Employment lawyer on implementing paid sick day programs

Interview Summary

Throughout the pandemic, many have questioned the importance of paid sick days for employees.

While Employment and Social Development Canada is considering a law that would force employers in federally regulated jobs to offer ten days of paid sick leave, many employees would not be a part of this implementation.

What rights do employers have if forced to offer ten paid sick days? Can employees take sick leave without being penalized?

An Ottawa employment lawyer at Samfiru Tumarkin LLP spoke with Rubina Ahmed-Haq on 640 Toronto to answer these questions and more on employee rights.

Interview Notes

• Mandating paid sick days for federally regulated employees: Federally regulated employees are generally pleased with the implementation of paid sick days. It is important to note, however, that most employees in Ontario are provincially regulated and there is no matching requirement on the provincial side.
• Employees forced to work while sick: Unfortunately, it’s not uncommon for employees to work while they were ill because they weren’t able to take time off. In Ontario, employees have a right to take up to three sick days however they are unpaid. Many employers in Ontario provide a paid sick day program for their employees. Employees that do not take prolonged leave, can apply for EI sickness benefits.
• Paid sick days influenced by COVID-19: The pandemic has introduced a huge shift regarding paid sick days and workplaces. Employees cannot be penalized or terminated by their employers as a result of an illness or disability. The Ontario government did implement three paid sick days as a part of the Infectious Disease Emergency Leave for employees to recover and isolate as a result of COVID-19.
• Small businesses and paid sick days: A concern for many small business owners is the ability to implement paid sick days and staffing shortages. Many business owners have decided to increase the costs of their products in order to offer their staff employees paid sick leave.