Bulletin No. 030 – Air Canada – Arbitration Victory – Medical Leave Attendance Policy

Dear Members,

I am proud to say that our efforts were successful and that as of Dec.1, 2022, the Canada Labour Code was amended to provide 10 paid sick days for workers in the federal jurisdiction. There has been less success at the provincial level, particularly in provinces where Conservative governments brought in temporary measures, which are now expired.

The accrual of sick days starts in December, but actual sick days are not accrued until next year. 3 days will be accrued at the end of the first 30 days of legislation coming into effect, then additional days are accrued at a rate of 1 day per month, to a maximum of 10 days. It’s important to note that paid sick days are not in addition to what Collective Agreements provide, rather, if the Collective Agreement is inferior to the new law, employers must abide by the superior legislation. Sick days can’t be stacked with days available under a Collective Agreement; workers have access to either their Collective Agreement entitlements, if that agreement is superior to the law, or 10 days if the legislation is better than the agreement. The two cannot be combined. As a general rule, when determining if a Collective Agreement provides a better benefit than the new law, consider the entirety of sick day clauses in Collective Agreements.
In solidarity,

Dave Flowers President & Directing General Chairperson