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COVID-19 Emergency Response Act (S.C. 2020, c. 5)

Full Document:  

Assented to 2020-03-25

PART 10R.S., c. L-2Canada Labour Code

Amendments to the Act

36 The Canada Labour Code is amended by adding the following after section 168:

Marginal note:Leave — entitlement without certificate

  • 168.1 (1) Despite any provision of this Part and the regulations made under this Part, an employee may exercise their entitlement to and shall be granted a leave of absence under section 206.3, 206.4 or 239 even if a certificate is not issued by a health care practitioner. The conditions and requirements in those sections with respect to such a certificate are deemed to be of no effect.

  • Marginal note:Documentation not required

    (2) Despite subsection 207.3(4), an employee is not required to provide the employer with any documentation referred to in that subsection in respect of a leave of absence taken under section 206.4.

  • Marginal note:Repeal

    (3) This section is repealed on September 30, 2020.

  • 37 (1) Subsection 187.1(1) of the Act is replaced by the following:

    Marginal note:Interruption

    • 187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1).

  • (2) Subsection 187.1(1) of the Act is replaced by the following:

    Marginal note:Interruption

    • 187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1).

  • (3) Subsection 187.1(3) of the Act is replaced by the following:

    • Marginal note:Application of subsection 239(7)

      (3) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239(1) or (1.1) and resumes the vacation immediately at the end of that leave, subsection 239(7) applies to them as if they did not resume the vacation before returning to work.

  • (4) Section 187.1 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Application of subsection 239.01(7)

      (3.1) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239.01(1) and resumes the vacation immediately at the end of that leave, subsection 239.01(7) applies to them as if they did not resume the vacation before returning to work.

  • (5) Subsection 187.1(3.1) of the Act is repealed.

  • 38 (1) Subsection 187.2(1) of the Act is replaced by the following:

    Marginal note:Postponement

    • 187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1), ends.

  • (2) Subsection 187.2(1) of the Act is replaced by the following:

    Marginal note:Postponement

    • 187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1), ends.

  • 39 (1) Subsection 206.1(2.1) of the Act is replaced by the following:

    • Marginal note:Extension of period

      (2.1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

  • (2) Subsection 206.1(2.1) of the Act is replaced by the following:

    • Marginal note:Extension of period

      (2.1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

  • (3) Subsection 206.1(2.4) of the Act is replaced by the following:

    • Marginal note:Interruption

      (2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

  • (4) Subsection 206.1(2.4) of the Act is replaced by the following:

    • Marginal note:Interruption

      (2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

  • (5) Subsection 206.1(4) of the Act is replaced by the following:

    • Marginal note:Exception — medical leave

      (4) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239(1) or (1.1).

  • (6) Section 206.1 of the Act is amended by adding the following after subsection (4):

    • Marginal note:Exception — leave related to COVID-19

      (4.1) Except to the extent that it is inconsistent with subsection 239.01(7), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239.01(1).

  • (7) Subsection 206.1(4.1) of the Act is repealed.

  • 40 (1) Subsection 207.02(1) of the Act is replaced by the following:

    Marginal note:Interruption

    • 207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1).

  • (2) Subsection 207.02(1) of the Act is replaced by the following:

    Marginal note:Interruption

    • 207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1).

  • (3) Subsection 207.02(3) of the Act is replaced by the following:

    • Marginal note:Exception — medical leave

      (3) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239(1) or (1.1).

  • (4) Section 207.02 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Exception — leave related to COVID-19

      (3.1) Except to the extent that it is inconsistent with subsection 239.01(7), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239.01(1).

  • (5) Subsection 207.02(3.1) of the Act is repealed.

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