Global Compliance Desk – British Columbia

Employment Standards Act Amended

The Employment Standards Amendment Act, 2019 (“Bill 8”) received Royal Assent on May 30, 2019, so Bill 8’s amendments to the Employment Standards Act, R.S.B.C. 1996, c. 113 (the “ESA”) is now in force. Some of the new addition to the final version of Bill 8 were are as follows:

Leave for Victims of Sexual Violence

Employees are now entitled to receive a job-protected unpaid leave of up to 10 days and 15 weeks if they, or an “eligible person” such as their children or a dependent adult person under their care, experience domestic or sexual violence, and wish to request a leave for one or more of the following purposes:

  • To seek medical attention for the employee or eligible person in respect of a physical or psychological injury or disability caused by domestic or sexual violence;
  • To obtain for the employee or eligible person victim services or other social services relating to domestic or sexual violence;
  • To obtain for the employee or eligible person psychological or other professional counseling services in respect of a psychological or emotional condition caused by domestic or sexual violence;
  • To temporarily or permanently relocate the employee or eligible person or both the employee and eligible person;
  • To seek legal or law enforcement assistance for the employee or eligible person, including preparing for or participating in any civil or criminal legal proceeding related to the domestic or sexual violence; or
  • Any prescribed purpose.

Critical Illness or Injury Leave

The bill has extended critical illness or injury leave up to 36 weeks to care for a critically ill child and up to 16 weeks to care for a critically ill adult.

Employers should be particularly aware of the following amendments which may be important for future reference:

Collective Agreements

Any collective agreement that is made or renewed after May 30, 2019, has to meet or exceed the requirements in the ESA regarding special clothing; hours of work and overtime; statutory holidays; annual vacation and vacation pay; and seniority retention, recall, termination, and layoff.

Retention of Payroll Records

Employers are now required to retain payroll records for up to four years after the date on which the payroll records were created. The former requirement was to retain payroll records for two years after the employment terminates.

These are a few of the many changes included in Bill 8. See our previous bulletin on Bill 8 for a broader overview of (then impending) changes to the ESA.

Shreya Bhattacharya
ABOUT THE AUTHOR
Shreya Bhattacharya
A labor and employment lawyer at Replicon who specializes in global compliance. Replicon provides award-winning products that make it easy to manage your workforce. Replicon is an industry leader in global compliance and has a dedicated team which pro-actively monitors international labor regulations for ensuring proper adherence with specific country rule requirements.
Get started today.
Set up a free trial based on your business needs. Start Free Trial

Global Compliance Desk – Karnataka, India

India: Karnataka Government Permits Shops To Remain Open 24/7  On January 2, 2021, the Government of Karnataka issued a notification that allows all shops and commercial establishments in Karnataka, having…Read More

Want Real Solutions That Help You Manage Expense Tracking in Real-Time? We’ve Got Them.

A comprehensive expense tracker can provide your organization with clear insights into how corporate time and dollars are being spent and help you identify unnecessary costs, strains, time-wasting activities, and…Read More

Project Leaders: Here Are 3 Signs Your Remote Project Managers Are Overwhelmed with Technology

Overwhelmed project managers. They are not hard to find. And if you look closely, you’ll probably find a few right within your organization. As it is, project management is stressful…Read More

Miscalculating wages by a few cents led to this company paying a six-figure lawsuit

West Marine Products, which operates a chain of retail stores across the United States specializing in boating supply and fishing equipment, recently settled a class action lawsuit involving 707 former…Read More

Employee time tracking is dead

iBeacons, Bluetooth Low Energy, Proximity sensing and the obsolescence of time tracking as we know it. Businesses have to track the time their employees work for a variety of reasons,…Read More

How Sarbanes-Oxley Impacts HR Departments

Ever since the Sarbanes-Oxley Act (SOX) was passed in 2002, following a spate of high-profile corporate scandals, companies have had to take a wide range of precautions to ensure that…Read More
  • Polaris
  • Time & Project Insights
  • Time & Projects Solutions
  • Replicon Products
  • Replicon Users
  • Cloud
  • Corporate
  • Professional Services Management
  • Shared Services Management
  • Time and Attendance Management
  • Customer Feature
  • Time Intelligence
  • Industry News
  • Global Compliance Updates