B.C. clarifies paid sick leave policy

Changes address issues around 'employment year,' collective agreements

B.C. clarifies paid sick leave policy

Having introduced five days of paid sick leave each year back in January, British Columbia is further clarifying the new rules with amendments to the Employment Standards Act.

The first change involves a reference to “calendar year” instead of “employment year” to establish an employee’s annual paid sick leave entitlement.

The change will eliminate the “cumbersome” requirement for “a separate date for each employee based on the start date of their employment,” says the government.

B.C. is also making changes to ensure that the paid sick leave policy applies to all workers in the province.

“There were concerns that some employees were excluded from the full five paid sick days due to existing language in collective agreements,” says the government, so the clause that relates to these agreements is being amended.

The changes will be effective upon Royal Assent, which is expected before the end of the current legislative session.

Prior to Jan. 1, 2022, more than one million workers in B.C. did not have access to paid sick leave, mostly those in low-wage jobs who are more often women or racialized workers, according to the government.

The paid sick leave protection applies to all workers covered by the Employment Standards Act, including part-time employees. However, the act does not cover federally regulated sectors, self-employed workers and employees in professions and occupations explicitly excluded from the act.

In December, Ottawa announced that all federally regulated private sector employees will have access to 10 days of paid sick leave thanks to Bill C-3 receiving Royal Assent. The new rules will take effect on a date to be fixed by order of the governor in council to allow time for employers to implement payroll changes and work with unions as needed to adjust collective agreements.

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