Government of Canada proposes 10 days of paid medical leave for federally-regulated employees
Killian McParland and Emily Murray
On Friday, November 26, 2021, the Liberal federal government moved to fulfill its campaign promise to provide 10 days of paid medical leave of absence (also referred to as “sick days”) for all federally-regulated employees within 100 days of being re-elected.
Bill C-3 would do so by amending the Canada Labour Code to remove the ability to use paid personal leave for illness and injury and replace it with up to 10 paid days of medical leave.
As drafted, an employee would earn one day of paid medical leave after each month of employment, up to a maximum of 10 days in a calendar year. The paid leave could be taken in one or more periods, but the employer may require that each period be taken as at least one day. Employers would be able to require a medical certificate for any medical leave with pay (but for medical leaves without pay, only where it is at least three days). Bill C-3 may change before it is passed and additional rules may follow in supporting regulations.
After introducing Bill C-3, the Minister of Labour Seamus O’Regan advised that the government will engage in consultations with federally-regulated employers and workers to better understand the impact of these changes on their workplaces and local realities.
While these legislative amendments would only impact federally-regulated employers and employees, paid medical leave remains a topical issue in the ongoing fight against the COVID-19 pandemic. Just two days before the federal government’s announcement, the British Columbia government announced that it would be amending its provincial employment standards legislation to provide a minimum of five days of paid sick leave per year as of January 1, 2022.
This will remain an area to watch for all Canadian employers.
This client update is provided for general information only and does not constitute legal advice. If you have any questions about the above, please contact a member of our Labour and Employment group.
Click here to subscribe to Stewart McKelvey Thought Leadership.
Archive
Rick Dunlop In my December 15, 2016 article, Federal Government’s Cannabis Report: What does it mean for employers?, I noted the Report’s1 suggestion that there was a lack of research to reliably determine when individuals are impaired…
Read MoreRick Dunlop and Michelle Black On March 14, 2014, CanMar Contracting Limited (“CanMar”) granted a day off to two of its hard working and longer serving employees so they could spend time with their respective families. That…
Read MoreJoe Thorne and Meaghan McCaw The doctrine of unconscionability is an equitable remedy available in exceptional circumstances where a bargain between parties, be it a settlement or a release, may be set aside on the basis that…
Read MoreJonathan Coady After more than five years, the Prince Edward Island Information and Privacy Commissioner (the “Privacy Commissioner”) has completed her review into more than sixty records withheld by a local school board on the…
Read MorePeter McLellan, QC & Richard Jordan Introduction On February 21, 2017 the Nova Scotia Government passed Bill 75 – the Teachers’ Professional Agreement and Classroom Improvement (2017) Act. This Bulletin will provide some background to what is, today,…
Read MoreBruce Grant, QC and Justin Hewitt In the recent decision of Scotia Mortgage Corporation v Furlong1 the Supreme Court of Newfoundland and Labrador confirmed that where a law firm acts jointly for the borrower and lender in the placement…
Read MoreThe Supreme Court of Canada released its decision in Sabean v Portage La Prairie Mutual Insurance Co, 2017 SCC 7 at the end of January, finally answering an insurance policy question that had divided the lower…
Read MoreIn preparing for the 2017 proxy season, you should be aware of some regulatory changes and institutional investor guidance that may impact disclosure to, and interactions with, your shareholders. This update highlights what is new…
Read MorePerlene Morrison and Hilary Newman During the fall 2016 legislative sitting, the Province of Prince Edward Island passed legislation that results in significant changes to the Planning Act. The amendments received royal assent on December 15, 2016 and…
Read MoreJoe Thorne1 and Justin Hewitt2 In Unifund Assurance Company v Churchill,3 the Newfoundland and Labrador Court of Appeal considered the application of our rules of court and the common law as they relate to disclosure of documents produced in…
Read More