Workers looking for more job-protected leave credits: Report

Job-protected leave credits for a variety of reasons proved to be popular among residents of Northwest Territories, according to the government.

In the provincial government’s consultation with 323 individuals – through surveys, roundtable discussions and written submissions – 100 workers between April and June 2023 said that the territorial government should provide more than 10 days of paid sick leave credits under the Employment Standards Act.

Fewer said that the government should give employees credits of 6 to 10 days (84 respondents), 3 to 5 days (42 respondents) or 1 to 2 days (5 respondents).

Among employers, however, three to five days (14 respondents) was the top answer, followed by 1 to 2 days (8 respondents) and 6 to 10 days (seven respondents). Just five employers said that the government should give workers more than 10 days of paid sick leave.

In December 2022, the much-anticipated 10 days of paid sick leave for private sector workers in Canada’s federally regulated sector became a reality.

Family responsibility leave consultation

More than 80% of workers also believe that the act should include family responsibility leave, compared to just 11% of employers, according to Northwest Territories’ consultation.

If the Act were amended to include family responsibility leave, workers believe that they should receive this many leave credits:

• 3 to 5 days (103 respondents)
• 6 to 10 days (54 respondents)
• More than 10 days (35 respondents)
• 1 to 2 days (24 respondents)

Among employers – should this happen – they believe the government should grant workers the following number of leave credits:

• 1 to 2 days (18 respondents)
• 3 to 5 days (9 respondents)
• 6 to 10 days (4 respondents)

Seventy percent of employers also believe that the family responsibility leave should be paid days, compared to just about 15% of employers who said the same.

More than 60% of workers also said the act should include unpaid long-term medical leave, compared to just over 30% among employers.

Indigenous, bereavement leaves

And more than 60% of workers said that the law should include leave for traditional Indigenous practices, while a little over 60% said that it should be paid days. Only about 25% of employers agreed to the same statement, and just over 10% concurred with the second statement.

Meanwhile, most workers (over 90%) and employers (about 75%) agreed that the act should be amended to extend bereavement leave to employees, and their spouses, who experience a prenatal pregnancy loss or stillbirth.

Also, the majority of workers (about 95%) and employers (over 80%) agreed that the act should be amended to include leave for employees if their child has died or disappeared as a result of crime.

“Thank you to all the participants who took the time to provide feedback and share their experiences,” said Caitlin Cleveland, minister of education, culture and employment. “It is crucial that we consider all perspectives as we look to update the Employment Standards Act to bring it in line with other jurisdictions’ minimum standards of work and address the new realities of work post-COVID-19.”

Following the consultation, Northwest Territories will develop a legislative proposal for a bill that would amend the act. 

The proposal will be informed by the feedback the govenrment received over the course of the engagement period, and will be considered by Members of the Legislative Assembly, according to the Northwest Territories government.

Federal employers can count employees’ sick leave credits as paid medical leave days under the Canada Labour Code (CLC) if their own program provides “a more favourable benefit” to workers, according to  ara recent abitrator ruling.