The Province is beefing up job protection laws for workers with a serious illness or injury under a proposed amendment to the Employment Standards Act.

Following the changes, working people will be able to take as many as 27 weeks of unpaid, job-protected leave within a 12-month period to undergo medical treatment and recovery.

The amendment will bring British Columbia’s protections up to the standard that is already in place in other jurisdictions in Canada, including Manitoba, Ontario, Quebec, Nova Scotia and Newfoundland and Labrador. It also aligns with financial supports provided by the federal Employment Insurance Sickness Benefits program.

Currently, there are no provisions under the act that provide long-term job-protected leave for employees who are unable to work due to their own serious illness or injury. While workers who experience long-term illness or disability have existing legal protections against discrimination under the B.C. Human Rights Code, the proposed changes will ensure that the protection is built into the Employment Standards Act. 

The protection will apply to all workers covered by the Employment Standards Act who have a serious personal illness or injury and who are unable to work for at least one week. The leave can be taken in multiple periods, not just one continuous leave, to make sure that workers requiring treatment, such as chemotherapy, or who suffer from episodic diseases, such as multiple sclerosis, have the time they need.

To access the entitlement, employees must obtain a medical certificate from a doctor or nurse practitioner stating that they are unable to work due to medical reasons and the dates during which leave is required.

According to the Canadian Society of Professionals in Disability Management, at any time, 8% to 12% of the workforce in Canada is off work due to injury and receiving workers’ compensation, long-term disability or weekly benefits.