector enterprises, most federal Crown corporations and some First Nations activities, and cover in total 18,500 employers employing 955,000 workers (i.e. 6% of the Canadian workforce). Part III establishes minimum working conditions regarding hours of work, minimum wages, annual vacations, leaves, termination of employment and severance pay.

• Employees in the federally regulated private sector are entitled to five days of personal leave per calendar year. The first three of these days are paid if the employee has worked for the employer for three or more months. The leave can be taken for a variety of reasons, including:
o treating the employee’s illness or injury;
o carrying out responsibilities related to the health or care of any of the employee’s family members;
o carrying out responsibilities related to the education of any of the employee’s family members who are under 18 years of age;
o addressing any urgent matter concerning the employee or their family members;
o attending the employee’s citizenship ceremony under the Citizenship Act; and
o any other reason prescribed by regulation.