Upcoming Changes to the Canada Labour Code

10 Days of Paid Sick Leave for Federally Regulated Private Sector Employees

On November 26, 2021, the Federal Government introduced a bill that would amend the Canada Labour Code to provide 10 days of paid sick leave per year for federally regulated private sector employees.

Under the new amendments:

• After one continuous month of employment, an employee will earn one day of paid sick leave at the beginning of each month, up to a maximum of 10 days per calendar year.
• For each day of sick leave, the employer must pay the employee their regular rate of wages for their normal hours of work. There is currently no formula for determining sick pay, however, it will likely be similar to calculating statutory (general) holiday pay.
• Accrued and unused medical leave of absence will carry over to the following calendar year but the maximum number of available sick days in any calendar year is 10.
• An employer can request that a worker provide a certificate from a health care practitioner stating that the employer is incapable of working for the period of the medical paid sick leave. The request must be made in writing and no later than 15 days after the employee’s return from leave.

The Bill is currently in second reading. We will monitor its progress and provide an update once it has passed but it is expected to pass with opposition support in the near future.  Employers should prepare to implement it in January, 2022.

Mandatory COVID-19 Vaccination Proposed for Federally Regulated Workplaces

The Federal Government has recently proposed regulations under the Canada Labour Code that would make COVID-19 vaccination mandatory in all federally regulated workplaces for all employees, regardless of their role and COVID risk. The Government will consult with key stakeholders about the new regulations, which are planned to come into force in early 2022.

Our readers will already be aware that mandatory vaccination requirements are in place for the federal public sector, certain employees working in federally regulated air, rail, and marine transportation sectors, and travelers. Under the proposed regulations, employees in the remaining federally regulated workplaces, such as international and interprovincial trucking, telecommunications, television and cable and banking, will also be required to be vaccinated.

Again, this regulation is expected to be in force early in the new year.

If you want more information on either of the upcoming changes, you can contact us at:

Geoffrey Howard:          ghoward@howardlaw.ca

604 424-9686

Sebastian Chern:            schern@howardlaw.ca

604 424-9688