Human Resources Legislative Update
Proposed Regulations Amending Certain Regulations Made Under the Canada Labour Code (Medical Leave with Pay) Published for Comment
Date: July 18, 2022
On July 16, 2022, the federal government published Regulations Amending Certain Regulations Made Under the Canada Labour Code (Medical Leave with Pay), proposed regulatory amendments to give effect to the new paid medical leave provisions under the Canada Labour Code (Code), which are not yet in force. The leave, enacted by Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code as amended by Bill C-19, Budget Implementation Act, 2022, No. 1, provides eligible federally regulated employees with ten days of medical leave with pay. (See our Federal Post of May 5, 2022, Federal Budget Bill Proposes Amendments to 10 Days’ Paid Medical Leave of Absence under Canada Labour Code).
Key highlights of the government’s proposed regulatory amendments include, among other things:
- Clarifying that the definition of “regular rate of wages” found in section 17 of the Canada Labour Standards Regulations applies to the paid medical leave
- Creating new record-keeping provisions for employers related to each period of paid medical leave taken by an employee (the date of commencement and end of each leave period, the year of employment in respect of which the leave is earned, the number of days of leave carried over from a previous year, a copy of any written request for a medical leave certificate and a copy of any medical certificates provided by employees)
- Requiring employers who use a year, other than a calendar year, to calculate the entitlement to annual vacation of their employees to use that same year for the purposes of determining paid medical leave entitlements
- Classifying violations of the new paid medical leave and the related record-keeping requirements for the purposes of the Code’s administrative monetary penalties regime.
The proposed regulations are intended to come into force on the day on which section 7 of Bill C-3 comes into force (which will be no later than December 1, 2022, unless an earlier date is established through an order of the Governor-in-Council).
The federal government is inviting suggestions and comments to its proposed regulations. Comments can be made directly through the Canada Gazette website or via email up to August 15, 2022.
Should you have questions, or require more information about how these changes may impact your organization, please contact your regular Hicks Morley lawyer.
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