Global Compliance Desk – Prince Edward Island
Prince Edward Island: New Paid Sick Leave Law
On November 29, 2023, Prince Edward Island’s Bill 106, ‘An Act to Amend the Employment Standards Act’ (“the Act”) received Royal Assent. The amendment has introduced significant changes to the sick leave entitlement under the Employment Standard Act. Effective October 1, 2024, all public and private employees will be entitled to paid sick leave.
Current Sick Leave Legislation
Currently, an employee working for the same employer for at least 3 consecutive months is entitled to 3 working days of unpaid sick leave within a 12-month calendar period. Employees with over five years of continuous service with the same employer are eligible for 1 day of paid sick leave and up to 3 days of unpaid sick leave each calendar year.
Upcoming Changes
Effective October 1, 2024, employees will be entitled to paid sick leave in addition to the existing unpaid leave. The new provisions include –
- One working day of paid sick leave after 12 months of continuous employment.
- Two working days of paid sick leave after 24 months of continuous employment.
- Three working days of paid sick leave after 36 months of continuous employment.
An employee is entitled to take any paid days of leave available to the employee prior to using the unpaid leave days.
Pay Benefits: Employees will receive pay at their regular rate from their employer during paid sick leave.
Maximum Entitlement: Employees can earn up to 3 working days of paid sick leave per calendar year.
No Carry Forward: Unused paid sick leave days cannot be carried over to the next calendar year.
Notice Requirement: If an employee is absent for more than three consecutive calendar days, the employer may request a medical certificate from a healthcare practitioner confirming that the employee was unable to work due to illness or injury.
Take Away – Employers must take proactive steps to comply with the amendments before October 1, 2024. They must review and potentially revise their policies in order to align with the upcoming changes to the existing sick leave requirements.
