Acts and Regulations

2020-29 - COVID-19 Emergency Leave

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Document at 29 April 2020
NEW BRUNSWICK
REGULATION 2020-29
under the
Employment Standards Act
(O.C. 2020-94)
Filed April 28, 2020
Under paragraphs 44.028(1)(d) and 85(b.11) of the Employment Standards Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the COVID-19 Emergency Leave Regulation – Employment Standards Act.
Definitions
2The following definitions apply in this Regulation.
“Act” means the Employment Standards Act.(Loi)
“COVID-19” means the notifiable disease COVID-19 listed in Part 1 of Schedule A of the Reporting and Diseases Regulation – Public Health Act.(COVID-19)
“emergency leave” means the leave of absence referred to in section 3.(congé d’urgence)
COVID-19 emergency leave
3For the purposes of paragraph 44.028(1)(d) of the Act and subject to this Regulation, an employer, on application by an employee, shall grant an emergency leave to any of the following employees: 
(a) an employee under individual medical investigation, supervision or treatment related to COVID-19;
(b) an employee acting in accordance with an order under section 33, 36 or 41 of the Public Health Act related to COVID-19;
(c) an employee who is in quarantine or isolation or is subject to a control measure, which may include self-isolation, and the quarantine, isolation or control measure was implemented as a result of information or directions related to COVID-19 issued or provided to the public, in whole or in part, or to one or more individuals, through any appropriate means of communication, by a medical officer of health appointed under the Public Health Act, a medical practitioner, a nurse practitioner, a nurse, Tele-Care, the Government of New Brunswick or Government of Canada or a department or agency of the Government of New Brunswick or Government of Canada or a council of a local government;
(d) an employee under a direction given by his or her employer in response to a concern of the employer that the employee may expose other individuals in the workplace to COVID-19;
(e) an employee providing care or support to an individual with whom the employee shares a close family relationship because of a matter related to COVID-19 that concerns that individual, including school or early learning and childcare facility closures; and
(f) an employee who is directly affected by travel restrictions related to COVID-19 and, under the circumstances, cannot reasonably be expected to travel back to New-Brunswick.
Unpaid emergency leave
4An emergency leave is an unpaid leave.
Deemed eligibility for granting emergency leave
5Each employee who is eligible to be granted an emergency leave shall be deemed to have been eligible for the emergency leave effective March 12, 2020.
Deemed granting of emergency leave
6An employer who, on or after March 12, 2020, suspends, lays off, dismisses or otherwise terminates an employee eligible or deemed to be eligible to be granted an emergency leave shall be deemed to have granted the employee an emergency leave.
Notice to employer
7(1)An employee intending to take an emergency leave shall notify the employer in writing as soon as possible of the employee’s intention to take the emergency leave, the anticipated commencement date of the emergency leave and the anticipated duration of the emergency leave.
7(2)When an emergency leave of an employee commences on or after March 12, 2020, but no later than the day before the day on which this Regulation comes into force, the employee shall notify the employer in writing as soon as possible of the anticipated duration of the emergency leave.
7(3)A notice provided to an employer under subsection (1) or (2) shall include, in writing, the purpose for which the emergency leave is taken, with reference to one or more of the purposes set out in section 3.
7(4)An employer shall not request from an employee any certificate or other proof by a medical practitioner, nurse practitioner, nurse or any other person that states that the employee is incapable of working due to COVID-19.
Duration of emergency leave
8(1)The duration of an emergency leave shall end on one of the following dates, whichever occurs first:  
(a) the date on which the employer and employee agree;
(b) the date on which the purpose for taking the emergency leave referred to in the notice under section 7 no longer exists; or
(c) the date on which this Regulation is repealed.
8(2)Despite the duration of the emergency leave referred to in a notice provided by an employee under section 7, the employer shall extend the emergency leave if the employee notifies the employer
(a) that the purpose for taking the emergency leave referred to in the notice under section 7 still exists, or
(b) that another purpose set out in section 3 now exists.
Interruption or delay of annual vacation
9An employee may interrupt or delay an annual vacation for which he or she is qualified under section 24 of the Act in order to take an emergency leave.
Documents or other material confidential
10All documentation or other material received in relation to an emergency leave taken by the employee is confidential and shall not be disclosed unless
(a) the employee has consented in writing to the disclosure,
(b) the disclosure is made to an officer, employee or agent of the employer who needs the record in the performance of his or her duties, or
(c) the disclosure is authorized or required by law.
N.B. This Regulation is consolidated to April 28, 2020.