New Sick Leave Legislation

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Dear Brothers & Sisters,
Having to choose between paying rent and bills, or going to work sick knowing you will infect your coworkers and patrons, shouldn’t be a decision workers should have to make.


The BC Government has approved sick leave for workers as of January 1st, 2022.
Our members will now be entitled to take up to 5 days of paid leave and 3 days unpaid leave per year for any personal illness or injury. However, your employer may request reasonable sufficient proof of illness. Members must be employed for 90 days to qualify for the sick days. 

This new sick leave benefit has been included in Section 49.1 of the Employment Standards Act (the “Act”). Therefore, the provision applies to employees,  regardless of whether they are under a collective agreement or not. 
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​If a collective agreement does not contain any provision relating to one of these subject areas, or if they do not meet or exceed the requirements of the Act, the corresponding Part or section of the Act as specified above, except section 37, is deemed to be incorporated into the collective agreement.
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Government links for more information
 Some Quick Questions and Answers on Sick Days
Question: Is 12% vacation pay applicable
Answer: Yes

Question: If the employee is working a short term shift premium (60 days or less) is the premium wage or the regular wage payable?
​Answer: Neither. Must pay “average day’s pay”. See legislation text for calculation.

Question: Are union remittances applicable? i.e. - H&W and pension contributions?
Answer: No. Only have to pay “average day’s pay”.

Question: Is CPP, EI, EHT and other source deduction applicable?
Answer: Yes. All federal and provincial taxes on income will apply.
 
Question: What is reasonably sufficient proof of illness?
Answer: Reasonable sufficient proof is not defined in the act.

Question: If the employee is not staying home during paid sick leave, other than to seek medical attention can this disqualify them from claiming sick leave?
Answer: Probably not. See above for lack of clarity on “reasonable sufficient proof”.

Question: Are the 90 days worked days or calendar days?
Answer: Calendar days.

Question: If an employee has worked with you 90 days prior to January 1, 2022 are they eligible January 1, 2022 for paid sick days?
Answer: Yes.

Question: Employees qualify for sick days if they are sick or injured. So if they injure themselves outside of work, are they eligible for paid sick leave? If they are injured during work would WorkSafe BC not take effect?
Answer: Yes and yes. The way it is written, time off for injuries outside of work can be claimed as sick days.  Injuries on the job would fall under WorksafeBC jurisdiction.

Question: As an employee if you are laid off and receive a ROE after 90 days and then rehired during the same calendar year does the 90 day term for eligibility restart?
Answer: Yes. Section 49.1 of the “Act” states that it must be 90 consecutive days of employment. When the ROE is issued, the employment relationship ends. Re-hiring the employee results in a new employment relationship and resets the 90 day requirement.

Question: What is the order of unpaid and paid sick leave?
Answer: 5 paid sick days first, then 3 unpaid. See section 49.1 (1) (a) and (b)

Question: Can an employee claim for more than 5 paid sick days if they work for multiple employers during the calendar year?
Answer: Yes. The act does not specifically deal with multiple employers.

Question: How will paid or unpaid sick days be reported to the union?
Answer: There is no requirement in the act to report to the union.

Question: How are paid or unpaid sick days going to be noted on the dispatch slip?
Answer: There is no requirement in the act to report sick days to/from the union/contractors.