Sick leave is a critical aspect of workplace well-being, providing workers with the necessary time to recover from illness without any additional stressors. In Canada, sick leave policies vary significantly across provinces and territories, influenced by local laws, employer practices, and collective agreements. This article delves into the complexities of sick time in Canada, exploring the legal framework, workers’ rights, and the differences between paid and unpaid leave. As workplaces evolve, understanding these policies is more important than ever for both companies and workers.
In Alberta, while this province does not mandate paid sick leave, there are a couple key aspects governed by provincial law and employment standards. Alberta’s Employment Standards Code does not require companies to offer paid sick leave; however, it does stipulate provision for unpaid job-protected leave for workers who are unable to work due to health-related reasons.
All workers who have been employed for at least 90 days are entitled to 5 days of unpaid personal and family responsibility leave. If the leave extends beyond 5 consecutive days, workers are entitled to take up to 16 weeks of unpaid sick leave. Companies may require medical documentation to support the absence. Unused sick leave days cannot carry over to the next calendar year.
In British Columbia, all workers who have been employed for at least 90 days are entitled to 5 days of paid sick leave and 3 days of unpaid sick leave per year. The paid sick leave entitlement applies to all workers covered by the Employment Standards Act, including part-time, full-time, temporary or casual workers. Workers need to be compensated their regular wages for these paid sick days. Sick days do not need to be taken consecutively. Unused leave does not carry over in the new year.
Manitoba’s Employment Standards Act provides certain unpaid, job-protected leaves of absence to eligible workers. While the legislation does not explicitly include a leave for personal illness, workers may utilize family leave for time off related to family responsibilities or personal health matters and are entitled to 3 days of unpaid leave after 30 days of employment.
In Newfoundland and Labrador, employers are required to provide workers with up to 7 days of unpaid sick and family responsibility leave per calendar year. Workers are eligible for leave if they have worked for at least 30 continuous days. For leaves that are 3 or more consecutive days long, workers must present a medical certificate for sick leave or a written explanation regarding family responsibility leave. Any unused portion of sick and family responsibility leave expires at the end of the calendar year, cannot carry over to the new year.
In Nova Scotia, workers are entitled to 3 days of unpaid, job protected sick leave per year. Companies cannot ask for a medical note unless the worker missed more than 5 consecutive working days due to sickness or injury. A medical note can also be requested if the worker has already had at least two non-consecutive absences of 5 or fewer days due to sickness or injury in the preceding 12-month period.
In Ontario, workers are entitled to up to 3 unpaid sick leave days per year once they have been employed for at least two consecutive weeks whether they are employed on a full or part-time basis. These can be due to personal illness, injury or medical emergency. The 3 days of leave do not have to be taken consecutively. A worker who misses part of a day to take the leave would be entitled to any wages they earned while working. Workers cannot carry over unused sick leave days to the next calendar year.
In Québec, after 90 days of service, workers are entitled to 2 days of paid sick leave per calendar year. These can be due to a non-work-related accident or illness, family obligations relating to the care, health or education of their child or their spouse’s child, informal caregiver for a family member or another person owing to their state of health, organ or tissue donation, domestic violence or sexual abuse or a criminal offence. Sick days do not carry over to the new calendar year.
After paid leave expires, workers are entitled to an additional 26 weeks of unpaid, job-protected leave. Whether the worker is part-time, full-time or paid by commission, days of absence with pay are calculated the same way as statutory holiday pay.
Saskatchewan’s Employment Standards Act does not mandate paid sick leave; however, workers are entitled to unpaid sick leave or vacation pay may be used when a worker is away due to illness by mutual agreement between the employer and the worker. The payment should be identified as vacation pay on the statement of earnings and the amount of vacation pay will be reduced by the amount paid to cover the time away from work due to illness.
A worker’s vacation leave entitlement is not reduced if vacation pay is paid out while they are away due to illness or injury. For unpaid leave, workers can take up to 12 weeks for personal illness or injury. For absences longer than 5 consecutive days, a medical certificate may be required.
Understanding sick time and pay in Canada is essential for promoting a healthy and supportive work environment. As outlined in this blog, the landscape of sick leave varies significantly across provinces and territories, reflecting diverse legal frameworks and company practices. Some provinces mandate paid sick leave, others offer unpaid options, highlighting the importance of awareness among both companies and workers.
While there are established laws governing sick leave and pay, companies have the flexibility to provide additional sick time and compensation as well. By providing additional sick time and pay, this allows organizations to align their policies with their goals for workers’ benefits and support a healthier workforce. Empowering workers with the right to take time off when they need it not only fosters a healthier workforce, but also cultivates a sense of trust and loyalty between them.
TCWGlobal can assist organizations in navigating the complexities of sick leave policies across different provinces. With expertise in local regulations, we help companies ensure compliance while tailoring their policies to meet both legal requirements and worker’s needs. For more information you can also visit our Canada Country Hiring Guides.
* If you are seeking information for the following provinces: New Brunswick, Northwest Territories, Nunavut, Prince Edward Island, and Yukon, please reach out to TCWGlobal.