Human Resources Legislative Update

Federal Government Tables New COVID-19 Leaves Under the Canada Labour Code

Human Resources Legislative Update

Federal Government Tables New COVID-19 Leaves Under the Canada Labour Code

Date: November 26, 2021

On November 24, 2021, the federal government tabled Bill C-2, An Act to provide further support in response to COVID-19.

Among other things, if passed, Bill C-2 would reintroduce COVID-19 leaves of absence (repealed on November 20, 2021), as amended, under the Canada Labour Code (Code).

Under Bill C-2, the new COVID-19 leaves would provide:

  • up to six weeks (or a number fixed by way of regulation) if the employee is unable to work because:
    • they contracted or might have contracted COVID-19,
    • they have underlying conditions, are undergoing treatments or have contracted other sicknesses that, in the opinion of a prescribed person or authority, would make them more susceptible to COVID-19, or
    • they have isolated themselves on the advice of a prescribed person or authority for reasons related to COVID-19
  • up to 44 weeks (or such other number fixed by way of regulation) if the employee is unable to work for a range of conditions relating to the care of a child or a family member who requires supervised care for reasons related to COVID-19.

A range of consequential amendments to the Code relating to this leave would also be made.

Editor’s Note: Bill C-2 received Royal Assent on December 17, 2021. The COVID-19 leaves came into force on that date and will be repealed on May 7, 2022.