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Small Federally-Regulated Employers to Also Face New Paid Leave Obligation

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Labour, Employment & Human Rights Bulletin

Earlier this summer, we updated you on the new Canada Labour Code entitlement that will provide employees with up to 10 paid days of medical leave no later than December 1, 2022. After we published our bulletin, the Labour Program advised us that the federal government will not be proclaiming into force provisions of Bill C-19, Budget Implementation Act, 2022, No. 1, which would have limited the application of the new paid medical leave requirement to employers with 100 or more employees, and would have instead maintained the Code’s existing personal leave entitlement to treat illness/injury for federal employers with fewer than 100 employees on a transitional basis. As a result:

  • The new requirement to provide up to 10 paid days of medical leave will apply to all federally regulated employers, regardless of size, by no later than December 1, 2022; and
  • The Code’s existing personal leave to treat illness/injury will be repealed for all employers, regardless of size, when the new paid medical leave requirement comes into force.

Next Steps

Employers of all sizes are encouraged to consider how these new paid medical leave entitlements will interact with their existing leave programs, including any commitments they have made (or are otherwise considering making) in collective bargaining. Please contact the authors or your regular Fasken lawyer if you have any questions.

Contact the Authors

For more information or to discuss a particular matter please contact us.

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