Paid sick leave in BC: Your questions answered

From January 1, 2022, BC will give workers at least five days of paid sick leave, most of any province.

The provincial government says more than one million BC workers do not have access to paid sick leave at present.

But as the wave of enthusiasm – and criticism – around the message builds, many British Colombians have been left with questions about how exactly the legislation will work and who it will benefit.

CBC News sat down to answer some of our readers’ most pressing questions. Here is what we learned:

Who is eligible?

On the surface, the answer seems to be unequivocal.

In short, the legislation on paid sick leave applies to all employees, including part-time employees, who are covered by the Employment Standards Act (ESA).

However, the law does not cover federally regulated sectors, self-employed workers and employees in occupations and professions excluded from ESA.

What about independent contractors?

This is where it gets messy.

More and more workers are embracing the concert economy, with popular apps like Uber, Skip the Dishes and Task Rabbit offering convenient and flexible employment opportunities.

Most of these apps refer to their employees as independent contractors. But that term may be unclear, according to experts.

“Many concert workers may be covered, but many may not,” said Deputy Labor Secretary Trevor Hughes.

“Just calling someone a concertgoer or just saying they are excluded from the employment standard system does not do that.”

Deputy Labor Minister Trevor Hughes says the rules around so-called independent contractors like Uber drivers are scary, but they may still be entitled to paid sick leave. (Gene J. Puskar / Associated Press)

He says it all depends on the relationship between the worker and the employer, and the final decision lies with the Employment Standards Branch.

Hughes says if workers feel they should be considered employees and not independent contractors, they can file a complaint to the branch.

So there is a possibility that those working in the gig economy may be entitled to paid sick leave.

As the industry continues to grow, Hughes says many provinces and countries need to adapt and update their laws.

What is a federally regulated sector and why is it excluded?

In Canada, certain industries with national operations requires federal regulation. They include airlines, banks and crown companies like Canada Post.

Employees in these industries are covered by the Canada Labor Code instead of BC’s ESA.

Right now, federally regulated employees have access three days of paid vacation per year.

Who must pay for sick leave?

The financial burden of the paid sick leave lies entirely on the shoulders of the employer, Hughes says.

This differs from the province’s current COVID-19 sick leave program, which will reimburse employers up to $ 200 a day.

Hughes says the government is aware that this will add cost to an employer’s bottom line.

But he says the alternative of an employee getting sick at work, potentially spreading a virus and the restaurant being forced to close for a moment, could put an even greater financial burden on the employer.

(1/2) No one should have to choose between getting sick at home & getting paid. I’m proud of that
bring the first #paidsickleaveprogram ever for #BC on January 1st. Workers get 5 sick pay
days / year Read the news release here. https://t.co/KM32zjb5hg pic.twitter.com/mBDA6KRius

–@HarryBainsSN

How is the payment calculated?

These days, there are several different compensation schemes in the workplace. Some employees receive hourly wages, others earn wages. And what about commission?

Hughes says workers will be paid on average what they have earned in the past 30 days.

Can I use my sick leave to care for a sick relative?

None.

Hughes says the leave only applies to personal illness and injury.

However, he adds that job protection already exists to support someone in a similar situation.

Should sick leave be required?

This is where the legislation again deviates from black and white and provides some flexibility.

Legislation states that employers are entitled to reasonable evidence that an employee is ill.

“But it’s unreasonable to insist on a medical certificate in any case,” Hughes said.

Employers, he says, will need to devise a system that still leaves room for flexibility and judgment at the moment.

Can I beat my paid sick leave? does it carry over?

Unlike cell phone minutes, paid leave is not transferred, Hughes says.

A worker is entitled to five paid sick days per year from 1 January. All unused time simply disappears.