British Columbia Bill 13 (Government) — 2nd Parliament, 42nd Session — Previous Version 1
2-42 Gov Bill 13-1
British Columbia — Bills
2nd Session, 42nd Parliament
(2021) 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 13 – 2021
EMPLOYMENT STANDARDS AMENDMENT ACT (No. 2), 2021
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 3] adds paid personal illness or injury as a matter in respect of which a collective agreement that meets or exceeds the requirements in
section 49.1 replaces the requirements in that section.
Section 3 of the Employment Standards Act, R.S.B.C. 1996, c. 113, is amended
(
a) in the table in subsection (2) and in the table in subsection (3) by adding the following as indicated after the entry respecting statutory holidays:
Column 1
Matter
Column 2
Part or
Section
Paid personal illness or injury leave
Section 49.1 (1) (a), (3) and (4)
, and
(
b) in subsection (6) by striking out "
Part 6 [leaves and jury duty] ; " and substituting "
Part 6 [leaves and jury duty] except for
section 49.1 (1) (a), (3) and (4) [paid personal illness or injury leave] ; ".
SECTION 2: [Employment Standards Act,
section 49.1]
adds an entitlement for employees to paid leave for personal illness or injury for up to the prescribed number of days;
sets out how the amount to be paid to employees is calculated.
Section 49.1 is amended
(
a) by repealing subsection (1) and substituting the following:
(1) After 90 consecutive days of employment with an employer, an employee, for personal illness or injury, is entitled, in each employment year, to
(
a) paid leave for up to the number of days prescribed, and
(
b) unpaid leave for up to 3 days. , and
(
b) by adding the following subsections:
(3) Subject to subsection (4), an employer must pay an employee who takes leave under subsection (1) (
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, where the average day's pay is 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.
(4) An employer must pay an employee in a prescribed circumstance who takes leave under subsection (1) (
a) an amount in money equal to at least the amount calculated in accordance with the regulations.
SECTION 3: [Employment Standards Act,
section 52.121]
adds a
section that entitles employees who are on leave under
section 51.12 to paid leave if specified circumstances apply;
sets out how the amount to be paid to employees is calculated.
3 The following
section is added:
COVID-19-related paid leave
52.121
(1) In this section;
"applicable period" means the period described in
section 52.12 (3);
"eligibility period" means the period that begins on the date this
section comes into force and ends on December 31, 2021.
(2) Subject to subsection (3), despite an employee being entitled under
section 52.12 (2) only to unpaid leave during the applicable period, an employee who is on leave under
section 52.12 (2) (a), (
b) or (
c) is entitled, on request under this section, to paid leave for a period of that leave of up to 3 days.
(3) An employee is entitled to paid leave under this
section of up to 3 days during the eligibility period.
(4) Subject to subsection (5), an employer must pay an employee who takes leave under this
section an amount in money equal to at least the amount calculated by multiplying the period of the leave and the average day's pay, where the average day's pay is 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) An employer must pay an employee in a prescribed circumstance who takes leave under this
section an amount in money equal to at least the amount calculated in accordance with the regulations.
(6) If a collective agreement contains any provisions respecting paid leave that apply to a circumstance described in
section 52.12 (2) (a), (
b) or (c), and the provisions, when considered together, meet or exceed the requirements, when considered together, of this section, those provisions of the collective agreement replace the requirements of this
section in respect of employees covered by the collective agreement.
(7) If a collective agreement contains no provisions respecting paid leave that apply to a circumstance described in
section 52.12 (2) (a), (
b) or (c), or contains any provisions respecting paid leave that apply to those circumstances that, when considered together, do not meet or exceed the requirements, when considered together, of this section, this
section is deemed, while this
section is in force, to be incorporated in the collective agreement as part of its terms.
(8) This
section is repealed on December 31, 2021.
SECTION 4: [Employment Standards Act,
section 127]
is consequential to amendments made by
section 3 of this Bill;
adds a cross-reference.
Section 127 (2) (u.1) is amended by striking out "
section 52.5 (5.2) " and substituting " sections 52.121 (5), 52.13 (4) and 52.5 (5.2) ".
SECTION 5: [Employment Standards Act,
section 127] is consequential to amendments made by sections 2 and 3 of this Bill.
Section 127 (2) (u.1) is amended by striking out " sections 52.121 (5), 52.13 (4) and 52.5 (5.2) " and substituting " sections 49.1 (4), 52.13 (4) and 52.5 (5.2) ".
Commencement
6 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:
Item
Column 1
Provisions of Act
Column 2
Commencement
Anything not elsewhere covered by this table
The date of Royal Assent
Sections 1 and 2
January 1, 2022
Section 5
January 1, 2022
Explanatory Notes
SECTION 1: [Employment Standards Act,
section 3] adds paid personal illness or injury as a matter in respect of which a collective agreement that meets or exceeds the requirements in
section 49.1 replaces the requirements in that section.
SECTION 2: [Employment Standards Act,
section 49.1]
adds an entitlement for employees to paid leave for personal illness or injury for up to the prescribed number of days;
sets out how the amount to be paid to employees is calculated.
SECTION 3: [Employment Standards Act,
section 52.121]
adds a
section that entitles employees who are on leave under
section 51.12 to paid leave if specified circumstances apply;
sets out how the amount to be paid to employees is calculated.
SECTION 4: [Employment Standards Act,
section 127]
is consequential to amendments made by
section 3 of this Bill;
adds a cross-reference.
SECTION 5: [Employment Standards Act,
section 127] is consequential to amendments made by sections 2 and 3 of this Bill.
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