On April 29, the government of Ontario introduced a new sick day program that provides time off (paid and unpaid) for situations related to COVID and vaccination. This program is called the Worker Income Protection Benefit.
If your employee wants to use this sick day leave, they must be taking time off for one of the following reasons:
- A COVID test.
- Staying home while waiting for the results of a test.
- Sick with COVID.
- Vaccination.
- Side effects of the COVID vaccination.
- Mental health related to COVID.
- Self-isolation (required by an employer, medical practitioner or other authority).
- Caring for a dependent who has COVID, or symptoms, or who is required to self-isolate.
If your employee does take a sick day for one of these reasons, they are allowed three paid sick days by their employer.
This amount will be reimbursed to the employer through workers compensation (WSIB) for up to $200 per day. These three days do not have to be taken consecutively, and the benefit will not affect the premiums paid to WSIB.
Who is eligible for this program?
Employees must be covered by the Employment Standards Act and must not already receive paid sick days from their employer. This means that independent contractors and federally regulated employees do not qualify.
As an employer, you can ask for evidence “that is reasonable in the circumstances, for the entitlement of the leave.” However, you cannot require your employee to give you a doctor’s note as evidence.
It’s also important to note that paid sick days can affect an employee’s eligibility for CRSB (Canada Recovery Sickness Benefit). This benefit gives income support to employees and self-employed Canadians who are unable to work for at least half of the week due to COVID.
If your employee receives a paid sick day, they cannot claim CRSB for that same week.
Your employee also can’t claim paid sick days during the same period that they are getting any of the below benefits:
- Canada Recovery Benefit (CRB)
- Canada Recovery Caregiving Benefit (CRCB)
- Short-term disability benefits
- Employment Insurance (EI) benefits
Finally, vacation and payroll deductions must be made on the sick day payments, however WSIB will not reimburse any portion of CPP or EI.
For more information on the new Worker Income Protection Benefit, please contact our team today. We would be happy to answer any questions that you may have.
