Bill 25 2013

An Act governing sick days in the broader public sector

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

   1.  In this Act,

"employee" has the same meaning as in the Public Sector Salary Disclosure Act, 1996; ("employé")

"public sector employer" has the same meaning as an employer in the Public Sector Salary Disclosure Act, 1996. ("employeur du secteur public")

Compliance with this Act

   2.  Every public sector employer shall comply with this Act with respect to its employees.

Restriction re compensation for unused sick days

   3.  (1)  A public sector employer shall not compensate an employee with respect to unused sick days.

Exception

   (2)  Subsection (1) does not apply to an individual who was an employee of a public sector employer on the day this Act receives Royal Assent, if that individual has been continuously employed with that employer since that day.

Use of unused sick days

   4.  (1)  A public sector employer shall not allow an employee to use any unused sick days except when the employee is sick or when the employee is caring for a sick family member.

Accumulating sick days

   (2)  Subsection (1) does not prevent an employee from accumulating unused sick days.

Evidence of sickness

   5.  (1)  If an employee of a public sector employer has used a sick day and he or she has not, if required, provided sufficient evidence of sickness in accordance with the regulations, the employee shall repay any compensation received from the employer in respect of the sick day and that amount is a debt due to the employer and the employer may recover it by any remedy or other procedure available to the employer by law, including by setting it off against compensation owing to the employee that the employer has not yet paid to the employee.

Regulations

   (2)  The Lieutenant Governor in Council may make regulations governing the furnishing of evidence of sickness from employees in the public sector who wish to use sick days, including when evidence is required and what constitutes sufficient evidence in different circumstances.

Conflict with this Act

   6.  (1)  This Act and the regulations prevail over any provision of an employment contract or collective agreement and, if there is a conflict between this Act or a regulation and an employment contract or collective agreement, the employment contract or collective agreement is inoperative to the extent of the conflict.

Same, other laws

   (2)  This Act and the regulations prevail over any other Act and over any regulation, by-law or other statutory instrument.

Commencement

   7.  This Act comes into force on the day it receives Royal Assent.

Short title

   8.  The short title of this Act is the Sick Days are for Sick People Act, 2013.

EXPLANATORY NOTE

The Bill enacts the Sick Days are for Sick People Act, 2013.

Under the Act, public sector employers are not permitted to compensate employees for unused sick days.  An exception is provided for individuals who are employed by a public sector employer on the day the Act comes into force, as long as they continue to be employed by that employer.

Public sector employers are not permitted to allow employees to use any unused sick days except when the employee is sick or is caring for a sick family member.

If an employee of a public sector employer uses a sick day but does not, if required, provide sufficient evidence of sickness in accordance with the regulations, the employee must repay any compensation received from the employer in respect of the sick day.  Regulations may be made governing the furnishing of evidence of sickness, including when it is required and what constitutes sufficient evidence in different circumstances.