O.C. 181/2020

A.R. 95/2020

June 17, 2020

            The Lieutenant Governor in Council makes the Employment Standards (COVID-19 Leave) Amendment 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


1   The Employment Standards (COVID-19 Leave) Regulation (AR 29/2020) is amended by this Regulation.

2   The following is added after section 4:

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(6)  This section is repealed on August 14, 2021.   

3   This Regulation has effect on August 15, 2020.