Cecily Zamora
The availability of paid sick days in Canada varies across provinces and territories, reflecting diverse legal frameworks and company practices. While some provinces mandate paid sick leave, others offer unpaid options, and companies have the flexibility to provide additional sick days and compensation. Federally regulated industries such as airlines, railways, trucking, banking, and telecommunications are required to provide up to 10 paid sick days per year for their employees. Provinces like British Columbia and Quebec have also introduced legislation granting workers up to 5 and 2 paid sick days, respectively. However, in provinces like Alberta and Ontario, there is no mandate for paid sick leave, but provincial laws govern key aspects related to unpaid job-protected leave for health-related reasons.
| Characteristics | Values |
|---|---|
| Is paid sick leave mandatory in Canada? | Yes, but only for federally-regulated industries. |
| Which industries are covered by the federal mandate? | Airlines, railways, trucking, banking, telecommunications, postal services. |
| How many paid sick days are provided under the federal mandate? | 10 days per year. |
| When did the federal mandate take effect? | December 1, 2022. |
| Are there any provinces with their own paid sick leave mandates? | Yes, British Columbia, Quebec, Newfoundland and Labrador, and Manitoba have their own mandates. |
| How many paid sick days are provided in British Columbia? | 5 days per year. |
| Do employees in British Columbia also have unpaid sick leave? | Yes, they are entitled to 3 days of unpaid sick leave per year. |
| How many paid sick days are provided in Quebec? | 2 days per year. |
| Do employees in Quebec also have unpaid sick leave? | No information found. |
| How many paid sick days are provided in Newfoundland and Labrador? | Up to 7 days of unpaid sick leave per calendar year. |
| Do employees in Newfoundland and Labrador also have paid sick leave? | No information found. |
| Does Manitoba have paid sick leave? | No, but it provides certain unpaid, job-protected leaves of absence. |
| Are there any provinces without a paid sick leave mandate? | Yes, Alberta does not have a mandate but provides unpaid job-protected leave. |
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What You'll Learn
Paid sick leave laws vary across provinces
Paid sick leave laws vary across Canada's provinces and territories, reflecting diverse legal frameworks and company practices. While some provinces mandate paid sick leave, others offer unpaid options.
In Ontario, workers are entitled to up to three 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. However, employees cannot be required to provide a medical certificate for taking sick leave under the ESA starting October 28, 2024.
In Quebec, after 90 days of service, workers are entitled to two paid sick leave days per calendar year. These can be due to non-work-related accidents or illnesses, family obligations, or other reasons.
Alberta's Employment Standards Code does not require companies to offer paid sick leave. However, it stipulates provisions for unpaid job-protected leave for workers unable to work due to health-related reasons. Workers who have been employed for at least 90 days are entitled to five days of unpaid personal and family responsibility leave.
In British Columbia, workers who have been employed for at least 90 days are entitled to five days of paid sick leave and three days of unpaid sick leave per year. This applies to all employees covered by the Employment Standards Act (ESA), including part-time, temporary, or casual employees.
Additionally, federally regulated industries such as airlines, railways, trucking, banking, and telecommunications are required to provide up to ten paid sick days per year for their employees. This legislation came into effect on December 1, 2022, and set an example for provincial governments to follow suit.
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Eligibility requirements for paid sick leave
In Canada, eligibility for paid sick leave depends on the province and the employer's policies. Here are the eligibility requirements for paid sick leave in various provinces:
British Columbia
In British Columbia (B.C.), workers are entitled to five paid sick leave days and three unpaid sick leave days per year. This applies to all workers covered by the Employment Standards Act (ESA), including part-time, full-time, temporary, and casual employees. To be eligible for paid sick days, employees must have worked for their employer for at least 90 days.
Ontario
In Ontario, there is no specific mention of paid sick leave in the sources provided. However, employees have the right to take up to three days of unpaid job-protected sick leave each calendar year due to personal illness, injury, or medical emergency. This leave is available to both full-time and part-time workers who have worked for their employer for at least two consecutive weeks.
Alberta
Alberta does not mandate paid sick leave. However, the province's Employment Standards Code stipulates provision for unpaid job-protected leave for workers who are unable to work due to health-related reasons. Workers who have been employed for at least 90 days are entitled to five days of unpaid personal and family responsibility leave. If the leave extends beyond five consecutive days, workers can take up to 16 weeks of unpaid sick leave.
Quebec
In Quebec, workers are entitled to two days of paid sick leave per calendar year after 90 days of service. This leave can be due to a non-work-related accident, illness, or family obligations.
Manitoba
Manitoba's Employment Standards Act provides certain unpaid, job-protected leaves of absence, including family leave that can be used for time off related to personal health matters. Workers are entitled to three days of unpaid leave after 30 days of employment.
Newfoundland and Labrador
In Newfoundland and Labrador, employers must provide workers with up to seven days of unpaid sick and family responsibility leave per calendar year.
It is important to note that the laws and policies regarding sick leave may vary across different provinces and employers in Canada. Additionally, some employers may provide their own paid sick leave or short-term disability plans. Therefore, it is always advisable to check with your specific province's legislation and your employer's policies to understand the exact eligibility requirements for paid sick leave.
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Employment Standards Act (ESA)
The Employment Standards Act (ESA) outlines the rules and guidelines regarding various aspects of employment, including sick leave. While the ESA does not mandate paid sick leave, it provides certain protections and entitlements for employees.
In Ontario, the ESA grants employees the right to take up to three days of unpaid job-protected sick leave each calendar year due to personal illness, injury, or medical emergency. This entitlement applies to most employees, regardless of whether they work full-time or part-time, as long as they have been employed for at least two consecutive weeks. It is important to note that employees cannot be required to provide a medical certificate or note from a qualified health practitioner to take sick leave under the ESA.
The ESA also specifies that if an employment contract includes provisions for paid sick days, these days will count against both the contract entitlements and the ESA's sick leave entitlement. For example, if an employee takes one paid sick day under their contract, they are considered to have used one of their three sick leave days under the ESA.
In British Columbia, the BC ESA provides for five days of paid sick leave and three days of unpaid sick leave per year for eligible employees. To be eligible, employees must have been employed for at least 90 days and must meet the criteria set out by the BC ESA, as certain professions are excluded, such as lawyers and accountants.
It is worth noting that the ESA covers a range of other topics related to employment, including minimum wage, hours of work limits, termination of employment, public holidays, pregnancy and parental leave, severance pay, and vacation. Additionally, the ESA prohibits employers from misclassifying employees as independent contractors or other types of workers not covered by the ESA.
While the ESA provides a baseline of protections for employees, it is important to note that individual employment contracts or collective agreements may provide greater rights or benefits. In such cases, the terms of the contract or agreement would take precedence over the ESA's standards.
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Unpaid sick leave
In Canada, the number of unpaid sick leave days that an employee is entitled to varies across provinces and territories, reflecting diverse legal frameworks and company practices. Here is a breakdown of the number of unpaid sick leave days allowed in different provinces:
Alberta
The province of Alberta does not mandate paid sick leave. However, Alberta's Employment Standards Code stipulates provision for unpaid job-protected leave for workers who are unable to work due to health-related reasons. 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 can take up to 16 weeks of unpaid sick leave.
British Columbia
In British Columbia, workers who have been employed for at least 90 days are entitled to 3 days of unpaid sick leave per year, in addition to 5 days of paid sick leave.
Ontario
In Ontario, workers are entitled to up to 3 unpaid sick leave days per year for personal illness, injury, or medical emergency after being employed for at least two consecutive weeks. These days do not need to be taken consecutively, and workers are entitled to any wages they earned while working if they only took a partial day off.
Quebec
Under an Act Respecting Labour Standards in Quebec, workers are entitled to 2 days of paid sick leave per calendar year after 3 months of employment. However, this can also be used to take care of a relative or a person for whom they act as an informal caregiver.
Yukon
In Yukon, under the Yukon Employment Standards Act, workers are entitled to 1 unpaid day of sick leave for every month they have been employed by their current employer, up to a maximum of 12 days.
Northwest Territories
In the Northwest Territories, workers are entitled to 5 unpaid days in each 12-month period for sick leave or family responsibility leave after 30 continuous days of employment with the same employer.
Newfoundland and Labrador
Under the Newfoundland and Labrador Labour Standards Act, workers are entitled to 7 unpaid days of leave for sick leave or family responsibility leave in a year after 30 continuous days of employment with the same employer.
National Level
At the national level, the Canada Labour Code provides for 5 days of leave in a calendar year for sick leave or the health or care of any family members, including 3 paid days after 3 months of continuous employment. Additionally, during the COVID-19 pandemic, there was an unspecified number of unpaid days provided for those who were in isolation or quarantine or those who needed to care for family and children due to school or daycare closures.
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The impact of the pandemic on sick leave
The COVID-19 pandemic has had a profound impact on sick leave policies in Canada, with the federal government and several provinces introducing various measures to support workers and their families. The pandemic has highlighted the importance of sick leave in protecting incomes, public health, and jobs. Here is a detailed look at the impact of the pandemic on sick leave in Canada:
Expansion of Sick Leave Benefits
The pandemic prompted the Canadian government and many provinces to expand sick leave benefits to include paid and unpaid, job-protected leave options. The Canada Recovery Sickness Benefit (CRSB) and the Canada Recovery Caregiving Benefit (CRCB) were introduced to provide income support to workers who had to stay home due to illness or caregiving responsibilities. These benefits aimed to make it easier for Canadians to follow public health advice and stay home if they were sick or exposed to COVID-19. Additionally, provinces like British Columbia, Alberta, and Ontario introduced their own paid and unpaid sick leave policies to support their residents during the pandemic.
Increased Awareness and Advocacy for Paid Sick Leave
The pandemic has brought to light the inadequacies of Canada's sick leave policies, with many workers lacking access to paid sick days. This situation has particularly affected low-wage earners and frontline workers, who are at higher risk of infection and may not have the financial means to take unpaid leave. As a result, health groups and advocates have called for permanent paid sick days to be mandated by law, arguing that it is a public health and economic imperative. These advocates have highlighted the disproportionate impact of COVID-19 outbreaks on vulnerable workers and the potential for paid sick days to reduce transmission and protect the economy.
Temporary Nature of Crisis Response Policies
While many countries, including Canada, introduced or expanded paid sick leave policies during the pandemic, most of these policies were temporary and limited to COVID-19-related illnesses or quarantine situations. This temporary nature of crisis response policies highlights the need for more permanent solutions to ensure that workers have access to paid sick leave, regardless of the circumstances.
Impact on Specific Provinces
The pandemic has had varying impacts on sick leave policies across different provinces in Canada. For example, Ontario had previously legislated two paid sick days a year in 2018, but this was repealed by the current government. During the pandemic, this lack of legislated minimum paid sick days was criticized as a threat to public health and the economy, especially with the risk of COVID-19 outbreaks. In contrast, provinces like British Columbia and Quebec have introduced or maintained paid sick leave options, providing some relief to residents during the pandemic.
Changes in Workplace Culture and Employer Practices
The pandemic has also influenced workplace culture and employer practices regarding sick leave. There is a growing recognition among employers that providing paid sick days does not harm the economy or their businesses. Additionally, the pandemic has emphasized the importance of physical distancing and reducing transmission by encouraging employees to stay home when sick, which has led to a shift in attitudes toward sick leave as a necessary precaution rather than a mere benefit.
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Frequently asked questions
No, it varies by province. For example, in Alberta, paid sick leave is not mandated, while in British Columbia, employees are entitled to 5 days of paid sick leave and 3 days of unpaid sick leave per year.
Yes, the employee must have been employed for at least 90 days.
Yes, part-time and temporary employees are entitled to paid sick leave, as long as they meet the eligibility criteria.
No, paid sick days do not need to be taken consecutively.
No, the employee must have an illness or injury that prevents them from attending work to claim a paid sick day.
