Recent changes to employment standards may impact you

Recently, government made changes to the Employment Standards Act giving all workers in B.C. the right to protected, unpaid leave for serious personal illness or injury. This includes unionized workers covered under collective agreements.

As a result of these changes (under Section 49.01 of the Act), workers are entitled to a maximum of 27 weeks of unpaid leave within a 52-week period if they are unable to work due to their own serious illness or injury.

The Process for an Employee to Obtain This Leave
To qualify for this leave, a worker must obtain a medical note from their health practitioner (family doctor, nurse practitioner or any other prescribed professional). The medical note must contain all of the following:

• Confirmation that the worker is unable to work due to medical reasons;
• The date on which the worker's inability to work began or is expected to begin; and
• The date on which the worker is expected to be able to return to work. 

What does this mean for members covered under the CSSBA collective agreements?
Article 20.7 of all CSSBA collective agreements already requires employers to continue service-related and employer-paid health and welfare benefits for a grace period of up to 20 days after a serious personal illness or injury leave is taken. This change to the Act requires the employer to extend the length of time benefits are offered – they must now offer these benefits throughout the duration of the leave, up to 27 weeks.

Not only is the employer required to extend these benefits for up to 27 weeks, but workers continue to accrue continuous service for the purpose of vacation entitlements and will move to the next increment step in the wage grid as if they were still working. Essentially, this leave is treated in the same manner as maternity and parental leave.

Additionally, employers cannot terminate a worker who is on a serious personal illness or injury leave. Upon the employee’s return to work, the employer must place the employee in the position they held prior to taking leave, or in a comparable position.

Questions and Answers
How is the 52-week period calculated?
The 52-week period is calculated from the date the worker's leave begins, not by the calendar year. A worker does not become entitled to a new 27-week serious illness or injury leave until 52 weeks have passed from the start of their initial leave.

If a worker returns to work before using the full 27 weeks, they may access the remaining balance of their entitlement during the same 52-week period without providing a new medical note, provided that they are unable to work for the same reasons as stated in the original note.

Are the 27 weeks in addition to the 20-day grace period for benefits allowed under Article 20.7 of the collective agreements?
No. The 27-week entitlement includes the 20-day grace period and is not in addition to it.

The 20-day grace period is outlined in Article 20.7 of the collective agreements. It requires employers to continue to pay their share of health and welfare benefits for a maximum of 20 missed shifts on unpaid leave per calendar year.

When does the 27-week entitlement begin?
The 27-week period does not begin until after a worker's regular paid sick leave ends. Workers may first access other available paid leave entitlements (such as regular paid sick leave) before accessing the 27-weeks of unpaid leave available under the Act.

Is this change retroactive for workers who have been on unpaid illness leave?
The change to the act came into force on November 27, 2025. The protected leave does not apply retroactively for any period of leave before November 27, 2025. If a worker was on leave before November 27, 2025 and wishes to be covered by this change, they must make a new request as soon as possible and submit a new medical note to their employer.

Under the CSSBA collective agreements, workers who are on WorkSafeBC (WSBC) leave are considered to be on unpaid leave for sickness. Do these changes to the act now include a protected unpaid leave for this purpose?
If a worker on WSBC unpaid leave meets all of the requirements for these changes (under Section 49.01 of the act), they would be on this new protected unpaid leave. As a result, their service-related benefits would continue to accrue and the employer-paid health and welfare benefits would continue to be provided for the allowable period. In this respect, the act overrides the terms of the collective agreements.

If you have any questions about these changes, please contact your steward. If you would like  a list of active stewards at your workplace, please contact your area office.

In solidarity,
 
Andrea Duncan, Vice-President Community Social Services