Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
On March 28, 2022, British Columbia introduced Bill 19 - 2022, Employment Standards Amendment Act, 2022 (Bill 19) for first reading, and the Bill received Royal Assent on March 31, 2022. Bill 19 made the following amendments to the ESA:
“Calendar Year” to Replace “Employment Year”
Previously, section 49.1 of the ESA entitled an eligible employee to eight personal illness or injury leave days, five paid and three unpaid, “in each employment year.”
Bill 19 amends section 49.1 so that the employee’s entitlement to the eight personal illness or injury leave days will be “in each calendar year.”
When Employment is Covered by a Collective Agreement
Collective Agreement Contains Provisions Respecting Paid Personal Illness or Injury Leave
Previously, the ESA provided at section 3(2) that if a collective agreement (CA) contained any provisions governing paid personal illness or injury leave, and the provisions, when considered together, meet or exceed the collective requirements of sections 49.1 (1) (a), (3) and (4) of the ESA, those CA provisions replace the requirements of those ESA sections for employees covered by the CA.
Bill 19 amends section 3(2) of the ESA so that the paid personal illness or injury leave requirements set out in sections 49.1 (1) (a), (3) and (4) of the ESA, will be the minimum requirements that apply in respect of employees covered by a CA, even if the CA contains provisions that, when considered together, meet or exceed those requirements.
Collective Agreement Contains No Provisions Respecting Paid Personal Illness or Injury Leave
Previously, the ESA further provided at section 3(3) that if a CA contains no provisions respecting paid personal illness or injury leave, or contains provisions relating to such leave that, when considered together, do not meet or exceed the requirements of sections 49.1 (1) (a), (3) and (4) of the ESA, the ESA requirements are deemed to be incorporated into the CA as part of its terms.
Bill 19 amends section 3(3) of the ESA so that the ESA requirements of sections 49.1 (1) (a), (3) and (4) of the ESA, are not deemed to be incorporated into the CA in the described circumstances.
Bill 19 came into force on the date of Royal Assent.
