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.
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:
- owing to sickness or an accident
- to fulfil family obligations relating to the care, health or education of their child or their spouse’s child
- to fulfil family obligations as an informal caregiver for a relative or another person owing to their state of health
- for organ or tissue donation
- following domestic violence or sexual violence or a criminal offence
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 these days of absence with pay is not provided for in the Act. If the worker is absent for only part of the day due to illness or for another health-related reason, they must take leave without pay. However, they are 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
Pay for days of absence is calculated in the same way as the statutory holiday indemnity. Each day of absence is calculated based on 1/20 of the wages earned during the 4 complete weeks of pay preceding the week of the holiday, excluding overtime.
Fannie is absent from work for 3 days owing to sickness. 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 these 2 days of absence.
Do not hesitate to use monCalcul to calculate the indemnity.
Length of absence that is protected
A worker may be absent for an extended period owing to an accident or an illness. They may be absent for 26 weeks without pay over a 12-month period if they are ill or had an accident that is not related to their work and means that they are unable to work.
They must advise their employer of their absence as soon as possible.
If warranted by the circumstances, the employer may ask them to provide an official document attesting to the reasons for the absence and the length of the absence.