SATURDAY, SEPTEMBER 18, 2021
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Workplace Standards
This summary is provided for comparison purposes. While the Institute of Professional Management endeavours to provide accurate information, you should consult your provincial labour ministry or legal counsel for the most up to date information.

Workplace Standards Changes due to COVID-19

The recent pandemic has led to many temporary laws being passed which provide assistance in this time of crisis, particularly regarding special leave for employees impacted by COVID-19.

These laws change rapidly as more information becomes available and public health officials make new recommendations, and are different in each jurisdiction. Please consult the appropriate government sources for up-to-date information on this issue.

 
  Minimum
Wage
Hours of Work &
Overtime
Paid Statutory
Holidays
Vacation Compassionate Care Leave Pregnancy &
Parental Leave
Termination
of
Employment
Temporary
Lay-Offs &
Group Terminations
COVID-19 Leave
Rate of provincial minimum where work is performedOvertime after 8 hours/day or 40 hours/week
Maximum of 48 hours/week
30 minute breaks every 5 consecutive hours
Travel time could be considered work in the following cases: if the employee takes a company vehicle home in the evening for the employer’s convenience, if the employee is required to transport other staff or supplies to or from the work place or work site, if the employee has a usual work place but is required to travel to another location to perform work, if the employee is required to travel to different sites to carry out their functions.
9 Days
New Year's Day
Good Friday
Victoria Day
Canada Day
Labour Day
Thanksgiving Day
Remembrance Day
Christmas Day
Boxing Day
2 weeks after 1 year
3 weeks after 5 years
4 weeks after 10 years
17 weeks unpaid sick leave after 3 months with certificate
Work-related injury or illness equivalent to provinvial workers' compensation
28 weeks unpaid compassionate care leave
37 weeks unpaid for critical illness of a child, or 17 weeks unpaid for critical illness of an adult
52 weeks unpaid in case of crime-related disappearance of a child, 104 weeks in case of crime-related death of a child
5 days bereavement leave. After 3 months employment, 3 days paid plus 2 unpaid
5 days personal leave. After 3 months employment, 3 days paid plus 2 unpaid
10 days domestic violence leave. After 3 months employment, 5 days paid plus 5 unpaid
17 weeks unpaid for organ or tissue donation
63 weeks parental leave
17 weeks maternal leave
Parents can share parental leave for up to 71 weeks combined, to a maximum of 86 weeks combined parental and maternity leave.
2 weeks after 1 year
Severance pay of 2 days wages/full year employed, minimum 5 days, after 1 full year employment
Temporary lay-offs for up to 3 months without a specific anticipated recall date, or 6 months with a specified recall date. COVID-related interruptions may extend these time periods (at time of recording, up to 9 additional months but to no later than March 31, 2021)
Group terminations of 50 or more people within a 4-week period at a single location must give written notice 16 weeks in advance to the Minister of Labour and establish a joint planning committee
2 weeks unpaid if you have or might have contracted COVID-19, are more susceptible to COVID-19 because of existing conditions, or are isolating on the advice of an authority
26 weeks unpaid if you must provide care to a family member requiring supervised care or a child under 12 if their regular place of care is unavailable, or if they are quarantining
These leaves can interrupt some other existing leaves
$14.60/hour
$15.20 per hour as of June 1, 2021
Overtime after 8 hours/day or 40 hours/week, double pay after 12 hours in one day
Must have 32 consecutive hours free from work each week or pay time-and-a-half
2 hours call-in
Minimum 8 hours between shifts
30 minute lunch break after 5 hours
Paid for travel time if required to pick up another employee or supplies/equipment on the way to work, if group meets to travel together to a remote worksite, travel between 2 job sites, or if required to work out of town (eg attending a meeting out of town)
10 Days
New Year's Day
Family Day
Good Friday
Victoria Day
Canada Day
BC Day
Labour Day
Thanksgiving Day
Remembrance Day
Christmas Day
2 weeks after 1 year
3 weeks after 5 years
5 days/year unpaid family responsibility leave
3 days unpaid bereavement leave
27 weeks unpaid compassionate care leave out of every 52 weeks
36 weeks unpaid critical illness leave to care for a child, 16 weeks unpaid to care for an adult
10 days/year (5 paid, 5 unpaid) domestic violence leave, plus up to an additional 15 weeks unpaid leave
3 days/year personal injury or illness leave
17 weeks unpaid maternity leave
61 weeks unpaid parental leave for birth mother if maternity leave is used
62 weeks unpaid parental leave for other parents, or for the birth mother if maternity leave is not used
1 week after 3 months
2 weeks after 1 year
1 additional week for every year beyond 2, max 8 weeks
Temporary lay-offs for no more than 13 out of every 20 weeks. All benefits are protected
Group terminations of 50 or more people at a single location within two months must give advance written notice to the employees, the Minister of Labour, and any trade union representing the employees, based on the number of employees terminated; 8 weeks for 50 or more, 12 weeks for 101 or more, or 16 weeks for 301 or more
As long as needed if they have been diagnosed or are in quarantine
if employer directs them not to work
if they need to provide care to a child or adult dependent because of closures
if a travel ban prevents them from returning to work
$15.00/hour
$13.00/hour for some students
Max 12 hours/day, 6 days/week
Overtime after 8 hours/day or 44 hours/week, whichever is greater
3 hours call-in
30 minute break after 5 hours, second 30 minute break after 10 hours
Paid for travel time going from an employer-designated meeting site to travel to a job site, if going from one job site to another, or if directed to pick up materials or perform other tasks on the way to or from work, or if required after the employee begins providing services
9 Days
New Year's Day
Family Day
Good Friday
Victoria Day
Canada Day
Labour Day
Thanksgiving Day
Remembrance Day
Christmas Day
2 weeks/year after 1 year
3 weeks/year after 5 years
3 days unpaid bereavement leave
1/2 day citizenship ceremony
36 weeks unpaid critical illness leave to care for a child, 16 weeks unpaid to care for an adult
27 weeks unpaid compassionate care leave with a certificate, per certificate
10 days/year unpaid domestic violence leave
5 days/year unpaid personal and family responsibility
16 weeks unpaid long-term illness/injury leave
52 weeks for death of a child, 104 weeks for crime-related disappearance of a child
16 weeks unpaid maternity leave
62 weeks unpaid parental leave
1 week after 90 days
2 weeks after 2 years
4 weeks after 4 years
5 weeks after 6 years
6 weeks after 8 years
8 weeks after 10 years
Temporary lay-offs no longer than 90 days in 120 days, or no more than 180 consecutive days if related to COVID-19, employees have 7 days to respond to recall
Group terminations of 50 or more people within a 4-week period must give written notice 4 weeks in advance to the Minister of Labour and Immigration
14 days unpaid, as often as needed in case of quarantine
Alternate work arrangements (eg working from home) are allowed while quarantined.
$11.45/hourOvertime after 40 hours/week
Overtime after 8 hours/day (5 day schedule) OR 10 hours/day (4 day schedule)
3 hours call-in
Minimum of 24 hours consecutive rest/week
Maximum 44 hours/week
Employees receive a 30 minute break after 5 hours
10 days
New Year's Day
Family Day
Good Friday
Victoria Day
Canada Day
Saskatchewan Day
Labour Day
Thanksgiving Day
Remembrance Day
Christmas Day
3 weeks after 1 year
4 weeks after 10 years
12 days/year unpaid sick leave after 13 weeks
12 weeks unpaid leave for critical illness or injury
26 weeks unpaid leave if receiving benefits under The Workers' Compensation Act
5 days unpaid bereavement leave
37 weeks unpaid critical illness leave to care for a child, 17 weeks to care for an adult
28 weeks compassionate care leave within a 52 week period
1 day unpaid citizenship ceremony leave
26 weeks unpaid leave for organ donation
10 days (5 paid, 5 unpaid) interpersonal/sexual violence leave
52 weeks in case of crime-related disappearance of a child, 104 weeks in case of death of a child
19 weeks unpaid maternity leave
19 weeks unpaid adoption leave
59 weeks unpaid parental leave, or 71 weeks if they did not take maternity or adoption leave
1 week after 13 weeks
2 weeks after 1 year
4 weeks after 3 years
6 weeks after 5 years
8 weeks after 10 years
Temporary lay-off for up to 26 weeks. During a public health emergency, temporary group lay-offs may not require advance notice
Terminations of 10 or more employees within four weeks must give advance notice to the Minister of Labour Relations and Workplace Safety as well as any affected employees and unions, based on the number of employees terminated: 4 weeks for 10 or more, 8 weeks for 50 or more, and 12 weeks for 100 or more
Public health emergency leave lasts as long as required to self-isolate
If they have been directed to isolate by their employer, the government, their doctor, or the chief medical health officer of the province
To care for their child or adult family member who has been affected by such an order
Additionally, critical illness leave applies even without a note and regardless of time employed during a state of public health emergency
$11.90/hourOvertime after 8 hours/day or 40 hours/week
3 hours call-in
One full day of rest/week
30 minute break after 5 hours
9 days
New Year's Day
Louis Riel Day
Good Friday
Victoria Day
Canada Day
Labour Day
Thanksgiving Day
Remembrance Day has special rules
Christmas Day
2 weeks after 1 year
3 weeks after 5 years
3 days/year unpaid family responsibility leave after 30 days employment
4 hours unpaid Citizenship Ceremony leave after 30 days employment
3 days unpaid bereavement leave after 30 days employment
28 weeks Compassionate care leave after 90 days employment
10 days domestic violence leave in a 52 week period plus 17 consecutive weeks. 5 days paid, any additional unpaid
37 weeks unpaid Critical Illness leave to care for a child or 17 weeks unpaid to care for an adult
13 weeks unpaid leave for organ donation
17 weeks per year long-term illness or injury leave after 90 days employment
52 weeks in case of crime-related disappearance of a child, 104 weeks in case of death of a child
17 weeks unpaid maternity after 7 months employment
63 weeks unpaid parental leave after 7 months employment
1 week after 30 days
2 weeks after 1 year
4 weeks after 3 years
6 weeks after 5 years
8 weeks after 10 years
Lay-offs can be up to 8 weeks in a 16-week period. During state of emergency related to COVID-19, time spent laid off does not count towards the 8 weeks (but time before or after it ends will count towards it)
Group terminations at a single location within four weeks must give advance written notice to the Minister of Finance, based on the number of employees terminated: 10 weeks for 50 or more, 14 weeks for 101 or more, 18 weeks for 300 or more
Can last as long as needed
In case of quarantine or treatment
If required by laws
If they need to provide support to a family member due to closures
If the employer directs them not to work
If affected by travel restrictions
If they are more susceptible than usual to COVID-19
$14.25/hourOvertime after 44 hours/week
Maximum 6 days and 48 hours/week
3 hours call-in
Minimum 8 hours between shifts
Maximum 8 hours/day OR regular established workday
Employees may not work more than 5 consecutive hours without a half-hour of break time
Travel time is work in the following cases: if the employee takes a company vehicle home in the evening for the employer’s convenience, if the employee is required to transport other staff or supplies to or from work, if the employee travels after arriving to a meeting place, or any travel during the workday
9 days
New Year's Day
Family Day
Good Friday
Victoria Day
Canada Day
Labour Day
Thanksgiving Day
Christmas Day
Boxing Day
2 weeks after 1 year
3 weeks after 5 years
8 weeks/year unpaid family caregiver leave with a certificate to care for a family member with a serious medical condition, per specified family member
28 weeks compassionate care leave within 52 weeks
37 weeks unpaid critical illness leave to care for a child, 17 weeks unpaid to care for an adult
2 days/year unpaid bereavement leave
3 days/year sick leave
10 days domestic violence leave (5 paid, 5 unpaid) plus 15 weeks/year
13 weeks organ donor leave
3 days/year family responsibility leave
52 weeks in case of crime-related disappearance of a child, 104 weeks in case of death of a child
17 weeks unpaid maternity leave
63 weeks parental leave or 61 weeks for a mother who takes maternity leave
1 week after 3 months
2 weeks after 1 year
3 weeks after 3 years
one additional week per additional year up to 8 weeks
Plus potential severance pay after 5 years
Temporary lay-offs for 13 weeks in a 20 week period OR 35 weeks in a 52 week period if certain benefits are provided.
Non-unionized employees are considered to be on infections disease emergency leave rather than being temporarily laid off if they are unable to perform their duties because their working hours have been temporarily reduced or eliminated due to Covid (Scheduled to end Jul 24, 2021)
Terminations of 50 or more employees within 4 weeks must submit a form to the director of employment standards and provide a copy to the affected employees in advance, based on the number of employees terminated: 8 weeks for 50 or more, 12 weeks for 200 or more, and 16 weeks for 500 or more
When required by an emergency order
To provide care for a dependant (for example due to school/child care closure or to provide needed care for a self-isolating individual)
When directed to remain home by employer to limit exposure
The employee is in quarantine or isolation required by a medical official
If a government order prevents them from performing their duties
The employee is unable to return to Ontario due to travel restrictions
$13.10/hour
$10.45/hour for employees receiving tips
Overtime after 40 hours/week
3 Hours call-in
Minimum of 32 consecutive hours of rest per week
Employees receive a 30 minute break after 5 hours
8 days
New Year's Day
Good Friday OR Easter Monday
National Patriot's Day (the Monday preceeding May 25)
National Holiday (June 24)
July 1st
Labour Day
Thanksgiving Day
Christmas Day
1 day/full month, not to exceed 2 weeks
2 weeks after 1 year
3 weeks after 3 years
10 days unpaid family leave
5 days (2 paid, 3 unpaid) bereavement leave for immediate family, 1 day unpaid for extended family
1 day paid leave for own marriage, 1 day unpaid leave for marriage of an immediate family member
26 weeks/year unpaid for donation/transplanting of organs
26 weeks/year unpaid domestic/sexual violence leave
36 weeks unpaid critical illness leave to care for a child, 16 weeks unpaid to care for an adult, OR 27 weeks for potentially fatal illness and up to 104 weeks for fatal illness of a child
The first two days per year from any of the following combined are paid leaves of absence: to act as a caregiver for someone, sickness, organ donation, domestic violence, or if they are the victim of a crime
52 weeks in case of crime-related disappearance of a child, 104 weeks in case of death of a child
18 weeks unpaid maternity leave
5 weeks unpaid paternity leave
65 weeks unpaid parental leave
5 days (2 paid) adoption or birth leave
1 week after 3 months
2 weeks after 1 year
4 weeks after 5 years
8 weeks after 10 years
Temporary lay-off for up to 6 months
Terminations of 10 or more employees within 2 months in the same establishment must give advance notice to the Minister of Labour, Employment and Social Solidarity, CNESST, and any affected employees and unions, based on the number of employees terminated: 8 weeks for 10 or more, 12 weeks for 100 or more, and 16 weeks for 300 or more
Only standard leaves are available
$12.15/hour
$18.23/hour overtime
Minimum wage is expected to increase on April 1, 2021
Overtime after 40 hours/week
Maximum 6 days/week, 8 hours/day
3 hours call-in
1 hour break after 5 hours work
6 days
New Year's Day
Good Friday
Memorial Day/Canada Day
Labour Day
Remembrance Day
Christmas Day
2 weeks after 1 year
3 weeks after 15 years
7 days/year unpaid family responsibility or sick leave after 30 days employment
3 days bereavement leave (1 paid, 2 unpaid) after 30 days employment, or 2 days unpaid bereavement leave before 30 days employment
28 weeks unpaid compassionate care leave within 52 weeks after 30 days employment
37 weeks unpaid critical illness leave to care for a child, 17 weeks unpaid to care for an adult after 30 days employment
10 days (3 paid, 7 unpaid) domestic violence leave after 30 days
52 weeks in case of crime-related disappearance of a child, 104 days in case of death of a child
Available after 20 weeks employment
17 weeks unpaid maternity or adoption leave
61 weeks unpaid parental leave
1 week after 30 days employment
2 weeks after 2 years
3 weeks after 5 years
4 weeks after 10 years
6 weeks after 15 years
Temporary lay-offs for 13 weeks in a period of 20
Termination of 50 or more employees within 4 weeks must give advance notice to the employees and to the minister based on the number of employees terminated: 8 weeks for 50 or more employees, 12 weeks for 200 or more, and 16 weeks for 500 or more
Can last as long as needed.
When under supervision or investigation
When in isolation or quarantine by government order
When directed to stay home by their employer to limit exposure
To provide care for a dependent because of closures
When travel restrictions prevent return to the province
$11.70/hour regular
$17.55/hour overtime
Overtime after 44 hours/week
3 hours call-in
Maximum of 6 days/week
8 days
New Year's Day
Family Day
Good Friday
Canada Day
New Brunswick Day
Labour Day
Remembrance Day
Christmas Day
The lesser of: 1 day per month employed OR 2 weeks if they have less than 8 years employment
The lesser of: 1.25 days per month employed OR 3 weeks after 8 years employment
3 days/year family responsibility leave unpaid
28 weeks compassionate care leave with certificate
5 days unpaid bereavement leave
5 days/year unpaid sick leave after 90 days employment
37 weeks unpaid critical illness leave to care for a child, 16 weeks unpaid to care for an adult
10 days plus up to a 16 week continuous period Domestic Violence Leave, first 5 days paid, after 90 days employment
37 weeks unpaid leave in case of crime-related disappearance or death of a child
17 weeks maternity leave
62 weeks parental leave
maximum 78 weeks combined maternity and parental leave
2 weeks after 6 months
4 weeks after 5 years
Temporary lay-offs for up to 6 days except where there is a lack for an unforseen reason which can include COVID-19
Group terminations or lay-offs at a single location of more than 10 employees representing 25% or more of the work force within a 4 week period must give 6 weeks advance notice to the Minister of Post-Secondary Education, Training and Labour as well as the employees affected
Can last as long as needed
When under medical supervision or investigation related to COVID-19
When acting in accordance with the Public Health Act
When in quarantine or isolation as directed by government or medical professionals
When directed to stay home by their employer to limit exposure
To provide care for a dependent because of closures
When travel restrictions prevent return to the province
$12.55/hour
After April 21, 2021 it will be increased to $12.95
Overtime after 48 hours/week
Max 6 days/week
3 hours call-in
Employees may not work more than 5 consecutive hours without a half-hour break
7 days
New Year's Day
Nova Scotia Heritage Day
Good Friday
Canada Day
Labour Day
Remembrance Day has special rules
Christmas Day
2 weeks after 1 year
3 weeks after 8 years
28 weeks compassionate care leave over 52 weeks with a certificate
37 weeks unpaid critical illness leave to care for a child, 16 weeks unpaid to care for an adult
3 days/year unpaid sick leave
5 days unpaid bereavement leave
1 day Citizenship Ceremony leave
10 days (3 paid, 7 unpaid) domestic violence leave, plus 16 weeks unpaid
52 weeks in case of crime-related disappearance of a child, 104 weeks in case of death of a child
16 weeks unpaid maternity leave
77 weeks unpaid parental
Pregnancy and Parental Leave combined may not exceed 77 weeks
1 week after 3 months
2 weeks after 2 years
4 weeks after 5 years
8 weeks after 10 years
Lay-offs can last indefinitely if there is insufficient work available, lay-offs of less than one year count towards continuous periods of employment
Termination of 10 or more employees within 4 weeks must give advance notice to the employees and to the Minister of Labour and Advanced Education based on the number of employees terminated: 8 weeks for 10 or more employees, 12 weeks for 100 or more, and 16 weeks for 300 or more
Lasts as long as needed (if the work can be completed remotely, the leave may not apply)
In case of government-declared emergency
At the direction of a medical officer
To provide care for a dependent because of closures
$12.85/hour
$13.00/hour after April 1, 2021
Overtime after 48 hours/week
3 hours call-in
Maximum 6 days/week
Employees receive a 30 minute break after 5 hours
7 days
New Year's Day
Islander Day
Good Friday
Canada Day
Labour Day
Remembrance Day
Christmas Day
2 weeks after 1 year
3 weeks after 8 years
3 days (1 paid, 2 unpaid) bereavement leave for immediate family, 3 days unpaid for extended family
28 weeks unpaid compassionate care leave
3 days/year unpaid family responsibility leave after 6 months
37 weeks unpaid critical illness leave to care for a child
3 days/year unpaid sick leave after 6 months, plus 1 paid day after 5 years
10 days (3 paid, 7 unpaid) domestic violence leave
Available after 20 weeks employment
17 weeks unpaid maternity leave
62 weeks unpaid parental leave
Combined cannot exceed 78 weeks
62 weeks unpaid adoption leave
Up to an additional 5 weeks if the child has a condition requiring additional parental care
2 weeks after 6 months
4 weeks after 5 years
6 weeks after 10 years
8 weeks after 15 years
Standard rules regarding termination applyAt employer's discretion, an employee returning from outside of the province may be able to practice work isolation.
Use standard leaves
$13.71/hourOvertime after 8 hours/day, 40 hours/week
2 hours call-in
Employees may not work more than 5 consecutive hours without a meal break excepting shifts longer than 10 hours, in which case the limit is 6 hours
10 days
New Year's Day
Good Friday
Victoria Day
National Aboriginal Day
Canada Day
Discovery Day
Labour Day
Thanksgiving Day
Remembrance Day
Christmas Day
2 weeks after 1 year1 day/month employed unpaid sick leave, max 12 days
7 days unpaid bereavement leave
28 weeks unpaid compassionate care leave
37 weeks unpaid leave to care for a critically ill child or 17 weeks unpaid leave to care for a critically ill adult
52 weeks unpaid in case of crime-related disappearance of a child, 104 weeks in case of crime-related death of a child
Available after 12 months employment
17 weeks unpaid maternity leave
63 weeks unpaid parental leave
1 week after 6 months
2 weeks after 1 year
3 weeks after 3 years
1 additional week per additional year employed, up to 8 weeks
Temporary lay-offs for 13 weeks in a 20 week period. Group lay-offs of 50 or more employees within four weeks must give 4 weeks advance notice to the director of employee standards as well as any affected employees
Terminations of 25 or more employees within four weeks must give advance notice to the director of employee standards as well as any affected employees, based on the number of employees terminated: 4 weeks for 25 or more, 8 weeks for 50 or more, 12 weeks for 100 or more, and 16 weeks for 300 or more
14 days unpaid to self-isolate, available until 14 days after emergency order is lifted
10 day paid sick leave rebate for employers or the self-employed (ends March 31, 2021)
$13.46/hourOvertime after 8 hours/day or 40 hours/week
Max 10 hours/day and 60 hours/week
Maximum 6 days/week
4 hours call-in
Employees receive a 30 minute break after 5 hours
10 days
New Year's Day
Good Friday
Victoria Day
National Aboriginal Day
Canada Day
First Monday in August
Labour Day
Thanksgiving Day
Remembrance Day
Christmas Day
2 weeks after 1 year
3 weeks after 6 years
3 days unpaid bereavement leave, up to 7 days depending on location
5 days/year unpaid sick leave
17 weeks/year compassionate care leave
17 weeks unpaid to care for a critically ill adult, 37 weeks for a child
10 days (5 paid, 5 unpaid) domestic violence leave with no notice, plus an additional 15 weeks unpaid with notice
Available after 12 months employment
17 weeks unpaid maternity leave
61 weeks unpaid parental leave, plus an additional 8 weeks for a second parent
2 weeks after 90 days
3 weeks after 3 years
4 weeks after 4 years
5 weeks after 5 years
6 weeks after 6 years
7 weeks after 7 years
8 weeks after 8 years
Temporary lay-offs for 45 days in a period of 60 days
Terminations of 25 or more employees within 4 weeks must give advance notice to the employees and to the labour standards officer based on the number of employees terminated: 4 weeks for 25 or more employees, 8 weeks for 50 or more, 12 weeks for 100 or more, and 16 weeks for 300 or more
Use standard forms of leave
Special paid leave for relief workers who must self-isolate or become ill with Covid-19
$16.00/hourOvertime after 8 hours/day or 40 hours/week
Max 10 hours/day, 60 hours/week, and 6 days/week
Employees receive a 30 minute break after 5 hours
4 hour call-in
10 days
New Year's Day
Good Friday
Victoria Day
Canada Day
Nunavut Day
The First Monday in August
Labour Day
Thanksgiving Day
Remembrance Day
Christmas Day
2 weeks after 1 year
3 weeks after 5 years
8 weeks unpaid compassionate care leave with certificate17 weeks maternity leave
37 weeks parental leave
Maximum of 52 weeks combined maternity and parental leave
2 weeks after 90 days
3 weeks after 3 years
1 additional week per year to a maximum of 8 weeks
Temporary lay-offs for 45 days in a period of 60 days
Termination of 25 or more employees within 4 weeks must give advance notice to the employees and to the labour standards officer based on the number of employees terminated: 4 weeks for 25 or more employees, 8 weeks for 50 or more, 12 weeks for 100 or more, and 16 weeks for 300 or more
Use standard leaves


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