Does Surrey’s sick day incentive program discriminate against employees?

Interview Summary

The City of Surrey in British Columbia has decided to implement an incentive program for employees who choose not to take advantage of paid sick days. Employees who come to work despite a possible illness could be offered additional compensation with a bonus.

Will this program cause potential problems for the health and safety of the workplace? What can employees do if they have a medical condition?

A Vancouver employment lawyer at Samfiru Tumarkin LLP spoke to Mike Smyth on 980 CKNW to answer these questions and more on employee rights.

Interview Notes

• Bonus for employees who come to work despite illness: It is an interesting policy when one takes into consideration the recent COVID-19 pandemic and rising cases once again. There are questions regarding the responsibility of this incentive program which could pose a huge problem for workplaces in the future.
• Job-protected leave and employee rights: Under the Employment Standards Act employers must provide employees with job-protected sick leave. An incentive program could be seen as penalizing employees for taking job-protected leaves.
• Effectiveness of incentive programs for workplaces: Ultimately many ill people will come to work as a result of this benefit program. It will be important to determine what the rights of employees with chronic illnesses or medical conditions will be with this program as this incentive could be considered discriminatory.
• Pushback on paid sick days: Many people are using paid sick days when needed. The messaging over the past two years from both the provincial government and healthcare officials has been to be responsible when ill and not go to work if sick.
• Fired for taking sick leave: Unless an employee is being discriminated against, an employer can terminate an employee for any reason as long as adequate severance is paid. Terminations as a result of illness or medical condition are considered to be human rights violations.
• Legal job application questions: Employers are permitted to ask certain questions in the process of employment and the context of the questions does matter. Employers cannot implement questions with the purpose of discriminating and not hiring certain employees.
• Incentive bonus considered taxable income: The bonus offered to employees would still be taxed as it is considered a form of income.