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Global rules on foreign direct investment (FDI)
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
Canada | Publication | February 2020
As most already know, 2020 began with a global health outbreak: the coronavirus, or in medical terms, “2019-nCoV.” Although the government of Canada has indicated the risk of further spread to and within Canada remains low, and as the situation evolves daily, there are a number of important points employers should keep in mind regarding leave entitlements, the duty to accommodate, and the right to refuse work and overtime.
In the coming months, employers could see a rise in workplace leaves, namely if the current situation were to escalate. In all jurisdictions, employers could see employees going on leave, either unpaid or with pay, or on short-term disability, if provided by a collective agreement, an employment contract, or a company’s leave of absence policy. Moreover, under employment standards legislation, employees are entitled to a number of leaves that could be triggered. In Alberta, British Columbia, and in Ontario, these include:
Alberta | British Columbia | Ontario |
Sick leave: Up to 16 weeks of unpaid sick leave Leave for personal and family responsibilities: up to five days of unpaid leave Critical illness of child leave: 36 weeks of unpaid leave if the virus has caused an employee’s child to become critically ill Compassionate care leave: 27 weeks of unpaid leave in the event of a seriously ill family member where there is significant risk of death |
Critical illness or injury leave to provide care or support to a critically ill family member: (i) up to 36 weeks for a family member under 19 years old, and (ii) up to 16 weeks for a family member who is 19 years old or above Family responsibility leave: Up to five days of unpaid leave in order to meet responsibilities relating to the care or health of a child in the employee’s care or another member of the employee’s immediate family Compassionate care leave: Up to 27 weeks of unpaid leave to provide care or support to a family member with a serious medical condition creating significant risk of death |
Sick leave: Three days of unpaid sick leave Family responsibility leave: Three days of unpaid family leave Family caregiver leave: Eight weeks of unpaid leave to care for a family member who has a serious medical condition Critical illness leave to take care of a critically ill minor child who is a family member: Up to 37 weeks of unpaid leave to take care of a critically ill minor child who is a family member Critical illness leave to take care of a critically ill adult family member: Up to 17 weeks of unpaid leave to take care of a critically ill adult family member Family medical leave: 28 weeks of unpaid family medical leave if a family member has significant risk of death occurring within a period of 26 weeks or less |
For federally regulated employees operating in the private sphere, employees are entitled to:
Employers should note that employee eligibility for these leaves varies depending on the nature of the leave and the jurisdiction. In addition, some leave provisions also impose varying requirements on employees to provide their employers with proper notice and supporting documentation. Moving forward, employers should remain alive to these legal requirements.
In addition to the above-noted leaves, employers may be required to accommodate employees under human rights legislation if they are suffering from an illness or if a family member needs care. This could, for example, include allowing employees to work remotely or under a modified schedule, or providing time off.
In all jurisdictions, employees have the right to refuse work if they have reasonable grounds to believe their workplace is dangerous or unduly hazardous from a health and safety perspective. In addition, some jurisdictions allow employees to refuse to work overtime in certain circumstances. For example, employees who work for a federally regulated employer are entitled to refuse overtime to tend to family-related obligations, which can include taking care of a sick family member.
In light of the above, here are some best practices employers may consider:
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Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
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