Canada Labour Code Amendments to Paid Medical Leave and Bereavement Leave

Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code was passed on December 17, 2021. Bill C-3 provides federally regulated employees up to 10 days of paid medical leave per year. Under the amendments, Bill C-3 also provides bereavement leave for the death of a family member or child, or for a stillbirth.

The Canada Labour Code (“Code”) amendments will come into force on a date to be fixed by order of the Governor in Council at which time we will provide a further update.

Paid Medical Leave

Under Bill C-3, employees will be able to take up to 10 days of paid medical leave per year. Employees will not have access to the full 10 days of leave immediately.

Paid medical leave days will be earned as follows:

• After 30 days of continuous employment with the employer, employees will accrue three days of paid medical leave.
• After 60 days of continuous employment with the employer, employees will accrue one additional day of paid medical leave after each completed month of continuous employment, up to a maximum of 10 days in a calendar year. The additional day each month is received at the beginning of the month.
• In each subsequent calendar year, after completing one month of continuous employment with the employer, employees will accrue one day of paid medical leave at the beginning of each month. Employees are not entitled to more than 10 days of paid medical leave per year.

Employers must pay employees that take a paid medical leave day at their regular wage rate and for their normal hours of work.

If an employee does not use their paid medical leave days in the calendar year in which they are earned, the employee may carry the unused paid medical leave days forward to the following calendar year. However, an employee cannot take more than 10 paid days of paid medical leave in one year.

Employers can limit access to paid medical leave to leaves of one day or longer (i.e. employers can prohibit partial days of paid medical leave).

If an employee has taken at least five consecutive days of paid medical leave, the employer may require that the employee provide a certificate from a health care practitioner confirming that the employee was incapable of working for the five or more days that they were on paid medical leave. The employer must make the request for a certificate in writing and within 15 days of the employee returning to work.

If an employee has taken three or more days of medical leave without pay, the employer may require that the employee provide a certificate from a health care practitioner confirming that the employee was incapable or working for the three or more days that they were on unpaid medical leave.

Bereavement Leave

Bill C-3 provides unpaid bereavement leave for federally regulated employees, as follows:

• For the death of an immediate family member or the death of a family member for whom the employee is, at the time of the family member’s death, on compassionate care leave or critical illness leave, up to 10 days’ leave. The employee may take the leave from the date of death to six weeks after the latest of any funeral, burial or memorial service for the deceased person.
• For the death of a child of the employee or death of a child of their spouse or common-law partner, the employee may take up to eight weeks’ leave. The employee may take the leave from the date of death to 12 weeks after the latest of any funeral, burial or memorial service for the deceased child.
• For any stillbirth that the employee experiences or that their spouse or common-law partner experiences, where the employee would have been a parent, the employee may take up to eight weeks’ leave. The employee may take the leave from the date of the stillbirth to 12 weeks after the latest of any funeral, burial or memorial service for the stillbirth.

Federally regulated employers should review their workplace policies to ensure that they are consistent with Bill C-3.

If you have any questions about the new Code amendments, please contact your Harris lawyer.