Coalition of Businesses & Sector Associations Express Concern With Province's Sick Pay Program

Originally published by TIABC on January 28, 2022.

In a letter to Labour Minister Harry Bains, the coalition noted that the sick pay program comes at a difficult time for businesses during the height of the new Omicron wave. It's particularly challenging for businesses such as pubs and restaurants which were not closed (and thus many were ineligible for government assistance) and whose business dropped precipitously.

There are many examples of businesses experiencing functional closures and seeing a significant portion of their employees at home sick. Consequently, operationally and administratively it has been a very challenging start to the year.

One of the group's primary concerns relates to the fact that businesses and employees rely on payroll and human resources information systems to track, store and provide accurate information on use of paid sick days and payment for those days. Nearly all of these systems are based on a workplace having a common ‘employment year’ which is most often the calendar year or a business’s fiscal year.

The current wording of the ‘employment year’ definition on the Employment Standards website from the policy interpretation of Illness or Injury Leave - Act Part 6, Section 49.1 is causing confusion for employers and workers alike: “Employment year” refers to the specific employee’s employment year, based on their start date.

Most businesses remain unaware of this interpretation of the policy. In addition, there are problems faced by businesses struggling to understand how to implement paid sick leave for part-time and short-term employees.

In its letter, the coalition offered a number of recommendations for the province to consider including amending the definition of 'employment year', as well as reimbursing businesses for the additional sick days paid over the annual intended five days paid sick leave businesses understood they were required to pay.

Organizations that signed a letter include TIABC, BC Chamber of Commerce, Greater Vancouver BC Restaurant & Food Services Association, Restaurants Canada, go2HR, ABLE BC, BCHA and others.