Benefits Continuation During Leaves Of Absence

Managing employees who are on a leave of absence is often a difficult task for employers. Among other things, employers must understand the contractual, statutory and common law obligations which are owed to such employees, particularly with respect to the protection and continuation of benefits. Employers who fail to meet their obligations in this regard may find themselves facing grievances, human rights complaints, employment standards complaints or wrongful dismissal claims (in the case of non-unionized workplaces).

This issue was recently considered by the B.C. Court of Appeal in British Columbia Teachers' Federation v. British Columbia Public School Employers' Association.¹ This case involved a grievance brought by a local of the British Columbia Teachers' Federation (the "Union") in which the Union claimed that the Board of Education of School District No. 61 (Greater Victoria) (the "Employer") had breached the collective agreement when it failed to credit