March 17, 2020

            The Lieutenant Governor in Council makes the Employment Standards (COVID-19 Leave) Regulation set out in the attached Appendix.

For Information only

Recommended by:          Minister of Labour and Immigration

Authority:                             Employment Standards Code
                                                (section 138)


Employment Standards Code


Table of Contents

                1       Definitions

                2       Variance and exemption re leave

                3       Exemption re notice to return to work

                4       Extension of leave

                5       Commencement


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. 


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