On November 7, 2022 the Government of Canada released Regulations Amending Certain Regulations Made Under the Canada Labour Code (Medical Leave with Pay) which are the final regulations that require all federally regulated private sector workplaces to provide ten (10) days of paid sick leave. The regulations will be a permanent change to the Canada Labour Code and will come into force and effect on December 1, 2022.

Under the regulations, employees will begin collecting paid sick days after thirty (30) days of continuous employment. After the thirty-day period has elapsed, employees will be entitled to three (3) days of paid sick leave. Going forward, employees will earn one (1) day at the start of each month after each month of continuous employment, up to a maximum of 10 days per calendar year. Employees who are employed in a federally regulated workplace on the date the regulation goes into effect will earn their first three days on December 31, 2022. The fourth day will be acquired on February 1, 2023.

An employee's paid sick days will be carried forward to the next calendar year if the employee does not take all ten days. However, each day carried over will reduce the amount of days that the employee can earn in the following year. This means employees will not be able to accrue more than ten paid sick days.

Under the regulation employers are able to request a medical certificate if the employee is absent for five (5) days or more in a row. The request for the certificate must be made in writing within fifteen (15) days after the employee has returned to work.

If you have any questions on how the regulations will affect your federally-regulated workplace or require assistance in managing paid sick days, please reach out to the lawyers for employers at CCPartners for expert legal guidance and support.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.