Paid Sick Leave for BC Employees Starting January 1, 2022
By: Georg ReuterOur Employment & Human Rights Lawyers have been fielding many questions from clients regarding the recent announcement by the provincial government that starting in January, employers will be required to provide 5 paid sick days to BC employees. Here are responses to those questions:
- The start date for the new 5 sick days is January 1, 2022, and new employees are eligible for the 5 sick days after 90 days of employment;
- The 5 paid sick days are in addition to the current 3 unpaid sick days, for a total of 8 sick days (5 paid and 3 unpaid) per year;
- If employers currently have a sick day policy that meets or exceeds the new 5 paid sick day requirements, we recommend they add wording to clarify that the paid sick days under an existing policy include the paid sick leave required by the BC Employment Standards Act (the “ESA”). This will avoid “doubling up” on sick days;
- Employers can ask for “reasonably sufficient proof” of an employee being sick. This may include in some cases , asking for a doctor’s note;
- Paid sick days only apply to employees – they do not extend to employees taking time off to care for a sick family member. There are however other provisions of the ESA which provide unpaid leave for employees who need to take time off to care for family members;
- It appears that unused sick days:
- don’t carry over from year to year; and
- may not have to be paid out on termination;
- The new sick day provisions will not apply to:
- employees working in the Federally-regulated sector; and
- employees in professions or occupations excluded from the ESA;
For more information about this post, or if you require support updating your policies, email Employment & Human Rights Lawyer, Georg D. Reuter at greuter@rbs.ca, or call at 604.661.9208.
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We continue to receive many questions from employers and employees about terminations and lay-offs, so in this blog post we provide an overview of the key notice provisions in the BC Employment Standards Act (“ESA”) that may assist you during these uncertain times. The minimum notice periods identified in the ESA may be in the form of working notice or payment in lieu of notice. In particular, we take a look at rarely used section 65(1)(d) of the ESA which states that an employer is not required to provide notice of termination or pay in lieu of notice to its employees if it can prove that COVID-19 has been an “unforeseen circumstance” that has made continuing the employment contract “impossible”.
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Employers can discipline and, in some cases, dismiss employees for off-duty conduct. The question is how bad does the conduct have to be? In the recent BC Supreme Court decision of Klonteig v. West Kelowna (District), 2018 BCSC 124, the judge found that the District (the employer) should not have terminated Mr. Klonteig for cause after he was given a 90 day administrative driving prohibition while off duty.
