Arbitrator Considers Interaction Between Canada Labour Code Paid Medical Leave Days And Other Employer-Paid Benefits

In United Steelworkers Local 14193 v. Cameco Fuel Manufacturing Inc., 2023 CanLII 115899 (ON LA), an arbitrator dismissed a union's policy grievance on the grounds that, contrary to the union's assertion, the employer could count approved sick days paid at 100% of weekly earnings under its short-term disability benefits plan (STD Plan) as paid medical leave days under the Canada Labour Code (CLC).

CLC Paid Medical Days

On June 23, 2022, federal Bill C-19, Budget Implementation Act, 2022, No. 1, received Royal Assent. Among other legislative changes, Bill C-19 made amendments to the paid medical leave of absence provisions in s. 239 of the CLC, that were included in Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code (Bill C-3). The provisions relating to medical leave of absence came into force on December 1, 2022.