PART VII .8 COMMUNICABLE DISEASE EMERGENCY LEAVE — Communicable disease emergency leave
43.39
(1) An employee is entitled to a leave of absence from employment without pay where the employee will not be performing the duties of the employee’s position because of one or more of the following reasons related to a designated communicable disease:
43.39(a)
the employee is under individual medical investigation, supervision or treatment related to a designated communicable disease; the employee is not performing the duties of the employee's position because of a reason referred to in paragraphs (1)(a) to (g); and the employee's spouse;
43.39(b)
the employee is acting in accordance with an order under the Public Health Protection and Promotion Act related to a designated communicable disease; the communicable disease is designated by the regulations for the purpose of this Part. a parent, step-parent or foster parent of the employee or the employee's spouse;
43.39(c)
the employee is in isolation or quarantine or is subject to a control measure, including self-isolation, and the quarantine, isolation or control measure was implemented as a result of information or directions related to a designated communicable disease issued to the public, in whole or in part, or to one or more individuals, by the Chief Medical Officer of Health or the Government of the province whether through print, electronic, broadcast or other means; a child, step-child or foster child of the employee or the employee's spouse;
43.39(d)
the employee is under a direction given by the employee’s employer in response to a concern of the employer that the employee may expose other individuals in the workplace to a designated communicable disease; a child who is under legal guardianship of the employee or the employee's spouse;
43.39(e)
the employee is providing care or support to an individual referred to in subsection (4) for a reason related to a designated communicable disease that concerns that individual including a school or child care service closure; a brother, step-brother , sister or step-sister of the employee;
43.39(f)
the employee is directly affected by travel restrictions related to a designated communicable disease and, under the circumstances cannot reasonably be expected to travel back to the province; and a grandparent, step-grandparent, grandchild or step-grandchild of the employee or the employee's spouse;
43.39(g)
other reasons prescribed in the regulations. a brother-in-law, step-brother-in-law, sister-in-law or step-sister-in-law of the employee;
43.39(2)
An employer may require an employee who takes leave under subsection (1) to provide evidence reasonable in the circumstances, at a time that is reasonable in the circumstances, that the employee is entitled to the leave, but shall not require an employee to provide a certificate from a medical practitioner or nurse practitioner as evidence.
43.39(3)
An employee is entitled to take leave under subsection (1) starting on the date prescribed in the regulations and for as long as
43.39(4)
Paragraph (1)(e) applies with respect to the following individuals:
43.39(h)
a son-in-law or daughter-in-law of the employee or the employee's spouse; and ( i ) any individual prescribed in the regulations as a family member for the purposes of this section.
43.39(5)
T his section or a provision of it does not apply to a class of employees exempted from the application of this section by the regulations.
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