Update on the Incoming Paid Medical Leave Under the Canada Labour Code
Date: October 11, 2022
Federally regulated employers should be aware that amendments to the medical leave provisions of the Canada Labour Code are set to come into force on or before December 1, 2022. As set out below, we have clarified with Employment and Social Development Canada that these provisions will apply to all federally regulated employers, not just those with over 100 employees.
Under the new provisions, employees with 30 days of continuous employment are entitled to three days of paid medical leave of absence. Following that period, they may accrue one day of paid medical leave per month of continuous employment.
Note that the maximum paid medical leave an employee may earn is 10 days per calendar year. Among other things, this leave may be taken in one or more periods and must be paid at the employee’s regular rate of wages for their normal hours of work.
The amendments also included a provision that would have permitted the government to apply the paid medical leave of absence only to employers with more than 100 employees. However, that provision does not automatically come into force on or before December 1, 2022, and would require a separate proclamation to give it effect.
We have clarified with Employment and Social Development Canada that the government has no plans to declare the provision which contains the 100-employee threshold into force. Therefore, when the paid medical leave provisions come into force they will apply to all federally regulated employers, large and small. We have updated an earlier Federal Post to this effect.
Regulations on the paid medical leave were published for consultation in July 2022. Employment and Social Development Canada also indicated to us that it is expected the final regulations will be published in early November 2022.
Should you have any questions regarding the incoming paid medical leave of absence under the Canada Labour Code, please contact your regular Hicks Morley lawyer.
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