The amendments will shed some much-needed light for covered workers
The British Columbia government has introduced amendments to its paid sick leave legislation in order to further protect employees and simplify it for businesses. Workers in British Columbia have been granted a five-day paid sick leave since January 1 under the Employment Standards Act (ESA). However, Labour Minister Harry Bains said that two issues have been raised to them since the implementation of the employer-paid sick leave, which the amendments to the ESA will attempt to resolve.
The first concern raised is the use of "employment year" instead of "calendar year" to establish the entitlement of an employee's annual paid sick leave. Business groups criticised the use of "employment year" as "cumbersome" because it requires a separate date for each employee based on when they began rendering services to their employer.
Under the amendment, the government will start using "calendar year" to standardize the annul entitlement period for all employees regardless of when they began working for a company.
"The total number of paid sick leave days per year will not be affected. It remains at five," the government said in its announcement.
Read more: B.C's paid sick leave: The pros and cons for Canadian employers
The second concern brought to the government's attention was the exclusion of select employees to the five paid sick leave initiative, according to the provincial government. Since the policy was implemented, the BC government said that workers not included in the paid sick leave program are those from federally regulated sectors, self-employed workers or independent contractors, as well as employees in professions excluded from the ESA.
But some are concerned that more workers are not given their supposed entitlement to the five-day paid sick leave because of "existing language in collective agreements."
"To ensure government's intent that the paid sick leave entitlement is applied to all employees in BC, the clause that relates to collective agreements is being amended," according to the provincial government.
"The changes will be effective upon Royal Assent, which is expected before the end of the current legislative session, to ensure the paid sick leave entitlement applies to the 2022 calendar year," it added.
British Columbia is the first province in Canada to require employers to give their employees a minimum of five days for paid sick leave, and a minimum of three days of unpaid sick leave.
These leave days do not need to be taken consecutively, according to the provincial government, and employers still need to these workers their regular wages on that day.
Eligible workers need to have worked for at least 90 days for the company in order to be granted the benefit. They may avail a sick leave for any personal illness or injury, and employers can ask them for reasonable sufficient proof of illness because of it.