10 days of paid sick leave proposed by Justin Trudeau

Will Canadian employees be entitled to 10 paid sick days?

Prime Minister Justin Trudeau has revealed that the federal government is involved in talks with the various provinces and territories about the concept of providing all Canadian workers with 10 paid sick days per year.

The idea has been brought to the forefront by NDP Leader Jagmeet Singh, who is demanding the change in exchange for his party’s support of a motion to limit sitting and House of Commons votes through the summer months.

“Our country needs workers to get our country back on track,” said the prime minister. “No one should have to choose between taking a day off work if they’re sick or being able to afford their rent.”

Trudeau indicated that his government is taking a look at other long-term options for workers and employees who need to take a sick leave during the coronavirus pandemic. He has previously said that he doesn’t want Canadians to feel forced to return to work if they potentially have COVID-19.

The prime minister said that a “number of premiers” support the idea of 10 days of paid sick leave.

READ MORE
• Doctor’s notes in Ontario
• B.C. employees and sick notes
• Alberta employers and sick notes

Special unpaid leave during coronavirus pandemic

In response to the coronavirus (COVID-19) outbreak, both the Ontario and BC governments introduced a special leave for workers. An employee in either province can take an unpaid, job-protected leave for as long as they need for as long as they need while retaining the right to be reinstated back into their employment.  This leave is temporary, but may last for as long as the individual qualifies for the leave.

This leave is retroactive to January 25, 2020 in Ontario, and January 27, 2020 in British Columbia.

Things to consider about this proposal

• It appears that provision of such leave will remain a provincial responsibility. Prime Minister Trudeau will have to convince the provinces to amend, either temporarily or permanently, each individual minimum standards statute.
• In respect of any province which has already passed provisions enabling unpaid leave for COVID-19 – such as Ontario and British Columbia – which now provides unpaid “infectious disease” leave, this may cause some confusion.
• Employers who already provide at least 10 or more paid sick days may be able to argue that any such new provisions do not apply to them.
• This will play further havoc with employer’s attendance management policies and programs, especially if the general principle – that anything which discourages an employee from using a statutory right is a reprisal – applies in this circumstance.
• Will an employer be permitted to ask for a doctor’s note as a condition of payment? An employer is prohibited form requesting a doctor’s note for the infectious disease leave in Ontario and BC.
• The government’s efforts and focus should remain on doing their best to make sure employees don’t get sick in the first place. This can be achieved by ensuring employers are taking their workplace health and safety obligations seriously, and that employees know what options they have if they believe their workplace is unsafe.