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ARTICLE · 19 MAY 2020

COVID-19 Update: New Leave Related To COVID-19 Under The Canada Labor Code

McCarthy Tétrault
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On March 25, 2020, the Federal Government enacted Bill C-13, which establishes a job-protected leave for Federally regulated employees who are unable or unavailable to work for reasons related...

CanadaCoronavirus (COVID-19)
McCarthy Tétrault Employer Advisor
McCarthy Tétrault Employer Advisor
Monique Ronning
Monique Ronning
Caroline-Ariane Bernier
Caroline-Ariane Bernier
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On March 25, 2020, the Federal Government enacted Bill C-13, which establishes a job-protected leave for Federally regulated employees who are unable or unavailable to work for reasons related to the COVID-19 pandemic. This new leave is intended to be temporary and, accordingly, is currently only in effect until the end of day on September 30, 2020.

The requirements of the new "Leave Related to COVID-19" under Division XIII.01 of the Canada Labour Code (the "Code") include the following:

  • The unpaid leave of absence is for a period of up to 16 weeks, and an only be taken if the employee is unable or unavailable to work for reasons related to COVID-19.
  • As soon as practical the employee must give written notice to their employer of: the reason for taking the leave of absence and the length of the intended leave; and, if/when applicable, any change in the length of the leave. An employer may ask the employee to provide "a written declaration in support" of the

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