Vaccination efforts across the country have ramped up significantly. A number of provinces have recently amended existing legislation to allow employees paid time off to receive their COVID-19 vaccine. We provide you with a brief summary of these legislative amendments.

Province

Legislation Paid Time Off

Other Relevant Information

British Columbia s. 52.13 of the Employment Standards Act, R.S.B.C. 1996, c. 113

Up to three hours of paid leave for each request made for leave for the COVID-19 vaccine.

 

  • The employer can request reasonably sufficient proof that the employee is entitled to the leave.
  • The employer must not request and the employee need not provide a medical note for the purposes of requesting the leave.

 

Alberta

s. 53.9821 of the

Employment Standards Act, R.S.B.C. 1996, c. 113

Up to three consecutive hours of paid leave for each dose of the COVID-19 vaccine or any longer period if, in the opinion of the employer, the circumstances warrant it.
  • The employee must give as much notice as possible before taking the leave.
  • The employer can request reasonably sufficient proof that the employee is entitled to the leave (the employee is not required to provide a medical certificate or an immunization record).

We refer you to our legal update on the topic for more information.

Saskatchewan s. 6-22.1 of the Occupation Health and Safety Regulations, RRS c S-15.1 Reg 10 Three consecutive hours or any longer period if, in the opinion of the employer, the circumstances warrant it.
Manitoba Bill 73 amends the Employment Standards Code, C.C.S.M. c. E110 (s. 59.13)

Up to a maximum of three hours for each time the employee is vaccinated.

 

  • The employee must give as much notice as possible before taking the leave.
  • The employer can request proof that the employee is entitled to the leave
Ontario ss. 50.1 and following of the Employment Standards Act, 2000, SO 2000, c41

Employees will have up to three days of paid leave (up to $200 per day) because of certain reasons related to COVID-19, including receiving a vaccine against COVID-19 (certain exceptions apply).

 

  • The employee must advise his/her employer that he/she will be taking the leave.
  • The employer can request proof that the employee is entitled to the leave (but cannot require a certificate from a qualified health professional).
  • Employers will be required to request reimbursement from the Ontario government for the employee’s sick days.

We refer you to our blog on the topic for more information.

Nova Scotia

COVID-19 Sick Leave Program

 

Employees who can’t work remotely and miss less than 50% of their scheduled work time in a 1-week period due to COVID-19, which includes going to get vaccinated, may be eligible for up to four sick days (up to $20 per hour or $160 per day)
  • Employers will be required to request reimbursement from the Nova Scotia government for the employee’s sick days.
Prince Edward Island COVID-19 Special Leave Fund Employees without a paid sick leave program at work and who miss less than 50% of their scheduled work time in a 1-week period due to COVID-19, which includes attending a COVID-19 vaccination appointment, may be eligible for up to three sick days on up to two separate occasions (up to $20 per hour or $160 per day)
  • Employers will need to apply for funding.

 

Note that a private member’s bill was introduced in Quebec allowing employees to be absent for a minimum of four consecutive hours, with no reduction in pay; this bill has not passed first reading.

Changes to legislation allowing employees to receive paid time-off in order to get vaccinated against COVID-19 have developped rapidly in recent weeks. We will keep you updated on any new development, including whether similar amendments are adopted in other provinces.

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