On November 24, 2021, after a lengthy consultation process, the government announced that all employees are now entitled to five paid sick days per year, commencing on January 1, 2022. This is in addition to the three unpaid sick days permitted under the Employment Standards Act.
All eligible employees are entitled to the five paid sick days. An eligible employee includes full-time, part-time, temporary and casual employees who are covered by the Employment Standards Act. Employees must have worked with the employer for at least 90 days to be entitled to the paid sick days.
Employers are permitted to ask for reasonably sufficient proof of injury or illness.
Paid sick leave is to be paid in accordance with the following formula:
amount paid ÷ days worked
where
the “amount paid” is the amount of wages earned for work performed within the 30 calendar day period preceding the leave, including vacation pay paid out or payable for vacation within that period, less any amounts paid or payable for overtime, and
“days worked” is the number of days the employee worked or earned wages within that 30 calendar day period.
Travis Sippel is one of the leading employment lawyers on Vancouver Island. He works with both employees and employers on a variety of employment matters, including employment contracts, workplace policies and procedures, wrongful terminations, constructive dismissal claims, workplace investigations and human rights complaints.
Travis Sippel can be contacted by phone at 1-250-824-2423 or via email at travis@bradburysippel.com.