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  • vickyp
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    we-are-a-federal-employer-when-an-employee-takes-a-personal-day-what-are-we-legally-able-to-ask-for-to-prove-they-are-eligible-to-have-the-time-off

    vickyp
    Keymaster
    Post count: 4922

    I’m not sure what you mean by “personal day.” If you’re referring to personal medical leave under the Canada Labour Code, you can’t ask for any verification unless the leave is 3 days or longer. (Section 239(2))
    If by “personal days” you mean days off provided under a collective agreement, employment contract or source other than the Canada Labour Code, the answer to your question depends on the terms of those particular contracts or agreements. The one thing you CAN’T do under any circumstance, though, is that you can’t provide less personal medical leave than required by the Code. I believe that would preclude treating a paid personal day toward an unpaid medical day–and vice versa. In other words, you need to be careful about swapping these things out or you could end up violating BOTH the Code and the employment contract.
    I’m also going to run this question past our payroll expert. He may know something I don’t. Will relay his response as soon as I get it. Glenn

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