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Leaves of Absence – 2023 Year in Review

FEDERAL

LAWS & ANNOUNCEMENTS

Feb 24: Federally regulated employees with at least 30 days of service can now take up to 4 days’ paid sick leave for illness or injury, organ donation, medical appointments during working hours or quarantine. They’ll accrue a fifth day on March 24, and one paid day per month on the 24th of the subsequent month up to 10 days per year after that.

MANITOBA

LAWS & ANNOUNCEMENTS

Apr 10: Private Member Bill 210, which would provide employees up to 3 days of paid leave if their pregnancy or the pregnancy of their spouse or common-law partner ends in miscarriage or stillbirth, has advanced past Second Reading.

Apr 11: Second Reading for Private Member Bill 235 which would increase unpaid leave for the death of a family member under the Employment Standards Code from 3 to 5 days. Employees would also get 5 days’ unpaid leave if they or a spouse or common-law partner experiences a loss of pregnancy.

May 24: Private Member Bill 235 which would increase unpaid leave for the death of a family member under the Employment Standards Code from 3 to 5 days, was reported out of committee and is just one step away from passage. Employees would also get 5 days’ unpaid leave if they or a spouse or common-law partner experiences a loss of pregnancy.

May 30: Unpaid bereavement leave under the Employment Standards Code for the death of a family member officially increased from 3 to 5 days, effective today. Employees now also get 5 days’ unpaid leave if they or a spouse or common-law partner experiences a loss of pregnancy. Action Point: Use the HRI Bereavement Leave Policy template to create your own policy

NOVA SCOTIA

LAWS & ANNOUNCEMENTS

Apr 6: Newly tabled Private Member Bill 306 would give employees up to 26 weeks of unpaid leave for serious illnesses, which could be taken all at once or in smaller weekly increments. Because it’s not a Government bill, the legislation isn’t likely to pass.

ONTARIO

LAWS & ANNOUNCEMENTS

Mar 23: Proposed ESA changes contained in Bill 79, Working for Workers Act, 2023, would provide unpaid military reservist leave to employees who are in treatment, recovery or rehab for a physical or mental health illness, injury or medical emergency suffered as a result of participating in reservist operations or activities. Action Point: Use the HR Insider template to create a military reservist leave policy

Apr 19: Proposed ESA changes contained in Bill 79, Working for Workers Act, 2023, which is currently in Second Reading on its way to passage, would provide unpaid military reservist leave to employees who are in treatment, recovery or rehab for a physical or mental health illness, injury or medical emergency suffered as a result of participating in reservist operations or activities. Action Point: Use the HR Insider template to create a military reservist leave policy

Apr 27: Paid sick leave may be coming to Ontario. Newly tabled Bill 104 would replace ESA family responsibility, bereavement and sick leave with 10 days’ paid personal emergency leave to deal with an urgent matter involving the employee or family member. It would also increase paid infectious disease emergency leave from 3 days to 10 days. Action Point: Find out about the current paid sick leave rules across Canada

May 8: Bill 79, Working for Workers Act, 2023, which is now just one step from passage, would provide unpaid military reservist leave to employees who are in treatment, recovery or rehab for a physical or mental health illness, injury or medical emergency suffered as a result of participating in reservist operations or activities. Action Point: Use the HR Insider template to create a military reservist leave policy

Sep 26: Bill 79, the Working for Workers Act, 2023, which has passed the Assembly but not yet been proclaimed effective, provides unpaid military reservist leave to employees who are in treatment, recovery or rehab for a physical or mental health illness, injury or medical emergency suffered as a result of participating in reservist operations or activities. Action Point: Use the HR Insider template to create a military reservist leave policy

PRINCE EDWARD ISLAND

LAWS & ANNOUNCEMENTS

Dec 10: Temporary emergency leave granted to workers for COVID-19 is now permanent. Under new Employment Standards Act regulations, employees may take unpaid emergency leave for not only COVID but also other respiratory ailments like influenza when a doctor or nurse practitioner advises them to stay home.

Nov 29: PEI passed legislation (Bill 109) reducing the minimum amount of employment required for employees to qualify for military reservist leave under the Employment Standards Act from 6 to 3 months. Action Point: Use the HR Insider template to create a military reservist leave policy

Nov 29: PEI passed Bill 106 giving employees up to 5 paid sick leave days per year, effective May 29, 2024. Unused sick days can’t be carried over to the next year and employees must, if employers request it, provide a certificate from a medical practitioner certifying they were unable to work due to illness or injury. Action Point: Find out about the current paid sick leave rules across Canada

SASKATCHEWAN

LAWS & ANNOUNCEMENTS

Nov 1: Saskatchewan might have the lowest minimum wage in Canada but at least employees have the legal right to wear a poppy at work on Remembrance, thanks to the passage of Bill 139, allowing for the wearing of a poppy recognized by the Royal Canadian Legion unless it would endanger the health, safety or welfare of the worker or others in the workplace. Action Point: Use the resources on the HRI Statutory Holiday Compliance Centre to avoid stat holiday violations at your workplace

YUKON TERRITORY

LAWS & ANNOUNCEMENTS

Apr 25: Yukon launched a new program providing workers up to 40 hours of paid sick leave per 12-month period at no cost to employers. The Paid Sick Leave Rebate Program is open to workers and the self-employed earning $33.94 per hour or less who are most likely to experience financial hardship when taking unpaid sick leave.