Sick Leave: How It Works and What You Need to Know
The average number of sick days on the rise: from 2023-2024, the average number of sick days was 9.2, up from 5.9 in 2020 and 2021. It’s more important than ever for HR teams to understand what sick leave is and how it works.
Sick leave is legislated in every jurisdiction, but it can be a particularly confusing element of employment standards. Your HR team needs to know how many sick days an employee is entitled to, as well as whether those days are paid or unpaid. Not granting your staff enough sick leave, or paying them incorrectly, could lead to legal issues and contribute to employee dissatisfaction and absenteeism.
This guide explains what sick leave is, whether it’s paid, and how it differs according to employee jurisdiction.
What is sick leave?
Sick leave is time that employees take off work when they’re unwell, and unable to fulfill their role. It’s commonly used when employees are sick, injured, or have a medical appointment.
Time off for sick leave may be paid or unpaid, depending on the circumstances. At a minimum, employees are entitled to unpaid medical leave protection for up to 27 weeks for:
- illness
- injury
- organ or tissue donation
- medical appointments
- quarantine
There are also instances where medical leave can be paid.
Is sick leave paid?
In some circumstances, sick leave is paid. While the exact stipulations depend on the employer and jurisdiction, as of 2022, an employee is entitled to up to 10 days of paid medical leave for:
- illness
- injury
- organ or tissue donation
- medical appointments
- quarantine
Your employees can take paid sick leave when you schedule or expect them to be able to work. Employees earn medical leave after they complete 30 days of continuous employment at your company. After their first qualifying 30 days, they receive three days of paid medical leave. This increases by one day each month of employment up to a maximum of 10 days a year.
Is sick leave different in different provinces?
Yes, sick leave is legislated differently across Canada. And there are different regulations surrounding sick leave depending on where your employees are based. This table offers a summary of the different sick leave policies to be aware of across the country:
Employees are entitled to 27 weeks unpaid for:
- illness and injury
- organ or tissue donation
- medical appointments
- quarantine
After 30 continuous days at your organization, qualifying employees are entitled to three paid sick days, but can earn up to a maximum of 10 days per year.
In Alberta, sick leave is called personal and family responsibility leave. After 90 days of employment, employees are entitled to up to five days of unpaid leave.
They’re also entitled to general illness leave. This refers to any sickness, disability or injury that causes an employee to be absent for more than three consecutive days, to a maximum of 80 workdays.
Eligibility criteria applies, but employees may be entitled to:
- after up to one month of service: 10 days at 0% salary and 70 days at 70%
- 2 to 12 months of service: 10 days at 100% of salary and 70 days at 70%
- 2 years of service: 15 days at 100% and 65 days at 70%
- 3 years of service: 25 days at 100% of salary and 55 days at 70% of salary
- 4 years of service: 35 days at 100% of salary and 45 days at 70%
- 5 years of service: 45 days at 100% and 35 days at 70%
- 6 or more years of service: 60 days at 100% of salary and 20 at 70%
In British Columbia, after 90 days of employment, your employees are entitled to up to five paid sick days and three unpaid days.
Employees can take time away from work without warning to deal with unexpected illness or emergencies.
In Manitoba, sick leave is also known as family leave. After 30 days of employment, employees are entitled to three unpaid days each year of family leave. This can be used for personal illness, or to care for family.
Some employers may allow more days off, or provide paid leave.
In New Brunswick, after 90 days of employment, employees are entitled to five days of unpaid sick leave in a 12-month period.
You are able to request a medical note if they’re off for four or more days in a row.
In Nova Scotia, your employees are entitled to up to five days of unpaid sick leave each year for injury or illness.
They’re entitled to up to three days for medical appointments for themselves or a family member, or the leave can be used to care for an unwell family member.
In Prince Edward Island, your employees are entitled to up to three unpaid sick days after three months of employment during a 12-month period.
In addition, they can expect:
- one paid sick day after 12 months of employment
- two paid sick days after 24 months of employment
- three paid sick days after 36 months of employment
In Quebec, employees are entitled to two days of paid sick leave each year. These sick days may account for:
- accident (non-work-related) or illness
- family obligations (to do with the health, care or education of - a child or to care for a family member
- organ or tissue donation
- domestic violence or criminal office
In Saskatchewan, employees are entitled to unpaid, job-protected sick leave after 13 weeks of qualifying employment.
Per year, employees can receive:
- up to 12 days for non-serious illness
- up to 12 weeks for serious illnesses or injuries
- up to 26 weeks for injuries that are covered by workers’ compensation
Employees may also be entitled to job protection if they’re off work to care for a family member with a serious illness or injury.
Sick leave FAQs
With different policies across Canada, it can be tricky for HR teams to navigate sick leave. So, we’ve answered common questions around sick leave to help take away the guesswork.
How long does it take to receive Employment Insurance for sick leave?
Employment Insurance is usually received around 28 days after the application—as long as the employee is eligible and supplied all the required information. Before your employee receives the benefits, there will be a one-week waiting period where they won’t be paid. This is in place of a deductible.
Can an employer choose the number of sick leave days they offer?
Yes, employers can choose the number of sick days they offer staff as part of their compensation package. But this must be higher than the minimum guaranteed by federal or provincial legislation.
Some organizations offer enhanced sick day policies. This can work in their favor to help attract and retain employees.
When does an employee qualify for paid sick leave?
The exact timeframe depends on the jurisdiction. But as a general rule, federal legislation states that employees earn their first three paid sick days after 30 days of continuous employment at your organization. After these first three days, the employee can earn one further day each month, up to a maximum of 10 a year.
Can you be fired on sick leave in Canada?
In most cases, there is legislation in place to protect employees from being fired while on sick leave in Canada. But according to the federal government, an employer may reassign the employee to another position if they’re unable to fulfill any previous job functions.