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AR 29/2020 EMPLOYMENT STANDARDS (COVID-19 LEAVE) REGULATION

(Consolidated up to 136/2021)

ALBERTA REGULATION 29/2020

Employment Standards Code

EMPLOYMENT STANDARDS
(COVID-19 LEAVE) REGULATION

Table of Contents

                1       Definitions

                2       Variance and exemption re leave

                3       Exemption re notice to return to work

                4       Extension of leave

             4.1       Variance and exemption re family leave

                5       Commencement

Definitions

1   In this Regulation,

                                 (a)    “Chief Medical Officer” means the Chief Medical Officer of Health as may be appointed under the Public Health Act;

                                 (b)    “COVID-19” means COVID-19 as described or determined by the World Health Organization;

                                 (c)    “quarantine” includes any self‑isolation and self‑quarantine as a result of COVID‑19, as may be recommended or directed by the Chief Medical Officer.

Variance and exemption re leave

2(1)  Notwithstanding section 53.97 of the Act, and subject to section 4, an employee is entitled to unpaid leave for 14 consecutive days if the employee is under quarantine.

(2)  Notwithstanding section 53.97 of the Act, an employee under quarantine is exempt from


                                 (a)    the requirement to be employed for 90 days by the same employer, and

                                 (b)    the requirement to provide a medical certificate or a copy of a medical certificate to the employee’s employer.

(3)  Nothing in this section affects the right of an employee to the entitlement of 16 weeks unpaid leave in a calendar year for illness or injury under section 53.97 of the Act.

Exemption re notice to return to work

3   Notwithstanding sections 53.97 and 53.972 of the Act, an employee under quarantine is not required to give any written notice or any notice to the employer of the date the employee intends to return to work.

Extension of leave

4   The Minister may extend the leave referred to in section 2 if the Chief Medical Officer recommends that it is necessary

                                 (a)    to suppress COVID-19 in those who may already have been infected with it,

                                 (b)    to protect those who have not already been exposed to COVID-19, or

                                 (c)    to break the chain of transmission and prevent spread of COVID-19. 

Variance and exemption re family leave

4.1(1)  This section applies in substitution for section 53.982 of the Act with respect to an employee who has family responsibilities referred to in subsection (2).

(2)  An employee is entitled to unpaid leave for the period of time that is necessary to meet the employee’s family responsibilities in relation to

                                 (a)    a family member who is under quarantine as a result of COVID-19, or

                                 (b)    a child who is unable to attend school or child care services as a result of any recommendations or directions of the Chief Medical Officer with respect to COVID‑19.

(3)  Before taking a leave under this section, the employee must give the employer as much notice as is reasonable and practicable in the circumstances.

(4)  If the employer requests, an employee who takes a leave under this section must provide the employer with reasonable verification of the employee’s entitlement to the leave as soon as is reasonable and practicable in the circumstances.   

(5)  For the purposes of subsection (4), an employee is not required to provide a medical certificate as verification of the employee’s entitlement to the leave.  

(6)  Repealed AR 136/2021 s2.

AR 95/2020 s2;136/2021

Commencement

5   This Regulation is deemed to be effective on March 5, 2020.

AR 29/2020 s5