The Federal Government Amends the Canada Labour Code to Include Paid Sick Leave

The Federal Government has passed BILL C-3, an Act to amend the Canada Labour Code. It received Royal Assent and became law on December 17, 2021. This amendment is not currently in effect and we don’t know when it will come into force.

This legislation amends medical leave and bereavement leave under Part III of the Canada Labour Code.

The Canadian Union of Postal Workers (CUPW) has reached out to the Canada Post Corporation (CPC) concerning these changes. CPC has informed us they are waiting for the Federal Government to set up consultation with the affected employers for guidance on how to implement these changes within their organizations.

PAID SICK LEAVE 

“The legislation amends medical leave under Part III of the Canada Labour Code to provide that:

• thirty days after these provisions come into force employees will earn their first three days of paid sick leave to help ensure employees have adequate paid sick leave should they need it;
  
  
• for new employees, they will earn the first three days of paid sick leave thirty days after starting a new job;
  
  
• employees are entitled to earn one day of medical leave with pay for each month of employment with an employer, up to a maximum of ten days in a calendar year;[1]
  
  
• any day of medical leave with pay that an employee does not take in a calendar year carries forward to January 1^st of the following calendar year and counts toward the ten days that can be earned in the new year; and
  
  
• the maximum number of days of medical leave with pay that an employee can take in a calendar year is ten; and
  
  
• employers are permitted to request a medical certificate for medical leaves of absence with pay that are five days or longer.”

[1] Source: https://www.canada.ca/en/employment-social-development/news/2021/12/amendments-to-the-canada-labour-code-to-provide-ten-days-of-paid-sick-leave.html

BEREAVEMENT LEAVE

In addition, the legislation amends bereavement leave under Part III of the Canada Labour Code to provide up to eight weeks of leave for employees who lose a child or experience a stillbirth.

This builds off of the three days of paid leave currently available for employees who have completed three months of continuous employment.  

IF COLLECTIVE AGREEMENTS PROVIDE MORE GENEROUS LEAVE PROVISIONS, THOSE PROVISIONS MAY PREVAIL.

CUPW has also been in contact with our legal representatives, to review the new legislation and to provide information on what effects this new legislation will have.

As we receive new information will keep you informed.

In solidarity,