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Non–work-related accident or illness

The employment relationship is protected for workers who are absent from work owing to a non–work related accident or illness. An employer may not impose sanctions because the person was absent.

Workers have the right to be absent from work in the event of non-work-related illness or injury. Their employment relationship is protected for up to 26 weeks in any 12-month period. The employer cannot sanction someone because they have been absent for those reasons, whether the absence is short or long-term.  

The absence is without pay, except for the first two days, which must be paid if not already used for other reasons during the year. Depending on their situation, the worker could use their group or private insurance plan to receive income replacement indemnities.

Medical note

The employee must inform their employer of their absence as soon as possible and provide the reasons for their absence (illness or injury). A medical note is not mandatory, but the employer may request an official document confirming the reason for the absence if circumstances warrant it, including due to the duration or frequency of the absence. When requesting proof, the employer must respect the employee’s rights to privacy at work. For example, a medical record is private.

Note

In the event of a work accident or occupational disease, other provisions apply. 

Days of absence with pay

If the worker is credited with 3 months or more of uninterrupted service with their employer, the first 2 days of absence are with pay if they are absent for any of the following reasons:

They are entitled to a total of 2 days of absence with pay per calendar year (January 1 to December 31). These days of absence may not be deferred from one year to the next or replaced with an indemnity.

The division of days of absence with pay owing to illness or an accident is not provided for in the Act. If the worker is absent for only part of the day owing to illness or for another health related reason, they must take leave without pay. They are, however, still entitled to their full days of absence with pay.

However, if authorized by the employer, these days may be divided. In this case, the pay must be calculated based on the number of hours of absence.

How to calculate the pay for days of absence with pay

Whether the worker is full time or part time or paid by commission, days of absence with pay are calculated in the same way as the statutory holiday indemnity.

You can use monCalcul to estimate the amount.

Examples of how to calculate the indemnity

Fannie has a regular schedule

Fannie was absent from work owing to illness for 3 days. She works 40 hours a week, 8 hours a day, and earns $20 an hour.

Fannie is entitled to 2 days of absence with pay per year for health reasons. If she has not already used these 2 days of absence, her employer must pay 2 of the days she was absent.

Calculation of the wages earned during the 4 weeks of pay preceding the absence:
160 h (40+40+40+40) x $20 = $3,200

Calculation of the amount to be paid for one day of absence
$3,200 ÷ 20 = $160

The employer will have to pay Fannie $320 ($160 + $160) for her 2 days of absence.

Mouhamed has a regular schedule and is paid by commission

Mouhamed was absent from work owing to illness for 4 days. He works 35 hours a week and earns $18 an hour. He also receives commissions on his sales.

He received $1,500 in commission during the 12 complete weeks of pay preceding the week of his absence.

Calculation of the wages earned during the 12 weeks of pay preceding the absence:
420 h (35 hours per week x 12 weeks) x $18 =$7,560
$7,560 + $1,500 (commissions earned) = $9,060

Calculation of the amount to be paid for one day of absence
$9,060 ÷ 60 = $151

The employer will have to pay Mouhamed $302 ($151 + $151) for his 2 days of absence.

Laws and regulations

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