On May 11, 2021, British Columbia (BC) announced that it had introduced Bill 13, Employment Standards Amendment Act (No. 2), 2021 (Bill 13) for first reading. Bill 13 is not law at this time, but will become law if it receives Royal Assent. If passed, Bill 13 will amend the province’s Employment Standards Act (ESA) to add two new leaves:

• a temporary COVID-19-Related Paid Leave; and

• a permanent Paid Personal Illness or Injury Leave.

COVID-19-Related Paid Leave (Temporary)

Eligibility

Commencing on the date Bill 13 receives Royal Assent until December 31, 2021, employees in BC whose employment is governed by the ESA would be entitled to up to three days of COVID-19-Related Paid Leave in the following circumstances:

• The employee is diagnosed with COVID-19 and is acting in accordance with:
  • instructions or an order of a medical health officer; or
  • advice of a medical practitioner, nurse practitioner or registered nurse.
• The employee is in quarantine or self-isolation in accordance with:
  • an order of the Provincial Health Officer;
  • an order under the Quarantine Act (Canada); or
  • guidelines of the BC Centre for Disease Control, or the Public Health Agency of Canada.
• Their employer, due to its concern about the employee’s exposure to others, has directed the employee not to work.

The province’s website indicates that the COVID-19-Related Paid Leave would be available to full- and part-time employees who do not already have a paid sick leave benefits plan.  Entitlement to this leave would not be conditioned on meeting minimum service requirements.

Calculation of payment

If Bill 13 becomes law and an employee takes COVID-19-Related Paid Leave, their employer must pay them at least the amount calculated by multiplying the period of the leave and the average day's pay.

The “average day's pay” would be determined by this formula: amount paid ÷ days worked.

“Amount paid” is defined as the amount paid/payable to the employee for work done and wages earned within the 30-calendar-day period preceding the leave, including vacation pay paid/payable for any vacation days taken within that period, less any amounts paid/payable for overtime.

“Days worked” is the number of days the employee worked or earned wages within that 30-calendar-day period. 

Interaction with collective agreements

In a unionized workplace, if a collective agreement’s provisions regarding paid leave meet or exceed COVID-19-Related Paid Leave, the collective agreement’s provisions would apply to the employees it covers.

Reimbursement

The province’s website also indicates that if an employer’s workplace does not have an existing sick leave program, the province would reimburse the employer up to $200 a day. Details about the reimbursement program, which would be administered by WorkSafeBC, will be available in June. The reimbursement program would not be part of the province’s workers’ compensation system; therefore, the employer’s WorkSafeBC premiums or accident fund would not be impacted.

Paid Personal Illness or Injury Leave (Permanent)

If Bill 13 is passed, beginning January 1, 2022, after 90 consecutive days of employment, employees in BC who cannot work due to any illness or injury would be permanently entitled to Paid Personal Illness or Injury Leave. The government’s announcement indicates that the number of paid sick days and other supports would be determined following consultations with the business community, labour organizations, Indigenous partners, and other stakeholders.

Bottom Line for Employers

Employers with operations in BC are encouraged to familiarize themselves with Bill 13, while remembering that it will not become law unless and until it receives Royal Assent. We will follow Bill 13’s progress and provide updates when information is made available.