If the worker is credited with 3 months or more of uninterrupted service with their employer, the first 2 days of absence are with pay if they are absent for any of the following reasons:
- owing to sickness or an accident
- to fulfil family obligations relating to the care, health or education of their child or their spouse’s child
- to fulfil family obligations as an informal caregiver for a relative or another person owing to their state of health
- for organ or tissue donation
- following domestic violence or sexual violence or a criminal offence
They are entitled to a total of 2 days of absence with pay per calendar year (January 1 to December 31). These days of absence may not be deferred from one year to the next or replaced with an indemnity.
The division of these days of absence with pay is not provided for in the Act. If the worker is absent for only part of the day due to illness or for another health-related reason, they must take leave without pay. However, they are still entitled to their full days of absence with pay.
However, if authorized by the employer, these days may be divided. In this case, the pay must be calculated based on the number of hours of absence.