Ask the ExpertPayment when leave is used up
hri_Admin Staff asked 5 years ago

In the event when an employee used up all his / her leave — both sick / personal days and vacation days — and then the employee incurred absences, how will those days be paid? Are those going to be unpaid?Is there a particular policy referencing to this?

1 Answers
Glenn Demby Staff answered 5 years ago

I don’t have enough information to answer that Q but what I can do is outline an approach that you can either follow yourself or send me the info so I can do it for you:
1. Which jurisdiction are you in? Need to know this so I can look at the applicable ESA laws to determine the legislatively required minimum benefits–in this case, for paid leave.
2. What do your collective agreements/employee contracts provide? Need to know this to determine if you’re contractually obligated to provide more generous paid leave than required under your ESA laws.
3. What is the basis for the absence? Need to know this on the off chance that the absence qualifies for PAID leave under the ESA law, e.g., the new Ontario Bill 148 requirement of 10 days’ Personal Emergency Leave per year, 2 of which must be paid.
Sorry I can’t provide a specific answer but I hope this will lead us to one–or empower you to make the determination yourself.
Glenn Demby, 203 354-4532