Long Overdue – New 18 Month Parental Leave Has Arrived
By: Michelle QuinnThis post was co-authored by Michelle Quinn and Nicole Mangan
The Trudeau government made good on its promise to extend parental leave from 12 to 18 months. Initially, this promise only applied to workers in federally regulated workplaces. However, on April 6, 2018, the BC Government introduced Bill 6, Employment Standards Amendment Act 2018 which will amend the BC Employment tandards Act (the “ESA”). Some of the proposed changes relate to maternity and parental leave. On May 17, 2018, Bill 6 came into force by Royal Assent. My colleague, Nicole Mangan, and I sum up these key legislative changes.
Expanded parental leave was announced as part of the 2017-2018 federal budget and news agencies are widely reporting on the changes. The BC’s NDP government followed suit and introduced Bill 6 which contains many amendments dealing with the ESA. The proposed legislative changes are now a reality. So, employers and employees in BC need to know the current state of the law.
The Law on Pregnancy and Parental Leave in BC
Pregnancy and parental leaves for provincially regulated employees in British Columbia are governed by the ESA. The ESA provides two different leaves that can be combined to create what people sometimes consider to be “one year” of “maternity leave”.
“Pregnancy leave” is one ESA provision that allows for up to 17 consecutive weeks of unpaid leave to an employee giving birth to a child. Previously, this leave had to commence no more than 11 weeks before the expected birth date and could not start any later than the actual birth date of the child. The amendment will now permit expecting mothers an entitlement to 13 weeks of leave before the expected birth.
Under the ESA, an employee is expected to provide a request in writing to their employer for this leave and that request should be made at least 4 weeks prior to the beginning of the proposed leave. Leave cannot, however, be denied simply because a written request was not made. Employers may also choose to request a certificate, from a medical practitioner or a nurse practitioner, documenting the expected or actual birth date.
“Parental leave” is a second ESA provision which allows for leaves of different durations depending on parents’ circumstances and whether “pregnancy leave” has been used in relation to the birth of the same child. Previously, a birth mother could take up to 35 weeks of parental leave if she used the “pregnancy leave”. If she didn’t, the available parental leave was 37 weeks. Birth fathers and adoptive parents could also take 37 weeks of parental leave that had to commence within 52 weeks of the child’s birth or placement. The new amendment permits new mothers to begin up to 61 additional consecutive weeks of parental leave immediately after their 17 week pregnancy leave. This will provide new mothers with a total possible leave of 78 weeks (18 months).
Changes to the ESA also affect nonbirth partners or adopting parents who are entitled up to 62 consecutive weeks of parental leave, within 78 weeks of the child’s birth or adoption.
If you have any questions about these legislative changes please contact either myself or Nicole Mangan at nmangan@rbs.ca.
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Many BC employers will have issued temporary layoffs to employees with the start of BC’s COVID-19 lock down in March. Soon after the start of the provincial lock down, the BC Government extended the temporary layoff period under the BC Employment Standards Act (ESA) from 13 weeks to 16 weeks for COVID-19 related layoffs. On June 26, 2020, the BC Government announced a further extension to 24 weeks expiring on August 30, 2020.
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We continue to receive many questions from employers and employees about terminations and lay-offs, so in this blog post we provide an overview of the key notice provisions in the BC Employment Standards Act (“ESA”) that may assist you during these uncertain times. The minimum notice periods identified in the ESA may be in the form of working notice or payment in lieu of notice. In particular, we take a look at rarely used section 65(1)(d) of the ESA which states that an employer is not required to provide notice of termination or pay in lieu of notice to its employees if it can prove that COVID-19 has been an “unforeseen circumstance” that has made continuing the employment contract “impossible”.
