News & Analysis as of

Canada Leave of Absence

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Canada: Another Arbitrator Considers Interaction Between Canada Labour Code Leave Entitlements and Other Leave Entitlements

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In Teamsters Local Union 987 of Alberta v Purolator Inc., 2024 CanLII 21937 (CA LA), an arbitrator dealt with a clash between the amount of leave days under a unionized employer’s collective agreements (CA) and the leave...more

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Canada Implements New Employer Reporting Requirements in Support of Canadian Dental Care Plan, Introduces Bill to Create New...

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On November 30, 2023, Canada’s federal government introduced Bill C-59, Fall Economic Statement Implementation Act, 2023 (Bill C-59), which would implement proposals in the 2023 Fall Economic Statement (Statement). Bill C-59...more

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Ontario, Canada’s Bill 79, Working for Workers Act, 2023 Is Now in Force

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On October 26, 2023, Ontario’s Bill 79, Working for Workers Act, 2023 (Bill 79) received Royal Assent and came into force. The statutes amended by Bill 79 include the Employment Standards Act, 2000 (ESA), the Occupational...more

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Ontario, Canada Appeal Court Shows Importance of Proper Assessment of Employees’ Entitlement to LTD Benefits When on Leave or...

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In Soave v. Stahle Construction Inc., 2023 ONCA 265, the Ontario Court of Appeal (OCA) allowed an employer’s appeal of the trial judge’s finding that an employee who was on a temporary leave at the time of an injury was...more

Constangy, Brooks, Smith & Prophete, LLP

That well-endowed Canadian teacher -- what would've happened here?

This is a G-rated post. PG at worst. Toronto-area shop teacher Kayla Lemieux -- you know, the one with the famous Z-cup breasts -- has been placed on a leave of absence now that the New York Post has reported that she is...more

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British Columbia Tribunal Finds Employer that Unilaterally Removed Employee on Maternity Leave from Management Position Liable for...

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The British Columbia Human Rights Tribunal’s decision in LaFleche v. NLFD Auto, 2022 BCHRT 88, provides employers with insight into how they should conduct themselves while their employees are on a leave of absence.  The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Appellate Court Ruling Leaves Employers Waiting for Determination on Interpretation of COVID-19 Leave Provisions

Employers in Ontario have been waiting for clarification on the interpretation of COVID-19 leave provisions throughout much of the pandemic. Employers had hoped that the Court of Appeal’s decision in Taylor v Hanley...more

Stikeman Elliott LLP

Mandatory Vaccines: Another Policy Upheld in Ontario

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In Bunge Hamilton Canada, Hamilton, Ontario v. United Food and Commercial Workers Canada, Local 175, the arbitrator found that a mandatory vaccination policy requiring unvaccinated unionized employees to be placed on unpaid...more

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Canada: Bill C-3 Will Provide Paid Medical Leave and Other Leaves for Federal Employees and Prohibit Intimidation in Health Care

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On December 17, 2021, Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code (Bill C-3), received Royal Assent.  Bill C-3’s intention is to provide support, in light of the COVID-19 pandemic, to workers in...more

Faegre Drinker Biddle & Reath LLP

Ontario Again Extends Temporary Relief from the ESA’s Termination and Severance Provisions

As we previously highlighted, on May 29, 2020, the Province of Ontario enacted Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), under the Employment Standards Act, 2000 (ESA). The IDEL...more

Faegre Drinker Biddle & Reath LLP

Ontario Extends Temporary Relief from the ESA’s Termination and Severance Provisions

On May 29, 2020, the Province of Ontario enacted Ontario Regulation 228/20, Infectious Disease Emergency Leave (the “IDEL Regulation”), under the Employment Standards Act, 2000 (“ESA”). The IDEL Regulation retroactively...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

British Columbia Introduces COVID-19 and Illness and Injury Paid Leave

On May 20, 2021, the Government of British Columbia passed Bill 13, which amended the Employment Standards Act to provide an employee with paid leave if he or she needs to stay home for reasons related to COVID-19. The bill...more

Bennett Jones LLP

Infectious Disease Emergency Leave Does Not Shield an Employer From Constructive Dismissal at Common Law

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A recent decision of the Ontario Superior Court has dealt yet another blow to employers in the wake of the ongoing COVID-19 pandemic. The decision of Justice D.A. Broad in Coutinho v Ocular Health Centre, released April 27,...more

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14 Key Developments in Canadian Labour & Employment Law in 2020

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As we entered a new decade in 2020, Canada saw significant developments in labour and employment law, some of which related to COVID-19.  This Insight provides an overview of 14 key 2020 developments, with links to more...more

Blake, Cassels & Graydon LLP

Ontario Extends Deemed Infectious Disease Emergency Leave to July 2021

On December 17, 2020, the Government of Ontario announced that the Infectious Disease Emergency Leave regulation will be extended to July 3, 2021. The regulation was previously set to expire on January 2, 2021. ...more

Blake, Cassels & Graydon LLP

Nouvelle année, nouvelles règles : Entrée en vigueur de modifications à certains congés familiaux en janvier 2021

L’Assemblée nationale du Québec a récemment adopté le projet de loi no 51, Loi visant principalement à améliorer la flexibilité du régime d'assurance parentale afin de favoriser la conciliation famille-travail (la « Loi »)....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Government Extends COVID-19 Period Until July 3, 2021

The Ontario government recently enacted Ontario Regulation 228/20, which created an “infectious disease emergency leave” for employees who are off work due to COVID-19. As a result of a very recent regulation, Ontario...more

Blake, Cassels & Graydon LLP

New Year, New Rules: Changes to Certain Family-Related Leaves of Absence to Take Effect January 2021

Quebec’s National Assembly recently enacted Bill 51, An Act mainly to improve the flexibility of the parental insurance plan in order to promote family-work balance (Act). The Act promotes family-work balance and the sharing...more

Blake, Cassels & Graydon LLP

Ontario : Prolongement du congé spécial en raison d’une maladie infectieuse jusqu’en 2021

Le 3 septembre 2020, le gouvernement de l’Ontario a annoncé que le règlement intitulé Congé spécial en raison d’une maladie infectieuse, qui prévoit que les employés faisant l’objet d’une mise à pied temporaire en raison de...more

Blake, Cassels & Graydon LLP

Deemed Infectious Disease Emergency Leave Extended to 2021

On September 3, 2020, the Government of Ontario announced that the Infectious Disease Emergency Leave regulation, which deemed employees who were placed on a temporary layoff due to COVID-19 to be on a job-protected leave of...more

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Bill 195 and the End of COVID-19 Declared Emergency Leave in Ontario, Canada: What it Means for Temporary Layoffs and Deemed Leave

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On July 24, 2020, Ontario’s new Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, became law. In accordance with Bill 195, Ontario’s Emergency Declaration has ended (subject to the provincial...more

Blake, Cassels & Graydon LLP

Le gouvernement de l’Ontario instaure un congé réputé, lié à la COVID-19

Le 29 mai 2020, le gouvernement de l’Ontario a adopté le Règlement de l’Ontario 228/20 (le « Règlement »), qui élargit la portée du congé spécial en raison d’une maladie infectieuse prévu aux termes de la Loi de 2000 sur les...more

Blake, Cassels & Graydon LLP

Ontario Introduces Deemed Leave of Absence in Connection with COVID-19

On May 29, 2020, the Government of Ontario enacted O. Reg 228/20, which expanded the scope of the Infectious Disease Emergency Leave under the Employment Standards Act, 2000 (ESA). The key elements of the regulation are...more

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Canada: Cross-Country Review of New Leaves of Absence Created in Response to the COVID-19 Crisis

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In response to the COVID-19 crisis, the governments of a number of jurisdictions in Canada have amended their employment standards legislation to entitle employees to emergency unpaid job-protected leave when they are unable...more

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Canadian Employers and the Coronavirus

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At the time this Insight was prepared, there were eight reported cases of the coronavirus in Canada; three are in Ontario and five in British Columbia.  The first of these cases was confirmed on January 25 and the last was...more

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