Paid Sick Leave for BC Employees Starting January 1, 2022
Reading Time: 2 minutesOur Employment & Human Rights Lawyers have been fielding many questions from clients regarding the recent announcement by the provincial government that starting in January, employers will be required to provide 5 paid sick days to BC employees. Here are responses to those questions:
- The start date for the new 5 sick days is January 1, 2022, and new employees are eligible for the 5 sick days after 90 days of employment;
- The 5 paid sick days are in addition to the current 3 unpaid sick days, for a total of 8 sick days (5 paid and 3 unpaid) per year;
- If employers currently have a sick day policy that meets or exceeds the new 5 paid sick day requirements, we recommend they add wording to clarify that the paid sick days under an existing policy include the paid sick leave required by the BC Employment Standards Act (the “ESA”). This will avoid “doubling up” on sick days;
- Employers can ask for “reasonably sufficient proof” of an employee being sick. This may include in some cases , asking for a doctor’s note;
- Paid sick days only apply to employees – they do not extend to employees taking time off to care for a sick family member. There are however other provisions of the ESA which provide unpaid leave for employees who need to take time off to care for family members;
- It appears that unused sick days:
- don’t carry over from year to year; and
- may not have to be paid out on termination;
- The new sick day provisions will not apply to:
- employees working in the Federally-regulated sector; and
- employees in professions or occupations excluded from the ESA;
For more information about this post, or if you require support updating your policies, email Employment & Human Rights Lawyer, Georg D. Reuter at greuter@rbs.ca, or call at 604.661.9208.
-
Privacy issues have suddenly been appearing in the news, as we all grapple with COVID-19. What information can be disclosed about someone who is sick? What technology can we use to contain the spread? Can videoconference programs be used to help people work remotely? This blog post tries to give short answers to each of these questions, from a privacy law perspective.
-
The Court of Appeal decision of Café La Foret ltd v. Cho, 2023 BCCA 354 is a reminder to all employers that even misconduct such as sexual harassment will not always justify cause for dismissal. Context plays a big role in determining whether an employer has cause for dismissal.