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Medical Leave for Federally Regulated Employees
During the pandemic, the need for employee medical leave became much more common. Even in the wake of the pandemic, medical leaves are still more frequent than pre-pandemic levels. Many employees cannot afford to take significant, unpaid time off work to recover.
The Government of Canada introduced legislation as of December 1, 2022, entitling federally regulated employees to medical leave with pay. The new legislation is meant to help federally regulated employees who require medical leave but cannot do so due to financial barriers.
Who is eligible for federal medical leave with pay? What can federally regulated employees do if their employer does not provide their medical leave entitlements? How can an employment and Human Rights lawyer help federally regulated employers and employees with workplace medical leaves?
This article answers those questions and provides a general overview of federal medical leave entitlements.
When Are Federally Regulated Employees Entitled to Medical Leave with Pay?
Federally regulated employees include those who work in federally regulated private industries or the federal public sector. They are subject to workplace standards outlined in the Canada Labour Code (the “CLC”) and its regulations. While there are listed federal sectors, there are scenarios where an employee may have to make legal arguments about whether they are provincially or federally regulated.
As of December 1, 2022, federally regulated employees can earn up to 10 days of medical leave with pay per year. Employees will earn their first 3 days of medical leave with pay if they have been continuously employed at the same federal employer for 30 days (the “qualifying period”). Only unpaid interns are not entitled to paid medical leave under the CLC.
Once the qualifying period is complete, employees may earn additional days of medical leave with pay for each month of continuous employment afterward. This process allows for up to 10 days per year. Each new day earned becomes available the following month, and unused days may carry forward to the next year.
If a federal employee takes medical leave with pay for 5 days or longer, the employer may require a certificate from a healthcare practitioner. The employee must provide it within 15 days of returning to work, and it must specify the dates the employee was unable to work.
To use paid medical leave days, the employee must have been scheduled or expected to be available to work on the day in question.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Medical leave laws can be complex, and mistakes—whether by employees or employers—can lead to costly disputes. Speaking to a lawyer before making decisions ensures rights are protected, obligations are met, and solutions are found fairly.”
When Are Federally Regulated Employees Entitled to Medical Leave with Pay?
Federally regulated employees include those who work in federally regulated private industries or the federal public sector. They are subject to workplace standards outlined in the Canada Labour Code (the “CLC”) and its regulations. While there are listed federal sectors, there are scenarios where an employee may have to make legal arguments about whether they are provincially or federally regulated.
As of December 1, 2022, federally regulated employees can earn up to 10 days of medical leave with pay per year. Employees will earn their first 3 days of medical leave with pay if they have been continuously employed at the same federal employer for 30 days (the “qualifying period”). Only unpaid interns are not entitled to paid medical leave under the CLC.
Once the qualifying period is complete, employees may earn additional days of medical leave with pay for each month of continuous employment afterward. This process allows for up to 10 days per year. Each new day earned becomes available the following month, and unused days may carry forward to the next year.
If a federal employee takes medical leave with pay for 5 days or longer, the employer may require a certificate from a healthcare practitioner. The employee must provide it within 15 days of returning to work, and it must specify the dates the employee was unable to work.
To use paid medical leave days, the employee must have been scheduled or expected to be available to work on the day in question.
What To Do If a Federally Regulated Employer Does Not Provide Paid Medical Leave
Employees should communicate with their employer as soon as possible about their need for medical leave. Requests for paid medical leave should be made in writing. If an employer refuses to honour this request, the employee should submit a written complaint to give the employer an opportunity to correct the issue.
If the employer still fails to act, legal recourse may be available depending on the circumstances.
Employees in federally regulated private industries may pursue a labour complaint through the Canada Industrial Relations Board (CIRB) for unpaid wages. Unionized employees should contact their Union about filing a grievance.
In some cases, a refusal to provide paid medical leave may constitute discrimination on the basis of disability, which would violate the Canadian Human Rights Act. Employees can file a complaint with the Canadian Human Rights Commission (CHRC) in such cases, potentially claiming both unpaid leave and additional damages.
If an employer retaliates against an employee for asserting their rights under the CLC or CHRC, they may face monetary and non-monetary remedies. Employers must be cautious and avoid punishing employees seeking medical leave entitlements after December 1, 2022.
Although the framework seems clear, every case is different. It’s best to consult with an employment and Human Rights lawyer early for tailored guidance.
How an Employment Lawyer Can Help
Whether you’re a federally regulated employer or employee, an employment and Human Rights lawyer can provide crucial guidance about legal obligations and available options. They can help you understand your rights, develop legal strategies, negotiate outcomes, and navigate complex processes.
Both employers and employees benefit from consulting a lawyer early. Waiting too long can result in mistakes that weaken a case. A lawyer can help protect your interests and improve your chances of success.
Employers can also benefit from legal assistance when updating workplace policies to reflect the CLC’s new paid medical leave provisions. Proper training and policy updates help prevent HR missteps and minimize legal risk.
Conclusion
As of December 1, 2022, federally regulated employees are entitled to up to 10 days of paid medical leave per year. These employees should give their employers proper notice and submit complaints in writing if denied their rights.
If informal complaints fail, employees can seek remedies through their Union, the CIRB, or the CHRC. An employment and Human Rights lawyer can assist employers and employees with everything from basic legal advice to full legal representation.
Contact Achkar Law
If you are an employer or an employee with questions about your rights and obligations in a federally regulated workplace, or if you need help resolving a workplace dispute, our team at Achkar Law is here to help.
Call toll-free: 1-800-771-7882 | Email: [email protected]
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©
Workplace Law Topics
Employees: Human Rights, Workplace Accommodations, Ministry of Labour Complaint, Employment Dispute and Litigation
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