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Sick Leave & Paid Sick Days Policy

PURPOSE

[Company Name] (“the Company”) is committed to supporting the health and well-being of its employees by providing time off for illness or injury, and in some cases paid sick days in accordance with federal, provincial, or territorial legislation. This Policy outlines the eligibility, application procedures, and job protections for sick leave (whether paid or unpaid) to ensure employees can recover from illnesses without jeopardizing their employment.

SCOPE

This Policy applies to all full-time, part-time, contract, and casual employees of the Company who are covered by the employment standards legislation in their province/territory of work or by the Canada Labour Code if they are federally regulated. Where there is a conflict between this Policy and local legislation, the greater right or benefit for the employee will apply.

DEFINITIONS

  • “Sick Leave”: An authorized absence from work due to the employee’s own illness, injury, or medical appointment. Sick leave may be either unpaid or paid, depending on legislation or Company policy.
  • “Paid Sick Days”: A certain number of employer-provided days each calendar or employment year where eligible employees receive their regular wages during absences for personal illness or injury, as mandated by law or Company policy.
  • “Medical Note/Certificate”: Documentation from a qualified healthcare professional verifying that an illness or injury prevents the employee from working, if and where permitted by local legislation.

ELIGIBILITY

Employees may qualify for sick leave or paid sick days if they:

  1. Meet any minimum service requirements set out by local employment standards or Company policy (e.g., employed for a specified period).
  2. Are unable to perform their duties due to personal illness, injury, or medical circumstances.
  3. Comply with any notice or documentation requirements as outlined in this Policy and by law.

LENGTH OF LEAVE

  • The number of sick days or weeks available may vary by jurisdiction, ranging from a few days per year (often 3–10 days) to several weeks, depending on legislation.
  • Some jurisdictions also provide for extended unpaid sick leave or allow employees to take additional time if medically required.
  • Refer to the Table of Jurisdictional Differences for maximum leave entitlements, eligibility criteria, and any paid sick leave mandates in each province/territory or under the Federal Code.

APPLICATION & NOTICE REQUIREMENTS

  1. Notice: Employees must notify [HR Department or Supervisor] as soon as reasonably practicable if they are unable to attend work due to illness or injury. Wherever possible, employees should provide an expected return-to-work date.
  2. Documentation:
  • The Company may require a medical note or other verification from a qualified healthcare professional if permitted by local legislation (e.g., after a specified number of consecutive sick days).
  • All documentation will be kept confidential and used solely to verify eligibility for leave or paid sick days.

JOB PROTECTION

  1. Reinstatement: Employees who take an approved sick leave are entitled to return to the same or a comparable position, subject to changes that would have occurred had they not been on leave.
  2. Protection from Discipline: Employees will not be penalized, disciplined, or terminated for requesting or taking sick leave or paid sick days in accordance with this Policy and the law.

CONTINUATION OF BENEFITS

  • If required by law (or Company policy), the Company will maintain an employee’s group health, pension, and other benefits during paid sick days and any extended unpaid sick leave, provided the employee continues to pay their share of required premiums.
  • Benefit continuation rules may vary by jurisdiction and length of absence.

RETURN TO WORK

  1. Notification: Employees must provide reasonable notice before returning to work if their return date differs from the original plan.
  2. Position and Compensation: The Company will reinstate the employee to their same or a comparable role with the same pay and benefits, subject to lawful or policy-based adjustments.
  3. Accommodation: If the employee requires modified duties or a gradual return to work after an illness or injury, the Company will consider reasonable accommodations in line with human rights legislation.

CONFIDENTIALITY

All personal and medical information provided in connection with a sick leave or paid sick days will be treated as confidential, used only for administering the leave, and stored securely in compliance with privacy legislation.

NON-RETALIATION

The Company strictly prohibits retaliation against any employee who requests or takes sick leave or paid sick days. An employee’s job status, benefits, or future opportunities with the Company will not be jeopardized because they exercised this right.

POLICY ADMINISTRATION

The [HR Department/Designated Manager] is responsible for: • Administering this Policy consistently. • Staying informed about legislative changes and updating the Policy accordingly. • Handling questions about eligibility or administration of leaves.

[Company Name] Effective Date: [Insert Date] Authorized by: [Name, Title] Date: [Signature Date]

How to Use This Template

  1. Adapt and Customize: Align the policy language with your organization’s internal procedures and the specific legislative requirements of your jurisdiction(s).
  2. Review with Legal Counsel: Verify that the policy complies with local employment standards, especially regarding paid sick days, employer requirements for medical documentation, and any service thresholds.
  3. Communicate to Employees: Ensure the final policy is available (e.g., employee handbook, intranet) and that managers understand how to administer sick leaves and paid sick days.

Table of Jurisdictional Differences

The availability and duration of sick leave or paid sick days vary significantly across Canada’s provinces, territories, and for federally regulated employers. Some jurisdictions mandate a certain number of paid sick days, while others do not. Always consult the most recent employment standards legislation for precise requirements.