Canada’s Prince Edward Island Introduces Bill that Would Increase Employees’ Entitlement to Paid Sick Leave

On November 7, 2023, Prince Edward Island (PEI) introduced Bill 106, An Act to Amend the Employment Standards Act (Bill 106) for First Reading. Bill 106 proposes to increase dramatically the paid sick leave to which employees in the province are entitled under the Employment Standards Act (ESA).

Currently, employees in PEI are entitled to one day of paid sick leave per calendar year after five years of continuous service. Bill 106 proposes to increase employees’ paid sick leave entitlement as follows: 

  • Employees would earn a maximum of five paid sick days per calendar year: three days would be earned after 90 days of continuous employment; an additional two days would be earned after 180 days of continuous employment with the same employer;
  • Unused paid sick days would not be permitted to be carried forward to the following calendar year;
  • Employers would be permitted to require employees who take three consecutive days of sick leave to provide medical certificates certifying that the employee is or was unable to work due to illness or injury;
  • Employees would be permitted to take any available paid sick days prior to taking any unpaid sick days;
  • The Minister of Workforce, Advanced Learning and Population would be authorized to implement a financial support program to help employers adapt to any increased costs associated with paid sick leave; and
  • Pay statements and payroll records would be required to include paid sick days. 

We will follow the legislative process as it unfolds and update our readers if/when Bill 106 receives Royal Assent. 

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.