COVID-19 Job-Protected Leave Extended

Summary#

These final regulations (SOR/2020-166) change the Canada Labour Standards Regulations so federally regulated employees can take a job‑protected leave related to COVID‑19 for up to 24 weeks instead of 16 weeks. The change took effect on registration (published in the Canada Gazette), on July 10, 2020.

What it does#

• Sets the maximum length of the COVID‑19 job‑protected leave under the Canada Labour Code at 24 weeks (up from 16 weeks).
• Aligns that leave with the extended eligibility for the Canada Emergency Response Benefit (CERB), which was also extended to 24 weeks.
• Includes a technical provision that the inserted rule will be repealed when a specific part of the COVID‑19 Emergency Response Act comes into force.
• Came into force on registration (July 10, 2020).
• The government estimated a possible employer cost of about $600 per additional week of absence per employee in cases where overtime is used to cover the work.

Who's affected#

• Employees in the federally regulated private sector (about 955,000 employees) and their employers (about 17,700 employers).
• Small businesses in that sector: they make up roughly 95% of those employers but account for about 13% of the sector’s employment.
• Employment and Social Development Canada (Labour Program) will provide updated guidance and materials to employers and employees.

Why it matters#

• The change avoids a mismatch between job protection and income support. People who need up to 24 weeks off for COVID‑related reasons can remain on job‑protected leave while they receive CERB.
• It reduces the risk that employees who stay home past 16 weeks would face discipline or feel forced to resign to keep receiving benefits.
• Employers may face modest short‑term costs to cover longer absences (hiring replacements or paying overtime).
• The government notes the extension may especially help caregivers, low‑income workers, and likely more women, who often shoulder more childcare and caregiving duties.