BC to Increase Unpaid Leave Coverage for Workers: Employment Lawyer on 730 CKNW

Interview Summary

British Columbia is looking to update the Employment Standards Act (ESA) this fall — allowing up to 27 weeks of unpaid leave each year for workers facing a “catastrophic” illness or injury.

Labour Minister Jennifer Whiteside said the new provision will also apply to survivors of intimate partner violence, many of whom show signs and symptoms of traumatic brain injury.

Dan Balkaran, a Vancouver employment lawyer and BC employment law practice lead at Samfiru Tumarkin LLP, discussed the province’s proposed ESA changes with Jill Bennett on 730 CKNW.

Interview Notes

• A provision that “makes sense”: Balkaran agreed that the proposed ESA changes would bring BC’s legislation in line with standards already in place in other Canadian jurisdictions, including Ontario as well as federally regulated industries and workplaces.
• BC Human Rights Tribunal (BCHRT) experiencing significant backlog: “You can’t be discriminated against on the basis of disability…which means your employer can’t fire you because you have a medical issue,” Balkaran said. “I think this [provision] might be in reaction to the sole jurisdiction for any discrimination on the basis of disability is the [BCHRT] and it’s currently under-resourced.”
• Speeding up resolution times is crucial: Balkaran noted that the estimated time of resolving a discriminatory dismissal is approximately 5 years, which is a “very long time” for individuals when their livelihood is at stake. He believes the provision will help accelerate the process.
• More specifics needed on the provision: Balkaran believes the province needs to provide more information on the definition of “serious injury” and potential remedies available to employees, “the details really matter here.”
• Defining serious injury could be a Pandora’s box, legally: Balkaran warned that if the BC government creates a specific definition for serious injury, it could “spawn a whole new avenue of dispute and litigation.”

Relevant Resources

• Discrimination at Work in British Columbia: Employee Guide
• Workplace Human Rights in British Columbia: Everything You Need to Know
• List of Federally Regulated Employers and Workplaces in Canada