Starting January 1, 2022, BC will become the first province to require all employers to provide employees with 5 paid sick days. We’ve pulled together some frequently asked questions and their answers.
| When will I have to start providing paid sick leave? | January 1, 2022 |
| Who is entitled to sick leave? | All eligible employees. The Government defines “eligible employees” as including part-time, temporary or casual employees. It does not cover certain types of employees: – Federally-regulated sectors – Self-employed workers or independent contractors – Employees in professions and occupations excluded from the ESA |
| Does this paid sick leave replace the 3 days unpaid sick leave? | No, employees are entitled to 5 days paid sick leave AND 3 days unpaid sick leave. |
| Can I require my employees to take their 3 unpaid sick days first? | No, employees can decide whether they are taking an unpaid sick day or one of their paid sick days. |
| What happens if an employee is still sick after 8 days? | The employee can be put on a medical leave of absence and apply for EI Sick Leave benefits. |
| How do I calculate paid sick leave? | Total wages earned in the 30 calendar days before the first day of the leave. Include vacation days. Wages include salary, commission, statutory holiday pay and paid vacation. Wages do not include overtime. Divide by the number of days the employee worked or earned wages (eg. was on vacation). The result is a day of sick pay. |
| When are employees eligible to take this leave. | An employee must have been working for 90 calendar days prior to their sick leave. |
| Can an employee use this leave to care for a sick family member? | No, this leave is for personal illness. |
| How much notice and or proof must an employee provide to take a sick day? | An employee must provide as much notice as possible when sick so their employer can make coverage arrangements. An employer may request reasonable proof that an employee is entitled to sick leave. |
| Can sick days be banked (rolled into the next year)? | No, this is annual leave and if not used will be reset at the beginning of the next year. |
| What “year” is used for calculating sick leave? | For all employees currently working the “year” will be January 1 – Dec 31. New hires as of January 1, 2022 will acquire sick leave based on their employment year. |
| Can an employee take a partial sick day and bank the unused portion for use another time? | No, if an employee calls in sick for 2 hours or 8 hours they have used one of their sick days. |
While the government has mandated 5 paid sick days for employees, it is employers who will be shouldering the cost of providing and administering these sick days. Ensuring you understand what is required and have a system in place to reduce the administrative burden is essential.
If you would like help preparing for or managing these sick leave benefits (or payroll in general) contact us.