Labour and Employment Law Blog

Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code (“Bill C-3”) amends the Canada Labour Code (the “Code”) to provide federally regulated employees with the following:

• Ten days of paid sick leave per calendar year; and
• Increases to unpaid bereavement leave in the event of a death of a child or a stillbirth.

The following is a summary of the new provisions.

10 Days Paid Sick Leave

• Paid sick leave is earned as follows:
  • Year in which the provisions come into force (likely 2022):
    • Existing employees – 30 days after the provisions come into force, employees earn three days of paid sick leave. Employees then earn one additional day of paid sick leave for each completed month of employment, up to a maximum of 10 days.
    • New employees – 30 days after employment commences, the employees earn three days of paid sick leave. Similar to existing employees, employees earn an additional day of paid sick leave for each completed month of employment, up to a maximum of 10 days.
  • Subsequent calendar years:
    • After one month of continuous employment, one day of paid sick leave at the beginning of each month, up to a maximum 10 days.
  • Unused paid sick leave can be carried forward into a subsequent year, but it reduces the subsequent years’ paid sick leave entitlement. The maximum entitlement per calendar year remains 10 days.
  • Employers may require that each period of paid leave not be less than one day.
  • If an employee is absent for 5 days or more, the employer may require an employee to provide a medical certificate to justify their absence. Employers are also entitled to request a medical certificate after three days of unpaid sick leave. The duration of unpaid sick leave remains unchanged at 17 weeks.
  • This paid sick leave entitlement replaces the prior entitlement to sick leave under the Code, which provided for up to 5 days of sick leave (of which 3 days were to be paid) for employees who had completed three months of employment.

Bereavement Leave

• Employees are entitled to a leave of absence of up to 8 weeks in the event of the death of a child of the employee or the death of a child of their spouse or common-law partner.
• Employees are entitled to a leave of absence of up to 8 weeks in the event of a stillbirth experienced by the employee or their spouse or common-law partner.
• This leave can be taken during the period that begins on the day of the death or stillbirth and ends 12 weeks after the latest of the day of the funeral, burial or memorial service.

Bill C-3 received Royal Assent last month. The date on which the amendments to the Code come into force has yet to be announced.

Bill C-3 also amends the Criminal Code in response to individuals protesting in front of hospitals and vaccination clinics. In particular, Bill C-3 makes it an offence to, with the intent to provoke a state of fear, impede a member of the public from obtaining access to healthcare or impede a health professional from performing their duties. These Criminal Code amendments are now in force.

Note: If you are a provincially regulated employer in British Columbia, please read our December blog on recent changes to paid sick leave for provincially regulated employees.