Written by: Sara Hanson
Early Wednesday morning, March 25, 2020, the House of Commons passed Bill C-13, An Act respecting certain measures in response to COVID-19, which includes a number of important changes for Canadian workers affected by COVID-19.
Part 2 of Bill C-13 enacts the Canada Emergency Response Benefit Act, which authorizes income support payments to workers who suffer from a loss of income for reasons related to COVID-19, but do not qualify for employment insurance. In order to qualify for this benefit, workers must be at least 15 years old, and have earned at least $5,000 in the last 12-months from employment, self-employment, pregnancy or parental benefits under the Employment Insurance Act, or other parental benefits paid under a provincial plan.
Workers who meet this requirement can apply for the income support payment for any four-week period if they cease working for reasons related to COVID-19 for at least 14 consecutive days within the four-week period, and as long as they do not receive any income from employment, self-employment, benefits under the Employment Insurance Act or any other pregnancy or parental benefits during the 14 day period. This benefit is not available to workers who voluntarily quit their job.
The amount of this taxable benefit is determined by regulation, but is currently set at $2,000 per month for up to four months. You can read more about the Canada Emergency Response Benefit on the Government of Canada’s website, which says the portal for accessing these this benefit will be available in early April. However, if you have lost your job and are eligible for employment insurance, you should apply for EI benefits.
Part 10 of Bill C-13 also amends Part III of the Canada Labour Code (the “Code”) to provide federally regulated employees with a leave of absence from employment of up to 16 weeks “if the employee is unable or unavailable to work for reasons related to the coronavirus disease 2019 (COVID-19).” While Bill C-13 does not define “reasons related” to COVID-19, it is arguable that this would include personal illness related to COVID-19, as well as the need to care for an ill child or family member, or to the need to provide child care due to school or daycare closures.
Amendments to the Code also protect employees’ jobs by prohibiting employers from dismissing, suspending, laying off, demoting or disciplining an employee who has taken or intends to take a COVID-related leave. Pension, health and disability benefits, and the seniority of an employee who is absent on COVID-related leave continue to accumulate during the entire period of leave. Employees on COVID-related leave are also entitled, on written request, to be informed in writing of every employment, promotion or training opportunity that arises while they are on leave.
Employees who require COVID-related leave must given written notice to their employer of the reasons for the leave and the length they intend to take, and an employer may require an employee to provide a written declaration in support of the reasons for the leave.
Section 239 of the Code has also been amended to provide every employee who is quarantined with a medical leave of absence from employment of up to 16 weeks.
Part 10 of Bill C-13 also amends other leave-related provisions under Part III of the Code. Until September 30, 2020, employees who need to take compassionate care leave, critical illness leave or medical leave (under ss. 206.3, 206.4 or 239) will not be required to provide a certificate from a health care practitioner.
The amendments to the Code also permit an employee to interrupt a vacation in order to take a COVID-related leave of absence.
These amendments apply to all federally regulated employees, including those who work in both unionized and non-unionized work places.
Finally, Part 18 of Bill C-13 provides that, until September 30, 2020, any provision of the Employment Insurance Act or related regulations that references a certificate issued by a medical doctor or other medical professional is deemed to be of no effect.
This blog is not legal advice, and intended to provide readers with timely information about the federal government’s responses to the COVID-19 pandemic. If you need advice about your specific situation, you should speak to a lawyer. The lawyers at Moore Edgar Lyster LLP can be reached here.