Federal COVID-19 Leave Extended to 28 Weeks

Summary#

The Regulations Amending the Canada Labour Standards Regulations (Number of Weeks) set the maximum length of the temporary unpaid, job‑protected COVID‑19 leave for federally regulated workers at 28 weeks, up from 24 weeks. The change was registered on September 4, 2020 and published in the Canada Gazette on September 16, 2020.

What it does#

• Replaces section 33.1 of the Canada Labour Standards Regulations so that the leave related to COVID‑19 is 28 weeks long.
• Aligns the maximum job‑protected leave with the extended income‑support period under the Canada Emergency Response Benefit (CERB), which was also extended to 28 weeks.
• Came into force on the day it was registered (see September 4, 2020).

Who's affected#

• Employees in the federally regulated private sector — about 955,000 workers across 17,700 employers.
• Employers in federally regulated industries (banking, telecommunications, inter‑provincial transport, etc.).
• Small businesses in that sector — they make up roughly 95% of federally regulated employers but account for about 13% of employees, and may find long absences harder to cover.
• People most likely to use the leave: those sick with COVID‑19, needing to self‑isolate, or providing care for children or family members because schools or care facilities are closed.
• The change may not affect workers covered by provincial rules; it applies to federal labour standards only.

Why it matters#

• It prevents a mismatch between time an employee can get income support (CERB) and the time they are protected from losing their job. Without this change, someone could still be eligible for CERB payments but no longer have job protection.
• It gives more time‑back to people who need extended caregiving or recovery time because of COVID‑19. That is likely to help lower‑income workers and women disproportionately, since they more often provide unpaid care.
• Employers may face small extra costs if they must extend replacements or pay overtime — the government estimated about $600 per additional week of absence, per employee, in one common scenario.
• The government expects only minor administrative costs to update guidance and inform inspectors.