The Canadian federal government published final regulations and additional guidance regarding new paid leave obligations for federally regulated employers that take effect December 1, 2022. The final regulations address, among other topics, the regular rate of wages calculation for purposes of medical leave, record-keeping requirements, and administrative monetary penalties. The guidance documents clarify the interplay between the new leave obligations and existing paid leave under a collective agreement or other employment contract.

Last December, Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code (Bill C-3), received Royal Assent. Once in force, Bill C-3 will repeal the Canada Labour Code’s (CLC) current entitlement for employees in federally regulated workplaces¹ to a leave of absence of up to five days in every calendar year to treat illness or injury, and instead entitle them to a maximum of 10 days of paid medical leave per calendar year. The actual number of days that an employee will earn will depend on the length of their continuous employment.

On June 23, 2022, Bill C-19, Budget Implementation Act, 2022 (Bill C-19), received Royal Assent. Bill C-19 made amendments to the paid medical leave provisions in Bill C-3. Among these amendments, Bill C-19 reduced the eligibility period for earning additional paid medical leave days after the initial entitlement, from 60 days of continuous employment to 30 days.

As previously discussed, on July...

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