Explanatory Notes

SECTION 1: [Employment Standards Act, section 1] adds a cross-reference to the definition of "week" for the purposes of compassionate care leave.

SECTION 2: [Employment Standards Act, section 52.1]

• defines "family member" for the purposes of compassionate care leave as a member of an employee's immediate family, as already defined by the Act, and a member of a prescribed class of individuals;
• adds compassionate care leave to other leaves afforded job protection under the Act, permitting employees to take up to 8 weeks' unpaid compassionate care leave to care for a family member, if a medical practitioner has certified that the family member is at significant risk of death within 26 weeks;
• requires the employee to provide a copy of the medical certificate to the employer as soon as practicable;
• limits the period during which compassionate care leave may be taken, stating when it may begin and when it ends;
• requires that compassionate care leave be taken in units of one or more weeks;
• permits employees to take further leave if the family member does not die within the original 26-week period.

SECTION 3: [Employment Standards Act, section 127] adds the authority to make regulations prescribing a class of individuals to be included in the definition of "family member" and prescribing a period other than 26 weeks during which compassionate care leave may be taken.

BILL 8 – 2006
EMPLOYMENT STANDARDS (COMPASSIONATE CARE LEAVE) AMENDMENT ACT, 2006

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

1 Section 1 (1) of the Employment Standards Act, R.S.B.C. 1996, c. 113, is amended in paragraph (b) of the definition of "week" by striking out "section 37," and substituting "sections 37 and 52.1,".

2 The following section is added:

Compassionate care leave

52.1 (1) In this section, "family member" means

(a) a member of an employee's immediate family, and

(b) any other individual who is a member of a prescribed class.

(2) An employee who requests leave under this section is entitled to up to 8 weeks of unpaid leave to provide care or support to a family member if a medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks, or such other period as may be prescribed, after

(a) the date the certificate is issued, or

(b) if the leave began before the date the certificate is issued, the date the leave began.

(3) The employee must give the employer a copy of the certificate as soon as practicable.

(4) An employee may begin a leave under this section no earlier than the first day of the week in which the period under subsection (2) begins.

(5) A leave under this section ends on the last day of the week in which the earlier of the following occurs:

(a) the family member dies;

(b) the expiration of 26 weeks or other prescribed period from the date the leave began.

(6) A leave taken under this section must be taken in units of one or more weeks.

(7) If an employee takes a leave under this section and the family member to whom subsection (2) applies does not die within the period referred to in that subsection, the employee may take a further leave after obtaining a new certificate in accordance with subsection (2), and subsections (3) to (6) apply to the further leave.

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

(s) prescribing a class of individuals for the purposes of the definition of "family member" under section 52.1 (1);

(t) prescribing a period for the purposes of section 52.1 (2).

Commencement

4 This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

SECTION 1: [Employment Standards Act, section 1] adds a cross-reference to the definition of "week" for the purposes of compassionate care leave.

SECTION 2: [Employment Standards Act, section 52.1]

• defines "family member" for the purposes of compassionate care leave as a member of an employee's immediate family, as already defined by the Act, and a member of a prescribed class of individuals;
• adds compassionate care leave to other leaves afforded job protection under the Act, permitting employees to take up to 8 weeks' unpaid compassionate care leave to care for a family member, if a medical practitioner has certified that the family member is at significant risk of death within 26 weeks;
• requires the employee to provide a copy of the medical certificate to the employer as soon as practicable;
• limits the period during which compassionate care leave may be taken, stating when it may begin and when it ends;
• requires that compassionate care leave be taken in units of one or more weeks;
• permits employees to take further leave if the family member does not die within the original 26-week period.

SECTION 3: [Employment Standards Act, section 127] adds the authority to make regulations prescribing a class of individuals to be included in the definition of "family member" and prescribing a period other than 26 weeks during which compassionate care leave may be taken.