HONOURABLE HARRY BAINS
MINISTER OF LABOUR

BILL 6 – 2018

EMPLOYMENT STANDARDS AMENDMENT ACT, 2018

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 50 of the Employment Standards Act, R.S.B.C. 1996, c. 113, is amended

(a) by repealing subsections (1) and (2) and substituting the following:

(1) A pregnant employee who requests leave under this subsection is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins

(a) no earlier than 13 weeks before the expected birth date, and

(b) no later than the actual birth date

and ends no later than 17 weeks after the leave begins.

(1.1) An employee who requests leave under this subsection after giving birth to a child is entitled to up to 17 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the birth and ends no later than 17 weeks after that date.

(2) An employee who requests leave under this subsection after the termination of the employee's pregnancy is entitled to up to 6 consecutive weeks of unpaid leave, which must be taken during the period that begins on the date of the termination of the pregnancy and ends no later than 6 weeks after that date. ,

(b) in subsection (3) by adding "who requests leave under this subsection" after "employee", by striking out "she" and "her" and substituting "the employee" in both places and by striking out "subsection (1)" and substituting "subsection (1), (1.1)", and

(c) by repealing subsection (5) and substituting the following:

(5) If an employee on leave under subsection (1) or (1.1) proposes to return to work earlier than 6 weeks after giving birth to the child, the employer may require the employee to give the employer a medical practitioner's or nurse practitioner's certificate stating the employee is able to resume work.

2 Section 51 is amended

(a) in subsection (1) by striking out "parental leave under this section" and substituting "leave under paragraph (a), (b) or (d) of this subsection",

(b) in subsection (1) (a) by striking out "35 consecutive weeks of unpaid leave beginning immediately after the end of the leave taken under section 50 unless the employer and employee agree otherwise," and substituting "61 consecutive weeks of unpaid leave, which must begin, unless the employer and employee agree otherwise, immediately after the end of the leave taken under section 50,",

(c) in subsection (1) (b) by striking out "37 consecutive weeks of unpaid leave beginning after the child's birth and within 52 weeks after that event" and substituting "62 consecutive weeks of unpaid leave, which must begin within 78 weeks after the birth of the child or children",

(d) by repealing subsection (1) (d) and substituting the following:

(d) for an adopting parent, up to 62 consecutive weeks of unpaid leave, which must begin within 78 weeks after the child or children are placed with the parent. ,

(e) in subsection (2) by striking out "the employee" and substituting "an employee who requests leave under this subsection",

(f) in subsection (3) (b) by striking out "subsection (1) (a), (b) or (c)," and substituting "subsection (1) (a) or (b),", and

(g) in subsection (4) by striking out "52 weeks" and substituting "78 weeks".

3 Section 52.1 is amended

(a) in subsection (2) by striking out "8 weeks" and substituting "27 weeks",

(b) in subsection (5) (b) by striking out "26 weeks or other prescribed period" and substituting "52 weeks", and

(c) in subsection (7) by striking out "referred to in that subsection," and substituting "referred to in subsection (5) (b),".

4 The following sections are added:

Leave respecting disappearance of child

52.3  (1) In this section and section 52.4:

"child" means a person under 19 years of age;

"crime" means an offence under the Criminal Code other than an offence prescribed by the regulations made under section 209.4 (f) of the Canada Labour Code.

(2) If a child of an employee disappears and it is probable, in the circumstances, that the child's disappearance is a result of a crime, and the employee requests leave under this section, the employee is entitled to unpaid leave for a period of up to 52 weeks.

(3) If an employee is charged with a crime that resulted in the disappearance of the employee's child, the employee is not entitled, or, if already on leave, is no longer entitled, to leave under subsection (2).

(4) A leave under subsection (2) must be taken during the period that starts on the date the child disappears and ends on the date that is 53 weeks after the date the child disappears.

(5) A leave under subsection (2) may be taken by the employee in

(a) one unit of time, or

(b) more than one unit of time, with the employer's consent.

(6) Despite subsection (4), a leave under subsection (2) ends on the earliest of the following dates, if any apply:

(a) the date on which circumstances indicate it is no longer probable that the child's disappearance is a result of a crime;

(b) the date the employee is charged with a crime that resulted in the disappearance of the child;

(c) the date that is 14 days after the date on which the child is found alive;

(d) the date on which the child is found dead;

(e) the date that is the last day of the last unit of time in respect of which the employer consents under subsection (5) (b).

(7) If requested by the employer, the employee must, as soon as practicable, provide to the employer reasonably sufficient proof that the employee's child has disappeared in circumstances in which it is probable the disappearance is a result of a crime.

Leave respecting death of child

52.4  (1) If a child of an employee dies and the employee requests leave under this section, the employee is entitled to unpaid leave for a period of up to 104 weeks.

(2) If an employee is charged with a crime that resulted in the death of the employee's child, the employee is not entitled, or, if already on leave, is no longer entitled, to leave under this section.

(3) A leave under subsection (1) must be taken during the period that starts

(a) on the date the child dies, or

(b) on the date the child is found dead, in the case of the child disappearing before the child dies,

and ends on the date that is 105 weeks after the date referred to in paragraph (a) or (b), as applicable.

(4) A leave under subsection (1) may be taken by the employee in

(a) one unit of time, or

(b) more than one unit of time, with the employer's consent.

(5) Despite subsection (3), a leave under subsection (1) ends on the earlier of the following dates, if any apply:

(a) the date the employee is charged with a crime that resulted in the death of the child;

(b) the date that is the last day of the last unit of time in respect of which the employer consents under subsection (4) (b).

(6) If requested by the employer, the employee must, as soon as practicable, provide to the employer reasonably sufficient proof that the employee's child is dead.

 
Transitional Provisions

Transition – maternity leave

5  (1) In this section:

"current section 50" means section 50 of the Employment Standards Act as it reads on the date this section comes into force;

"eligible employee" means an employee who is pregnant with a child who has an expected birth date between 11 and 21 weeks after the date this section comes into force;

"previous section 50" means section 50 of the Employment Standards Act as it read on the date immediately before the date this section comes into force.

(2) If, on the date this section comes into force, an eligible employee who has not requested leave under subsection (1) of previous section 50 proposes to begin leave between 11 and 13 weeks before the expected birth date of the child,

(a) subsection (4) (b) of current section 50 does not apply to a request for that leave, and

(b) the eligible employee must give the written request for that leave to the employer as soon as practicable.

(3) If, on the date this section comes into force, an eligible employee

(a) has requested leave under subsection (1) of previous section 50 but has not yet begun the leave, and

(b) proposes to begin the leave between 11 and 13 weeks before the expected birth date of the child,

current section 50 applies with respect to the leave, except that the employee's request for leave under subsection (1) of previous section 50 is deemed to be a request for leave under subsection (1) of current section 50, made in compliance with subsection (4) (b) of current section 50.

(4) If, on the date this section comes into force, an employee is on leave under subsection (2) of previous section 50 in relation to the birth of the child, current section 50 applies with respect to the leave, except that the employee is entitled to up to 17 consecutive weeks of leave as set out in subsection (1.1) of current section 50, minus the period of time already taken under subsection (2) of previous section 50.

Transition – parental leave

6  (1) In this section:

"current section 51" means section 51 of the Employment Standards Act as it reads on the date this section comes into force;

"eligible employee" means an employee who is

(a) a parent of a child or children born on or after December 3, 2017, or

(b) an adopting parent of a child or children placed with the adopting parent on or after December 3, 2017;

"previous section 51" means section 51 of the Employment Standards Act as it read on the date immediately before the date this section comes into force.

(2) If, on the date this section comes into force, an eligible employee has requested leave under subsection (1) of previous section 51 in relation to the birth or adoption of the child or children referred to in the definition of "eligible employee", but has not yet begun the leave, current section 51 applies with respect to the leave.

(3) If, on the date this section comes into force, an eligible employee described in paragraph (a) of the definition of "eligible employee" is on leave under subsection (1) (a) of previous section 51 in relation to the birth of the child or children referred to in paragraph (a) of the definition of "eligible employee", current section 51 applies with respect to the leave, except that the eligible employee is entitled to up to 61 consecutive weeks of leave as set out in subsection (1) (a) of current section 51, minus the period of time already taken under subsection (1) (a) of previous section 51.

(4) If, on the date this section comes into force, an eligible employee is on leave under subsection (1) (b) or (d) of previous section 51 in relation to the birth or adoption of the child or children referred to in paragraph (a) or (b) of the definition of "eligible employee", current section 51 applies with respect to the leave, except that the eligible employee is entitled to up to 62 consecutive weeks of leave, as set out in subsection (1) (b) or (d), as applicable, of current section 51, minus the period of time already taken under subsection (1) (b) or (d), as applicable, of previous section 51.

Transition – compassionate care leave

7  (1) In this section:

"current section 52.1" means section 52.1 of the Employment Standards Act as it reads on the date this section comes into force;

"previous section 52.1" means section 52.1 of the Employment Standards Act as it read on the date immediately before the date this section comes into force.

(2) If, on the date this section comes into force, in respect of a family member who is still alive, an employee

(a) is on leave under subsection (2) or (7) of previous section 52.1,

(b) has requested leave under subsection (2) or (7) of previous section 52.1 but has not yet begun the leave, or

(c) has taken leave under subsection (2) or (7) of previous section 52.1 and 52 weeks or less has passed since the date the leave began,

current section 52.1 applies with respect to the leave, except that

(d) the employee is entitled to up to 27 weeks, as set out in subsection (2) or (7), as applicable, of current section 52.1, minus the period of time, if any, already taken under subsection (2) or (7), as applicable, of previous section 52.1, and

(e) if the employee has obtained and provided to the employer a certificate under subsection (2) or (7), as applicable, of previous section 52.1, the employee is not required to obtain and provide to the employer a certificate under subsection (2) or (7), as applicable, of current section 52.1.

Commencement

8  This Act comes into force on the date of Royal Assent.