Date Posted
November 8, 2022
Changes to the Canada Labour Code will introduce 10 days paid medical leave for all federally regulated employers effective December 1, 2022.[1] There will be no exemption for companies with fewer than 100 employees.
The proposed amendments in Bill C-19 included a provision (Section 239.001) that would have permitted the government to apply the paid medical leave of absence only to employers with more than 100 employees. However, that provision does not automatically come into force on or before December 1, 2022, and requires a separate proclamation to give it effect.[2] That is to say that the government would need to specify that section 239.001, the exemption for employers with fewer than 100 people will take effect.
According to Johnathan Blackham of the Canadian Trucking Alliance “the government has decided not to bring this part of the legislation into force. In other words, they’re applying it equally to all companies that are federally regulated regardless of size.”
There are mixed reactions from industry due to this news, however, it should be noted that with the enactment of this legislation, the personal leave provisions of the code will be rescinded. According to Fasken Law. “An employee’s current entitlement under the Code of up to five days (including three paid days) of Personal Leave for treating the employee’s own “illness or injury” will be repealed in connection with the coming into force of the new medical leave.”[3] As such, employers should have the three days banked for existing employees who have qualified for paid personal leave and will be required to provide for the remaining seven days.
For more information, refer to our bulletin Changes to the Canada Labour Code – Paid Medical Leave for more information.
Need Help? Contact AMTA
AMTA can provide members with one-on-one guidance on the information provided in this article. If you have any questions, please contact AMTA and our experienced staff will be happy to help. For your WCB, Safety, Compliance or Human Resources questions, please email Workplace Support Services at wss@amta.ca or call 1-800-267-1003.
It is advised that any employer with questions or concerns speak to their legal or accounting advisors to ensure that they understand their responsibilities. This document is not intended to provide professional advice.
[1] Parliament of Canada. (9 June, 2022), Bill C-19, https://www.parl.ca/legisinfo/en/bill/44-1/c-19
[2] Kahn, Fatimah. “Update on the Incoming Paid Medical Leave Under the Canada Labour Code.” Update on the Incoming Paid Medical Leave Under the Canada Labour Code, 11 Oct. 2022, https://hicksmorley.com/2022/10/11/update-on-the-incoming-paid-medical-leave-under-the-canada-labour-code/
[3] “New Entitlement to 10 Paid Days of Medical Leave Under the Canada Labour Code.” New Entitlement to 10 Paid Days of Medical Leave Under the Canada Labour Code | Knowledge | Fasken, 4 Aug. 2022, www.fasken.com/en/knowledge/2022/08/new-entitlement-to-10-paid-days-of-medical-leave-under-the-canada-labour-code