2016 Legislative Session: 5th Session, 40th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MS. MAURINE KARAGIANIS

BILL M 220 – 2016

EMPLOYMENT STANDARDS (DOMESTIC VIOLENCE LEAVE) AMENDMENT ACT, 2016

This Bill ensures that individuals who are victimized at home will not be penalized at work as well. This Bill amends the

Employment Standards Act to provide leave for victims of domestic or sexual violence. It also makes provision for altering work hours or conditions

to help keep employees safe. This legislation will allow victims to access emergency services which might only operate during

regular work hours.

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as

follows:

1 The Employment Standards Act, R.S.B.C. 1996, c.113, is amended by adding the following section:

Escaping Domestic Violence Leave

52.3

(1) In this section:

"domestic violence" means

(

a) an act of abuse between an individual and a current or former intimate partner, between an individual and a child who

resides with the individual, or between an individual and an adult who resides with the individual and who is related to the

individual by blood, marriage, foster care or adoption, whether the abuse is physical, sexual, emotional or psychological,

and may include

an act of coercion, stalking, harassment or financial control, or

(

b) a threat or attempt to do

an act described in paragraph (a);

"intimate partner" includes a spouse, boyfriend or girlfriend, dating partner, sexual partner or an individual with whom one has a relationship

similar to the relationships enumerated in this definition;

"sexual violence" means any conduct of a sexual nature or act targeting an individual's sexuality, gender identity or gender expression that

is committed, threatened or attempted against an individual without the individual's consent, and includes sexual assault,

sexual harassment, stalking, indecent exposure, voyeurism, sexual exploitation and sexual solicitation, and may include an

act that occurs online or in the context of domestic or intimate partner relationships.

(2) An employee who requests leave under this

section is entitled to up to 10 days of paid leave and up to 17 weeks of unpaid

leave if an employee or the employee's child has experienced domestic violence or sexual violence.

(3) Subsection (2) does not apply with respect to domestic violence or sexual violence committed by the employee.

(4) An employee is only entitled to a leave under subsection (2) if the employee uses the leave for one or more of the following

purposes:

(

a) to seek medical attention for the employee or the employee's child in respect of a physical or psychological injury or

disability caused by the violence;

(

b) to obtain services for the employee or the employee's child in respect of the violence from a victim services organization,

domestic violence shelter, rape crisis centre, sexual assault centre or other social services program or community agency;

(

c) to obtain psychological or other professional counselling for the employee or the employee's child in respect of the

violence;

(

d) to relocate temporarily or permanently for the purpose of making future violence against the employee or the employee's

child less likely;

(

e) to seek legal or law enforcement assistance for the employee or the employee's child, including preparing for or participating

in any civil, criminal or administrative proceeding related to or resulting from the violence;

(

f) to do anything else prescribed by the regulations.

(5) If an employee requires variation of their assigned work as a result of domestic violence, the employer shall accommodate

the employee's need unless it would cause the employer undue hardship, considering the cost, outside sources of funding, and

health and safety requirements. The variation required could be:

(

a) the employee needs to work at a place of work other than where the employer has assigned the employee;

(

b) the employee needs fewer hours of work;

(

c) or the employee needs to work at different times than the employer has assigned the employee.

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

(

v) relating to the administration of leave under

section 52.3.

Explanatory Note

This Bill ensures that individuals who are victimized at home will not be penalized at work as well. This Bill amends the

Employment Standards Act to provide leave for victims of domestic or sexual violence. It also makes provision for altering work hours or conditions

to help keep employees safe. This legislation will allow victims to access emergency services which might only operate during

regular work hours.

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