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Leaves & Vacations

Downsizing and Sale of a Business Unit

"Downsizing and Sale of a Business Unit" is the title of a paper prepared by a lawyer at Clark Wilson LLP in Vancouver.

It provides a comprehensive overview of issues to consider when terminating/transferring employees as part of a corporate transaction and ends with a useful summary of "what the vendor wants" and "what the purchaser wants" in order to minimize their respective exposure to claims by employees. 

You can find the paper at the link below.

Birth father must begin parental leave within 52 weeks after child's birth, not complete it within 52 weeks

The issue in British Columbia Securities Commission v. Burke, 2008 BCSC 1244 was whether:

  • a birth father's parental leave must be completed within 52 weeks after the child's birth, or
  • the leave only needs to begin within 52 weeks after the child's birth.

Section 51(1)(c) of the BC Employment Standards Act provides:

An employee who requests parental leave under this section is entitled to:

- - -

for a birth father, up to 37 consecutive weeks of unpaid leave beginning after the child's birth and within 52 weeks after that event.

The Employment Standards Tribunal had determined that the latter interpretation noted above was the correct one. On judicial review, the Court upheld the Tribunal's decision.  read more »

BC Employment Standards Act leave provisions for military reservists come into effect today

Jurisdiction: - British Columbia

Effective today, an employees who is a reservist in the Canadian Forces is entitled to unpaid leave, the details of which are set out in the BC Employment Standards Branch's "Leaves and Jury Duty Fact Sheet":  read more »

Private members bill would amend BC Employment Standards Act to provide work leave for victims of crime

Jurisdiction: - British Columbia

NDP MLA Mike Farnworth introduced a private members bill today (Bill M 217 - Victims of Crime Compensation Act) that would amend the BC Employment Standards Act to provide entitlements to victims of crime.

Specifically, the bill would provide an employee with up to 104 weeks (2 years) of unpaid leave if the employee or an immediate family member of the employee suffers:

  • in the case of the employee, serious injury, and
  • in the case of an immediate family member of the employee, death, during or resulting from a criminal offence, that renders the employee unable to hold his or her regular position.

The bill further provides that:  read more »

New leave provisions to be added to BC Employment Standards Act for military reservists

Jurisdiction: - British Columbia

The BC government has introduced Bill 43 that will, among other things, amend the BC Employment Standards Act to provide job protection for reservists who temporarily leave their civilian employment in order to serve with the Canadian Forces.

According to the government's news release, there are about 2,700 reservists in BC.

"Attendance Management Guide"

Law firm Hicks Morley has published a comprehensive "Attendance Management Guide" that addresses the range of legal issues an employer must consider/address when managing attendance problems. 

Compassionate Care Leave Regulation Enacted

Jurisdiction: - British Columbia

The Compassionate Care Leave Regulation under the BC Employment Standards Act came into effect on October 20, 2006 (OIC 738).

In accordance with the Regulation, an employee may now take this type of leave in relation to the following additional classes of "family members":  read more »