2020 Legislative Session: 5th Session, 41st Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE HARRY BAINS

MINISTER OF LABOUR

BILL 5 – 2020

EMPLOYMENT STANDARDS AMENDMENT ACT, 2020

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

SECTION 1: [Employment Standards Act,

section 52.5] provides for paid leave in relation to domestic or sexual violence.

Section 52.5 of the Employment Standards Act, R.S.B.C. 1996, c. 113, is amended

(

a) by repealing subsection (4) and substituting the following:

(4) If an employee requests leave under subsection (3), the employee is entitled

during each calendar year to

(

a) up to 5 days of paid leave,

(

b) up to 5 days of unpaid leave, and

(

c) up to 15 weeks of additional unpaid leave.

(4.1) A leave under subsection (4) (

a) or (

b) may be taken by the employee in one or more units of time. ,

(

b) in subsection (5) by striking out " subsection (4) (b) " and substituting " subsection (4) (c) ", and

(

c) by adding the following subsections:

(5.1) Subject to subsection (5.2), an employer must pay an employee who takes leave under subsection (4) (

a) an amount in money equal to at least the amount calculated by multiplying the period of the leave and the average day’s pay determined by the formula

amount paid ÷ days worked

where

amount paid

is the amount paid or payable to the employee for work that is done during and wages that are earned within the 30 calendar day period preceding the leave, including vacation pay that is paid or payable for any days of vacation taken within that period, less any amounts paid or payable for overtime, and

days worked

is the number of days the employee worked or earned wages within that 30 calendar day period.

(5.2) An employer must pay an employee in a prescribed circumstance who takes leave under subsection (4) (

a) an amount in money equal to at least the amount calculated in accordance with the regulations.

SECTION 2: [Employment Standards Act,

section 127] is consequential to amendments made by this Bill to

section 52.5 of the Act.

Section 127 (2) is amended by adding the following paragraph:

(u.1) for the purposes of

section 52.5 (5.2),

(

i) specifying circumstances, and

(ii) respecting calculation of minimum amounts, which regulations may be different for different circumstances; .

Commencement

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

Explanatory Notes

SECTION 1: [Employment Standards Act,

section 52.5] provides for paid leave in relation to domestic or sexual violence.

SECTION 2: [Employment Standards Act,

section 127] is consequential to amendments made by this Bill to

section 52.5 of the Act.

Copyright (

c) Queen's Printer, Victoria, British Columbia, Canada