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BC ESA Job-Protected Leaves of Absence
Life doesn’t pause for work, and in British Columbia, the law recognizes that. Under the Employment Standards Act (ESA), employees are entitled to several types of job-protected leave, meaning your job is protected while you’re away and your benefits continue.
📍 Not in BC?
If you’re an employee or employer in Ontario, the law works differently. See our Ontario-specific article about leave of absence.
Common Types of Leave
Illness or Injury (Sick) Leave
- After 90 days of employment: up to 5 paid and 3 unpaid days per calendar year.
Maternity and Parental Leave
- Pregnancy leave: Up to 17 weeks unpaid.
- Parental leave:
- Birth parents (after pregnancy leave): up to 61 weeks unpaid
- Non-birth/adoptive parents: up to 62 weeks within 78 weeks of the child’s birth or placement
Family-Related Leaves
- Compassionate care: Up to 27 weeks unpaid
- Critical illness or injury: 36 weeks (for a child under 19) or 16 weeks (for an adult)
- Family responsibility: 5 unpaid days per year
- Bereavement: 3 unpaid days per occurrence
Emergency or Crisis Leaves
- Death of a child: Up to 104 weeks unpaid
- Child disappearance (crime-related): Up to 52 weeks unpaid
- Domestic or sexual violence: 5 paid + 5 unpaid days per year, plus up to 15 weeks unpaid
- COVID-19-related: Temporary unpaid leave (still in the ESA but rarely used now)
- Vaccination leave: Up to 3 paid hours per appointment
Other Leaves
- Reservists: Unpaid leave for training (up to 20 days/year) or deployments
- Jury duty: Unpaid leave to serve as a juror
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Understanding job-protected leaves is essential for employees who need assurance that their rights are respected, while employers must ensure compliance without disrupting operations. Seeking legal advice before making decisions helps both parties proceed with clarity and confidence.”
Quick Reference Table
| Leave Type | Paid/Unpaid & Duration |
|---|---|
|
Illness or Injury Leave |
5 paid + 3 unpaid days/year |
|
Maternity Leave |
Up to 17 weeks (unpaid) |
|
Parental Leave |
Birth: 61 weeks; Non-birth/Adoptive: 62 weeks (unpaid) |
|
Compassionate Care Leave |
27 weeks in a 52-week period (unpaid) |
|
Critical Illness/Injury Leave |
Under 19: 36 weeks; Over 19: 16 weeks (unpaid) |
|
Death of a Child |
104 weeks (unpaid) |
|
Child Disappearance Leave |
52 weeks (unpaid) |
|
Domestic or Sexual Violence Leave |
5 paid + 5 unpaid days, +15 unpaid weeks |
|
Family Responsibility Leave |
5 days/year (unpaid) |
|
Bereavement Leave |
3 days (unpaid) |
|
Reservists’ Leave |
Training, deployment leave (unpaid) |
|
Jury Duty Leave |
Unpaid |
|
COVID-19-Related Leave |
Unpaid |
|
COVID-19 Vaccination Leave |
Up to 3 hours (paid) |
Employer Obligations
While you’re on job-protected leave:
- Your employer must hold your job (or a comparable one).
- Benefits and seniority continue to accrue.
- Employers can ask for reasonable proof (like a doctor’s note) for some leaves.
Unsure About Your Leave Rights?
Leave rules can be confusing, especially if your situation doesn’t fit neatly into one category.
Achkar Law can review your circumstances, explain your rights, and guide you through requesting or challenging leave under the ESA.
Contact Achkar Law for clear legal guidance before issues escalate.
Call toll-free: 1-800-771-7882 | Email: [email protected]
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©