HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1 In this Act,

"reservist" means a member of the reserve force of the Canadian Forces referred to in subsection 15 (3) of the National Defence Act;

"Reserves" means the component of the Canadian Forces referred to in the National Defence Act, as the reserve force.

2 Section 28 (3) of the Employment Standards Act, R.S.B.C 1996, c. 113 is amended by adding the following text:

28 (3) An employer shall retain or arrange for some other person to retain all notices, certificates, correspondence and other documents given to or produced by the employer that relate to an employee taking pregnancy leave, parental leave, family responsibility leave, compassionate care leave, bereavement leave or reservist leave for three years after the day on which the leave expired.

3 Section 53 of the Employment Standards Act, R.S.B.C. 1996 c. 113 is amended by adding the following text:

53.1 (1) The following definition applies in this section:

"service" means active duty or training in the Reserves.

(2) An employee is entitled to a leave of absence without pay if the employee is a reservist and will not be performing the duties of his or her position because

(a) the employee is required to be absent from work for the purpose of service;

(b) the employee is taking part in treatment, recovery or rehabilitation in respect of a physical or mental health problem that results from his or her service; or

(c) the prescribed circumstances apply.

(3) An employee is not entitled to begin a leave under this section unless he or she has been employed by the employer for at least the prescribed period or, if no period is prescribed, for at least six consecutive months.

(4) Subject to the regulations, the period of leave for the purpose of service or for treatment, recovery or rehabilitation in connection to service, is the period necessary to accommodate the period of service, treatment, recovery or rehabilitation.

53.2 (1) An employee wishing to take a leave under section 53.1 must give the employer, in writing, as much notice as is reasonable and practicable in the circumstances. The employer may require the employee to provide reasonable verification of the necessity of the leave, including a certificate from an official with the Reserves stating:

(a) that the employee is a member of the Reserves and is required for service; and

(b) if possible, the expected start and end dates for the period of service.

(2) Unless there is a valid reason for not doing so, an employee who takes a leave of absence under section 53.1 shall notify the employer in writing of any change in the length of the leave, giving as much notice as is reasonable and practicable in the circumstances.

(3) An employee on a leave under section 53.1 must give the employer written notice of the expected date of return to work. The employer may defer the employees return to work by up to two weeks or one pay period, whichever is longer, after receiving the notice.

4 Section 127 of the Employment Standards Act is amended by adding the following text:

127 (2) (u) respecting availability of or conditions in respect of, reservists' leave under section 53.1.

 
Explanatory Note

This enactment amends the Employment Standards Act to provide job protection for reservists in British Columbia. The amendments provide for an entitlement to a leave of absence from employment for members of the reserve force who take part in certain military activities and operations in Canada and abroad and prohibit employers from discriminating against employees on the basis that they are members of the reserve force. The amendments provide reservists in British Columbia with the right to return to their position at the end of a leave of absence that they take in relation to their duties as a reservist or in relation to any treatment, recovery or rehabilitation they undergo in respect of a physical or mental health problem that results from their service as a reservist.

The reservist leave provisions apply to all employers, regardless of size, covered by the Employment Standards Act, 2000. Reservists are to provide reasonable notice to their employers, in writing, before beginning and ending the leave. Employers are not required to contribute to any benefit plans during the leave period unless otherwise agreed in a collective agreement.

Prior to the introduction of the Act, military reservists working as civilians in British Columbia did not enjoy any special legislative job protection, and therefore did not have a guaranteed job upon completion of their deployments, unless one had been negotiated contractually.

With this Act, British Columbia joins Ontario, Saskatchewan, Manitoba, and Nova Scotia in protecting reservists' jobs.