This section contemplates that the need for a leave of this nature can arise suddenly and without warning, so the employee is not required to give the employer a certain amount of advance notice. (See definition of “ wages” in section 1 of the Act) Paid sick leave is money required to be paid under this Act. Vacation pay must be paid on an employee’s total wages including the paid sick leave required by this Act. If an employee qualifies for statutory holiday pay and is scheduled to work on the statutory holiday but takes paid sick leave, they would be entitled to an average day’s pay for both the statutory holiday and the paid sick leave. Paid sick leave and statutory holiday pay are separate entitlements.
Illness or Injury Leave on a statutory holiday Illness or injury leave does not carry over from year to year if it is not used. Illness or injury leave cannot be prorated for employees who start after January 1.
CALLING IN SICK AFTER VACATION FULL
Eligible employees who start employment part way through the calendar year are entitled to the full 5 paid days and 3 unpaid days despite not being employed for the full calendar year. Records should include the leave taken, if the leave was paid or not and the amount of wages paid.Ĭalendar year means a period of 12 consecutive months beginning on January 1. Employers should ensure their payroll and employment records comply with the Act. The Act is benefits conferring legislation and requires an employer to ensure all wages are paid within 8 days of each pay period. Employers may find it advisable if unsure of their employee’s decision, to record and pay the time off as paid sick leave. Employers are encouraged to clarify the type of leave if there is any doubt. To ensure effective communication between employees and employers, employees are encouraged to specify whether they prefer to take unpaid or paid leave. This leave is employee-initiated and employees decide whether they are requesting paid or unpaid leave. This paid leave is sometimes referred to as ‘sick leave’ with ‘sick pay’.Īfter 90 days of employment, employees can take up to 5 paid days and 3 unpaid days of job-protected leave per calendar year.
This leave is a statutory entitlement, not something that may or may not be granted at the discretion of the employer. Illness or injury leave is an employee-initiated leave. (4) An employer must pay an employee in a prescribed circumstance who takes leave under subsection (1) (a) an amount in money equal to at least the amount calculated in accordance with the regulations. (3) Subject to subsection (4), an employer must pay an employee who takes leave under subsection (1) (a) an amount in money equal to at least the amount calculated by multiplying the period of the leave and the average day's pay, where the average day's pay is determined by the formulaĪmount paid is the amount paid or payable to the employee for work that is done during and wages that are earned within the 30 calendar day period preceding the leave, including vacation pay that is paid or payable for any days of vacation taken within that period, less any amounts paid or payable for overtime, andĭays worked is the number of days the employee worked or earned wages within that 30 calendar day period. (2) If requested by the employer, the employee must, as soon as practicable, provide to the employer reasonably sufficient proof that the employee is entitled to leave under this section. (a) paid leave up to the number of days prescribed, and This section explains under what circumstances an employee qualifies for personal illness or injury leave.Ĥ9.1 (1) After 90 consecutive days of employment with an employer, an employee, for personal illness or injury, is entitled in each calendar year, to
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