Anaya Nolan
In Canada, paid sick leave is not mandated by federal law. However, in recent years, several provinces have introduced legislation requiring employers to provide paid sick leave. These provinces include British Columbia, Prince Edward Island, and Quebec. In British Columbia, for example, employees are entitled to 5 days of paid sick leave per year after working for the same employer for at least 90 days. In Quebec, employees are entitled to 2 days of paid leave per year for sick leave or personal/family reasons after working for the same employer for at least 3 months. While not federally mandated, the proportion of employees with paid sick leave in Canada has been increasing, with 64.0% of employees indicating they had access to paid sick leave in 2023.
| Characteristics | Values |
|---|---|
| Is paid sick leave mandated by law in Canada? | In Canada, short-term sick leave regulations are primarily under provincial jurisdiction, which has led to different policies being implemented across the provinces. Starting in 2022, employees in federally regulated private sector workplaces, such as air transportation and telecommunications, can accrue up to 10 days of paid sick leave per calendar year. |
| Provinces that mandate paid sick leave | British Columbia, Prince Edward Island, and Quebec also require employers to provide paid sick leave to employees who reach a minimum number of continuous days worked for the same employer. |
| Number of days mandated | In British Columbia, employees are entitled to 5 days of paid sick leave after working for 90 days for the same employer. In Quebec, employees are entitled to 2 days of paid leave per year after working for the same employer for at least 3 months. |
| Other characteristics | Paid sick leave can support workers through periods of illness, promote better health outcomes, boost worker productivity, and increase overall labor force participation. |
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What You'll Learn
Three provinces mandate paid sick leave
In Canada, short-term sick leave regulations are primarily under provincial jurisdiction, and this has resulted in different policies being implemented across the provinces. Three provinces currently mandate paid sick leave: British Columbia, Prince Edward Island, and Quebec.
In British Columbia, employees are entitled to five days of paid sick leave per year for any personal illness or injury. This applies to all employees covered by the Employment Standards Act (ESA), including full-time, part-time, temporary, or casual employees. To be eligible for paid sick days, employees must have worked for their employer for at least 90 days. This entitlement is in addition to the three days of unpaid sick leave provided by the ESA.
In Quebec, employees are entitled to two days of paid leave per year, which can be used for sick leave, personal reasons, or family reasons. This leave is available to employees who have worked for the same employer for at least three months.
Prince Edward Island also requires employers to provide paid sick leave to employees who reach a minimum number of continuous days worked for the same employer.
While the federal government has recently amended the Canada Labour Code to provide paid sick leave to employees in the federally regulated private sector, most jurisdictions do not require employers to provide paid sick leave. As such, access to paid sick leave in Canada largely depends on employer policies and collective bargaining negotiations.
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British Columbia's permanent paid sick leave
In Canada, short-term sick leave regulations are primarily under provincial jurisdiction, which has resulted in different policies being implemented across the provinces. While most jurisdictions do not require employers to provide paid sick leave, British Columbia is the first province to implement a permanent paid illness or injury leave.
In British Columbia, employees are entitled to 5 days of paid sick leave per year, in addition to the 3 days of unpaid sick leave provided by the Employment Standards Act (ESA). Both full-time and part-time employees are eligible for this benefit, and it applies to all employees covered by the ESA, including part-time, temporary, or casual employees. To be eligible for paid sick days, employees must have worked for their employer for at least 90 days, and employers may request reasonably sufficient proof of illness.
The implementation of permanent paid sick leave in British Columbia is a significant step forward, as it allows employees to take time off without losing wages. Previously, many employees without access to paid sick leave reported going to work sick or returning before fully recovering, which could potentially impact their health and the health of their colleagues. With this new regulation, British Columbia aims to create a fair, balanced, and reasonable system for both workers and employers.
The paid sick leave policy in British Columbia is a positive example of how provinces in Canada can support their workforce and promote better health outcomes and increased productivity. It is a step towards ensuring that employees no longer have to choose between their health and their wages, and it will be interesting to see if other provinces follow suit in mandating paid sick leave.
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Quebec's paid sick leave
In Canada, short-term sick leave regulations are primarily under provincial jurisdiction, resulting in different policies being implemented across provinces. In Quebec, employees are entitled to two days of paid leave per year for sick leave, personal, or family reasons. This is after working for the same employer for at least three months. These days may be divided into hours if authorised by the employer. However, they may not be carried over to the following year or cashed out.
Quebec's leave laws include several types of paid and unpaid sick leave, depending on the type of illness or injury and whether it involves an employee or their family member. Employees may take job-protected leave from work for ten days a year to fulfil family or parental obligations relating to the care, health, or education of their child or their spouse's child. The first two days are paid after three months of uninterrupted service for the employer. If the employer agrees, these days of absence may be divided into half-days or hours. For instance, if an employee only needs half a day off to take their child to the doctor, they can take just half a day off.
Long-term leaves include absences without pay beyond the aforementioned scenarios and typically involve serious illness or injury to the employee or a close family member. In Quebec, workers are entitled to statutory general holidays, leave for certain family events, and time off to care for loved ones. Workers, whether full-time or part-time, are entitled to a vacation each year and an indemnity. A worker may be absent from work due to an illness or accident, whether or not it is related to their work.
In 2023, 64.0% of employees in Canada had access to paid sick leave in their main job, up from 61.9% in 2022 and 59.7% in 2021. At the provincial level, Quebec had the second-highest proportion of employees with paid sick leave at 69.0%, just behind British Columbia at 69.1%.
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Federally-regulated private sector workers' paid sick leave
In Canada, short-term sick leave regulations are primarily under provincial jurisdiction, which means that different policies are implemented across the provinces. However, as of 2022, employees in federally regulated private sector workplaces, such as air transportation and telecommunications, can accrue up to 10 days of paid sick leave per calendar year.
In British Columbia, employees are entitled to 5 days of paid sick leave per year, which can be taken for any personal illness or injury. This entitlement is in addition to the 3 days of unpaid sick leave provided by the Employment Standards Act (ESA). To be eligible for paid sick days, employees must have worked for the same employer for at least 90 days. The ESA covers all employees, including part-time, temporary, and casual employees, but does not cover federally regulated sectors, self-employed workers, or certain professions and occupations.
In Quebec, employees are entitled to 2 days of paid leave per year, which can be used for sick leave, personal reasons, or family reasons, after working for the same employer for at least 3 months. While there is no federal legislation mandating paid sick leave for all employees in Canada, the Canada Labour Code outlines certain rights and responsibilities regarding medical leave. For example, employees intending to take a medical leave of absence must provide written notice to their employer at least four weeks in advance, unless there is a valid reason for not doing so. Additionally, each day of medical leave with pay is considered wages and must be paid at the employee's regular rate for their normal hours of work.
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Paid sick leave and employer reimbursement
In Canada, short-term sick leave regulations are primarily under provincial jurisdiction, which has led to different policies being implemented across the provinces. While the number of organizations offering their employees sick leave, whether paid or unpaid, is increasing, most jurisdictions do not require employers to provide paid sick leave. As such, access to paid sick leave depends largely on employer policies and collective bargaining negotiations.
In 2023, 64.0% of employees in Canada indicated having access to paid sick leave in their main job, a proportion that has been trending upward since 2021. In British Columbia, employees are entitled to 5 days of paid sick leave per year for any personal illness or injury after working for the same employer for at least 90 days. This entitlement is in addition to the 3 days of unpaid sick leave provided by the Employment Standards Act. Both full- and part-time employees are eligible for this benefit. Similarly, in Quebec, employees are entitled to 2 days of paid leave per year (for sick leave, or personal or family reasons) after working for the same employer for at least 3 months.
Starting in 2022, employees in federally regulated private sector workplaces, such as air transportation and telecommunications, can accrue up to 10 days of paid sick leave per calendar year. This was introduced through Bill C-3, which amends the Canada Labour Code to provide 10 days of paid sick leave per year to workers in the federally regulated private sector.
The Canada Labour Code outlines certain requirements for employees taking medical leave. Employees must give written notice to their employer of the expected duration of the leave at least four weeks before it begins, unless there is a valid reason for not doing so. Employees must also provide written notice of any change in the length of their leave as soon as possible. Additionally, employers must continue to pay contributions during an employee's medical leave, maintaining at least the same proportion as if the employee were not absent.
While employers could previously apply for reimbursement for COVID-19-related paid sick leave wages through the Employer Reimbursement Program, there is currently no reimbursement opportunity for Paid Sick Leave.
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Frequently asked questions
Paid sick leave is mandated by law in some provinces in Canada, such as British Columbia, Prince Edward Island, and Quebec. In 2023, 64% of employees in Canada had access to paid sick leave in their main job.
Employees in British Columbia are entitled to 5 days of paid sick leave per year after working for the same employer for at least 90 days. This includes both full-time and part-time employees.
Yes, in Canada, most jurisdictions do not require employers to provide paid sick leave. Access to paid sick leave in these provinces depends on employer policies and collective bargaining negotiations.
Yes, in 2022, the federal government introduced legislation to provide 10 days of paid sick leave to workers in the federally-regulated private sector. This includes sectors such as air transportation and telecommunications.
There is a growing trend towards providing paid sick leave in Canada, with an increasing number of organizations offering this benefit to their employees. The COVID-19 pandemic has also influenced this development, with some provinces considering mandating paid sick leave in response to the health crisis.
