Paid sick days coming to federally regulated carriers

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It is not easy being an employer during a pandemic. They’re dealing with lockdowns and layoffs or grappling with the opposite problem — labour shortages. On top of those concerns, an employer has a duty to ensure a safe work environment.

One of the issues that the pandemic has brought to light is the fact that many workplaces do not provide employees with paid sick days. When facing lost pay if they stay home while unwell, or when a family member is unwell, some employees will report to work, putting others at risk of getting sick.

paid sick leave
(Illustration: istock)

An employer whose workplace is governed by the Canada Labour Code, such as a cross-border or inter-provincial trucking company, will soon be required to provide employees up to 10 days of paid medical leave in each calendar year. Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code (Bill C-3), received Royal Assent in December.

Thirty days after the amendments come into force (the date has yet to be set), employees will earn their first three days of paid medical leave, which can be used for the employee’s personal illness, injury, or organ or tissue donation. Employees who start work on a day after these amendments come into force will have to complete 30 days of continuous employment before earning that amount. After 60 days of continuous employment, they will earn another day of paid medical leave at the start of each month, up to a maximum of 10 days. In each subsequent calendar year, after completing one month of continuous employment, the employee earns one day of paid medical leave at the beginning of each month, up to a maximum of 10 days. 

An employee on this paid medical leave is to be paid their regular rate of wages for their normal hours of work. Each day of paid medical leave that the employee does not take in a calendar year is carried over to the following calendar year and counts towards the 10 days that can be earned in that new year. An employer can require the employee to provide a certificate from a health care practitioner for any paid medical leave of at least five consecutive days, so long as the request is in writing and made no later than 15 days after the employee returns to work.

This paid medical leave applies only to an absence due to the employee’s own illness or injury.  Under the Canada Labour Code an employee may also be eligible for up to five days of personal leave in each calendar year to carry out responsibilities related to the health or care of their family members or relating to the education of any family member under the age of 18, or to deal with any urgent matter concerning themselves or their family members. After an employee has completed three consecutive months of continuous employment, the first three days of the personal leave are paid.

It is hoped that the provinces and territories will follow the federal government’s lead and increase, or in the case of many jurisdictions introduce, a reasonable number of paid sick days. The message to employers is clear – access to paid sick leave is an important part of ensuring a safe work environment for all.

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Carole McAfee Wallace is a partner at Gardiner Roberts LLP, and can be reached at 416-203-9551. This column is intended for information purposes only and does not constitute legal advice.


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  • This is what I and others have been wanting for the last 5 years along with better overtime pay and medical coverage for OT R drivers. I hope the C T A will support this

  • Good luck with this.
    Under the Canada Labour Code all employees are entitled to overtime pay. For hall drivers not covered by a collective agreement or other arrangement, it’s for all hours more than 60 hours in a week.
    For hourly paid workers it’s one and a half times the normal hourly rebate.
    For mileage paid drivers it’s slightly different. You take an average of the normal miles driven in one hour. Next multiply that by the mileage rate. This figure becomes your hourly rate. From there it’s still time and one half pst 60 hours.
    The fact that most trucking companies don’t pay overtime does NOT relieve them of their obligation to pay overtime.
    Here’s a thought! How about getting the government to enforce what’s on the books now, before putting more stuff on paper that employers will ignore. It might even, i dare say it, help cure the self inflicted driver shortage.