Employment Insurance Regulations

65 A Cumulative Paid Sick Leave Plan shall meet the following requirements:

• (a) the plan must satisfy all the requirements of section 63, except the requirements of paragraphs 63(e) and (f);

• (b) the plan must credit an insured person covered by the plan, after the completion of the period referred to in subparagraph 63(a)(i) or after the accumulation of the number of hours referred to in subparagraph 63(a)(ii), with one or more days of paid sick leave for each subsequent full month of active employment, of which at least one day per month is available only for the insured person’s illness or injury, while the insured person remains at home because of pregnancy or to care for a child or children referred to in subsection 23(1) of the Act or while the insured person is providing care or support to a family member referred to in subsection 23.1(2) of the Act or to a critically ill child;

• (c) notwithstanding paragraph (b), the plan may

  • (i) allow the paid sick leave credit referred to in that paragraph to be prorated in relation to the total period of active employment in a month,

  • (ii) preclude the accumulation of paid sick leave for a month in which the insured person has not been actively employed for at least twice the number of hours in the insured person's normal work week, and

  • (iii) allow the insured person to use paid sick leave while remaining at home because of pregnancy or to care for a child or children referred to in subsection 23(1) of the Act or while providing care or support to a family member referred to in subsection 23.1(2) of the Act or to a critically ill child;

• (d) where eligibility to use paid sick leave is deferred in the case of an insured person who is employed on a temporary basis or is serving a probationary period, it cannot be deferred for a period greater than 12 months beginning on the day the insured person commences employment or joins the plan;

• (e) the days of paid sick leave available only in respect of the insured person’s illness or injury, or while the insured person remains at home because of pregnancy or to care for a child or children referred to in subsection 23(1) of the Act or while the insured person is providing care or support to a family member referred to in subsection 23.1(2) of the Act or to a critically ill child, that are not used for those purposes must be accumulated at the rate prescribed in paragraphs (b) and (c), and the maximum number of days of paid sick leave that may be so accumulated is not less than 75 working days; and

• (f) subject to the elimination period referred to in paragraph 63(b), benefits are payable under the plan with respect to the insured person's illness or injury until the earliest of

  • (i) the end of a period of at least 75 working days during which the benefits are paid,

  • (ii) the end of the period of incapacity due to the illness or injury,

  • (iii) the exhaustion of all accumulated paid sick leave,

  • (iv) the date the insured person retires, and

  • (v) the date of the insured person's separation from employment for any reason other than illness or injury, where notice of the separation was given before the onset of the illness or the occurrence of the injury.