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Now that cold and flu season is upon us, we thought it would be a good idea to revisit Canadians’ statutory entitlements to paid and unpaid sick days. Federally regulated employees were recently granted 10 paid sick days per year and Prince Edward Island just introduced Bill 106 (a private member’s bill), which if passed, would grant employees up to 5 paid sick days minimum. Time will tell if these changes become a trend across Canada. For now, the following is a summary of the minimum standards for sick day entitlements per calendar year:
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[1] Entitlement in a 52-week period.
[2] Unless the parties agree otherwise or a collective agreement provides otherwise.
[3] The certificate must provide evidence and indicate that the employee is not able to work for a period of at least two (2) weeks because of serious injury or illness.
[4] Entitlement in a year.
[5] Entitlement for each 12-month period.
[6] If an employment contract provides for something similar to sick leave (i.e. sick days) and the employee takes leave under the employment contract, the employee is considered to have also taken their statutory sick leave.
[7] Only for employees with 5+ years of continuous service.
[8] Entitlement for a 12-month period.
[9] Entitlement in a 12-month period.
[10] Not applicable to employment injuries within the meaning of the Act respecting industrial accidents and occupational disease.
[11] Entitlement in a 52-week period. Could be extended to 26 weeks (182 days) of leave if the employee is receiving compensation pursuant to The Workers’ Compensation Act.
The proposed legislation in Prince Edward Island. Bill 106, An Act to Amend the Employment Standards Act would improve on the current entitlements. Specifically, it proposes:
- 3 days of paid sick leave after 90 days of continuous employment; and
- 2 additional days of paid sick leave after 180 days of continuous employment with the same employer.
Employees can earn a maximum of 5 paid sick days per calendar year, as opposed to the 1 paid sick day they currently receive after five (5) years or more of continuous employment. As of the date of publication, the private members Bill has not passed.
In contrast, employees in Ontario lost some paid leave days this year. As of March 31, 2023, the three (3) days of paid leave for medical treatment related to COVID-19 (including receiving the vaccine or recovering from any side effects) was no longer being provided under the Employment Standards Act, 2000.