Types of Unexpected Time Off

Employment Law | August 24, 2021

Types of Unexpected Time Off

Though most individuals prefer to plan and schedule their time off from work, some events in life can occur without warning. From personal illness to losing a loved one, there are many reasons for an employee to take unexpected time off. With so many types of unexpected time off available, it can be difficult for employees to understand what they are entitled to. This is why the employment lawyers at Linley Welwood have provided some information on the different types of unexpected time to help employees determine if they can take time away from work.

Learn about the break and rest requirements in BC.

What Are the Types of Unexpected Time Off?

In BC, employees covered by BC Employment Standards can take time away from work to deal with unexpected life events or illnesses. Types of unexpected time off include:

Personal Illness or Injury

The Employment Standards Act provides up to 3 days of unpaid, job-protected leave each year due to personal illness or injury. This leave only applies if you have worked for your employer for at least 90 days. It is important to note that some employers may require reasonable evidence of illness or injury, such as a doctor’s note, to determine eligibility.

Learn all about how sick leave works in BC.

Being Sent Home

If you are unfit for work, you may be sent home by your employer. In this situation, the employee will only be paid for the time worked or for 2 hours, whichever is greater. Employees may be deemed unfit for work if they are ill, injured, or intoxicated. In the latter case, employees may be subject to discipline or termination.

Grievance Leave

Also known as bereavement leave, an employee can take up to 3 days of unpaid leave if an immediate family member passes away. This leave does not have to be on consecutive days, nor does it need to start on the date of death.

What are the different types of job protected leave?

Caring for Family Members

If an employee must take time away from work to care for an injured or terminally ill family member, they are entitled to job-protected leave without pay. Employees must state why they are taking leave, but they do not need to give notice in advance. Employers can ask for proof that the leave is valid, but this proof does not need to be provided before the employee starts the leave.

Being Laid Off

Employees may be temporarily laid off when there is a lack of work. An employee is considered to be laid off as soon as they start to earn less than 50% of their weekly wages. Although a temporary layoff is a type of unexpected leave, an employee must agree to the layoff. Temporary layoffs can last up to 13 weeks.

Learn all about the laws regarding temporary layoffs.

To learn more about the types of unexpected time off or other areas of employment law, contact the employment lawyers at Linley Welwood. We can be reached at 604-850-6640 and are ready to answer any questions you may have.

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