Emergency Leave

This is an unpaid leave of absence from work, which continues for as long as an employee cannot do their job because of a public emergency. This leave only applies when a government declares an emergency, for example because of a natural disaster or public health emergency. The leave does not apply to personal emergencies or illnesses that are not part of a declared emergency. The leave is also available for employees who must care for a family member that is directly affected by a public emergency. To qualify for this leave all the following conditions must be met: 

1. the public emergency directly applies to a family member of the employee; 
2. the family member requires care or assistance; 
3. the employee is the only person available to provide the care or assistance; and 
4. the employee cannot work while providing care or assistance.  

The emergency leave ends when the employee: 

1. is no longer unable to work because of the emergency; 
2. no longer needs to care for a family member affected by the emergency; or 
3. when the emergency ends. 

When the emergency leave ends, employees are to return to the same position they held before the leave began. If the original position no longer exists, the employer will need to give them a similar position, with the same wages and benefits.

An employee needs to let their employer know they intend to use this leave as soon as possible. The employee should give the notice before the leave begins, but if this is not possible, the notice should be given right after the emergency leave begins. An employer can ask the employee to show proof of why they need to leave. The proof must make sense for the situation, and the employer cannot require a medical note for this leave.