COVID-19 Leave Weeks for Federal Employees

Summary#

The final rule Regulations Amending the Canada Labour Standards Regulations (SOR/2021-36) sets specific week counts for COVID‑19–related leave under the Canada Labour Code. It was registered on March 15, 2021 and published in the Canada Gazette on March 31, 2021. The new wording that sets the weeks is later scheduled to be repealed when a part of the COVID-19 Response Measures Act comes into force.

What it does#

• Adds a new provision to the Canada Labour Standards Regulations that defines how many weeks of COVID‑19 leave an employee can claim:
  • 4 weeks for the purpose of paragraph 239.01(1)(a) of the Canada Labour Code.
  • 38 weeks for the purpose of paragraph 239.01(1)(b) of the Canada Labour Code.
• States that the added provision (and its heading) will be repealed. That repeal becomes effective when subsection 4.5(2) of the COVID-19 Response Measures Act comes into force. The notice does not give a date for that.

Who's affected#

• Employees and employers covered by the Canada Labour Code — that is, workplaces under federal jurisdiction.
• The item itself refers to specific paragraphs of the Code (239.01(1)(a) and 239.01(1)(b)). The Gazette notice does not explain what each paragraph covers, so it may not be clear from this notice alone which exact situations (for example, caring for a child, quarantine, or illness) correspond to the 4‑week and 38‑week counts.

Why it matters#

• The change gives concrete lengths of leave tied to COVID‑19 for federally regulated workers. That matters for planning time off, pay and benefits, and how employers manage staffing.
• Because the added rule is set to be repealed once part of the COVID-19 Response Measures Act takes effect, the way those leave entitlements are set could change again. People affected should check the relevant sections of the Canada Labour Code or official guidance for the full details.