Leave or Absence
Leaves of Absence
Part 6 of the Employment Standards Act provides all employees, regardless of their length of employment, with the right to certain unpaid leaves of absence while protecting the right to return to work. These provisions of the Act provide important, mandatory obligations on the part of the employer.
Innocent Absenteeism is Nobody’s Fault, But You Must Address It
By definition, innocent (or “non-culpable”) absenteeism is not your employee’s fault. “Innocent” absences usually relate to illness or injury—legitimate concerns that the employee cannot control. But what about the effect their missed shifts are having on your business? Is there anything you can do to get these absences reduced to a minimum?
Maternity & Parental Leaves
Maternity leave and parental leave are outlined separately under the Employment Standards Act.
Changes to Unpaid Leave Periods in British Columbia
Amendments to the Employment Standards Act (ESA) in 2019 and 2020 have introduced new job protected leave periods as set out below.
Discharging An Employee For Innocent Absenteeism
A 2012 decision by the British Columbia Court of Appeal held that an employer’s right to terminate an employee for undue absenteeism will be taken away if the decision to dismiss an employee is influenced, at least in part, by an intent to prevent an entitlement to severance pay. More generally, the Court held that a decision to dismiss an employee for undue absenteeism must not be based upon considerations other than past and projected absenteeism.
Is Cybersacking the Way of the Future?
Some time has passed since the story of the “Cybersacked” spa employee made the front page of Kelowna’s Okanagan newspaper. The employee featured was offended to have found out she was fired by reading a message sent by her employer to her Facebook inbox.
Corporate Volunteering Leads to Engaged Employees
Many companies have employee volunteer programs, but for many companies in Europe, Canada and the US these programs are underfunded, underdeveloped and underutilized. This article is meant to offer a compelling reason why your business needs to invest (a bit more) in employee volunteering.
Drunk Driving: Just Cause for Termination
Workplace intoxication is a serious issue that affects productivity and may threaten the health and safety of the workforce. When employees drive while intoxicated, they put not only their own safety at risk, but also the safety of all those with whom they share the road. Furthermore, when drunk driving is done on company time, such actions can expose employers to liability.
Strikes, Lockouts, Picketing and Replacement Workers
When collective bargaining reaches an impasse, and certain other legal rules are complied with, a legal work stoppage may occur. Work stoppages are typically referred to as either strikes or lockouts, both of which are often accompanied by picketing. The result is the partial or total withdrawal of labour and the near-total ban on the use of replacement workers.
Doctor’s Notes: When Should An Employer Ask For One?
Is it OK to ask employees for a doctor’s note if they are off work due to illness? Do you have to wait a certain number of days before you can ask for a doctor’s note?