An expansion of statutory leaves: Recent changes to the British Columbia Employment Standards Act

By Richard Press on May 24, 2018

On May 17, 2018, the Employment Standards Amendment Act, 2018 (Bill 6) came into force increasing maternity, paternity, and compassionate care leave and establishing two new job-protected leaves: crime-related child disappearance leave and child death leave.

Amended Leaves:

Type of Leave	Old Provision	New Provision
Pregnancy leave	Pregnancy leave could begin up to 11 weeks before the child’s expected birth date.	Pregnancy leave may begin up to 13 weeks before the child’s expected birth date.
Parental leave	Birth mothers could take up to 35 weeks of parental leave.	Birth mothers may take up to 61 consecutive weeks of unpaid leave which must begin immediately following maternity leave.
	Non-birth parents and adopting parents could take up to 37 weeks of parental leave within a 52 week period.	Non-birth parents and adopting parents may take up to 62 consecutive weeks of unpaid leave, which must begin within 78 weeks (18 months) after the birth of the child or placement of the child.
Compassionate Care Leave	An employee could take up to eight weeks of unpaid compassionate care leave taken within a 26 week period.	An employee may take up to 27 weeks of unpaid compassionate care leave within a 52 week period.

New Leaves

Crime-Related Child Disappearance Leave

If a child under the age of 19 disappears as a result of crime, the child’s parent will be entitled to an unpaid leave of up to 52 weeks, beginning on the date that the child disappears. The leave must be taken in a single, continuous period or on an intermittent basis with the employer’s consent.

If the child is found alive, the parent is entitled to remain on leave for 14 days. If the child is found dead, if it is no longer probable that the child’s disappearance is a result of crime, or if the parent is charged with a crime that resulted in the disappearance of the child, the leave ends.

Child Death Leave

If a child under the age of 19 dies, a parent is entitled to an unpaid leave of up to 104 weeks (two years) beginning on the date the child dies or is found dead. Child death leave must be taken in a single, continuous period or on an intermittent basis with the employer’s consent.