Updated May 11, 2022 to reflect amendments the BC government made to the BC Employment Standards Act (changing the sick leave entitlement from employment year to calendar year) after this post was initially published on January 31, 2022.
Employer-paid sick days in British Columbia came into effect on January 1, 2022 and we have received many questions on this new requirement for employers. In a prior post, we provided a brief summary of the paid sick days requirement. We have since been in contact with the BC Employment Standards Branch and have the following additional information to share about employer-paid sick days.
Q: What are the sick leave requirements in BC?
A: For all employers to which the BC Employment Standards Act (the “Act”) applies, after 90 consecutive days of employment with an employer, an employee is entitled to the following in each calendar year:
- Paid leave of up to 5 days, and
- Unpaid leave of up to 3 days.
These days are to be used for personal illness or injury and are often referred to as sick leave. Employees are eligible for the full entitlement as described above. The sick days are not pro-rated for part-time, temporary, on-call or casual workers.
Q: What is considered a “calendar year”?
A: “Calendar year means” a period of 12 consecutive months beginning on January 1. Eligible employees who start employment part way through the calendar year are entitled to the full 5 paid days and 3 unpaid days despite not being employed for the full calendar year. Illness or injury leave cannot be prorated for employees who start after January 1.
Q: How much pay does an employee receive for a paid sick day?
A: An employer must pay an employee an amount equal to at least an average day’s pay for paid sick leave. An average day’s pay is the amount paid or payable to the employee for work that is done and wages that are earned within the 30 calendar days preceding the sick day (including vacation pay for any days of vacation taken within that period, less any amounts paid or payable for overtime), divided by the number of days the employee worked or earned wages within that 30 calendar day period.
For example, an employee works five 6-hour days during the 30 day period prior to being sick and earns $525 for those days. Their average day’s pay would equal: $525 divided by 5 days = $105.
Q: Are temporary or casual employees eligible for the paid sick leave?
A: Yes, as long as the person is considered an employee and the employee is covered by the Act, they would be eligible for paid sick leave after 90 consecutive days of employment. Since the amount of paid time provided is based on an average day’s pay from the previous 30 days, they would need to have worked in the 30 days prior to the sick day to be able to receive sick pay. Otherwise, their average day’s pay is $0.
Q: If an employee is not scheduled to work a shift on a day that they are sick, are they eligible for paid sick leave for the day?
A: The Employment Standards Branch confirmed that employees get paid sick leave only if they were not able to work a scheduled shift due to illness. If they are an employee who is not scheduled to work a shift but who is sick, they would not be eligible for paid sick leave for the days they are sick.
For example, if a part-time employee is scheduled to work Tuesday and Wednesday and can’t work on the Wednesday due to illness, they would be eligible for a paid sick day on the Wednesday but not for any other day that week.
However, if a casual employee is not scheduled to work any shifts in the week and the employer calls on Monday to see if they are available to take a shift the next day, and the employee declines due to illness, they would not be eligible for paid sick leave for the Tuesday because they had not been scheduled to work.
Q: Do unused sick days get rolled over into the following calendar year if they are not used by the end of the year?
A: No, unused sick days do not carry over from year to year.
Q: Both 5 days of paid leave and 3 days of unpaid leave are to be provided to eligible employees. Is there a particular order that employees are supposed to take the leave – do the paid or unpaid days apply first?
A: The Act does not specify in what order the days need to be provided. Employees are entitled to both paid and unpaid leaves. Employees can choose which one they would like to use first. If they decide to exercise their unpaid sick days before their paid sick days, they can; however, it is recommended that employers document the request to show that it was employee-initiated. When in doubt, the Employment Standards Branch recommends that employers err of the side of paying the sick employee with a paid sick day, rather than assuming it was an unpaid sick day.
More detailed information on BC paid sick days can be found in the interpretation guide for illness and injury leave.
The Employment Standards Branch officer made it clear that because the legislation is so new, the officers are still reaching consensus on the interpretation of the legislation and how it applies in different circumstances. As information is clarified, the interpretation guide will be updated. If you have further questions about BC paid sick days, please contact the Employment Standards Branch.
