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Answer for Job-protected sick days in BC
  1. You can’t count the paid sick days as culpable absences or you’ll be in violation of the BC Employment Standards Act. If as I hope is the case, the culpable absences don’t include ESA leave days and you’ve got a thoroughly and well document case for termination due to absenteeism, the 8 paid days should have no impact on when to start the disciplinary process. In other words, you don’t have to allow the employee to use the full allotment before initiating discipline–assuming, of course, you have a solid case. 
  2. Yes