Sick Days are for Sick People Act, 2013 O'Toole, John — Bill 25 (40th Parliament, 2nd Session)

Bill 25, 40-2

Ontario — Bills

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Bill 25, Sick Days are for Sick People Act, 2013

O'Toole, John

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Debates

Original

[40] Bill 25 Original (PDF)

Bill 25 2013

Act governing sick days in the broader public sector

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In

this Act,

"employee"

has the same meaning as in the Public Sector Salary Disclosure Act, 1996 ; ("employé")

"public sector employer" has the same meaning as an employer in the Public Sector Salary Disclosure

Act, 1996. ("employeur du secteur public")

Compliance

with this Act

2. Every

public sector employer shall comply with this Act with respect to its

employees.

Restriction

re compensation for unused sick days

(1) A

public sector employer shall not compensate an employee with respect to unused

sick days.

Exception

(2) Subsection (1) does not apply to an individual who was

an employee of a public sector employer on the day this Act receives Royal

Assent, if that individual has been continuously employed with that employer

since that day.

Use

of unused sick days

(1) A public sector employer shall not allow an

employee to use any unused sick days except when the employee is sick or when

the employee is caring for a sick family member.

Accumulating

sick days

(2) Subsection (1) does not prevent an employee from

accumulating unused sick days.

Evidence

of sickness

(1) If an employee of a public sector employer has

used a sick day and he or she has not, if required, provided sufficient

evidence of sickness in accordance with the regulations, the employee shall

repay any compensation received from the employer in respect of the sick day

and that amount is a debt due to the employer and the employer may recover it

by any remedy or other procedure available to the employer by law, including by

setting it off against compensation owing to the employee that the employer has

not yet paid to the employee.

Regulations

(2) The Lieutenant Governor in Council may make

regulations governing the furnishing of evidence of sickness from employees in

the public sector who wish to use sick days, including when evidence is

required and what constitutes sufficient evidence in different circumstances.

Conflict

with this Act

(1) This

Act and the regulations prevail over any provision of an employment contract or

collective agreement and, if there is a conflict between this Act or a

regulation and an employment contract or collective agreement, the employment

contract or collective agreement is inoperative to the extent of the conflict.

Same,

other laws

(2) This Act and the regulations prevail over

any other Act and over any regulation, by-law or other statutory instrument.

Commencement

7. This

Act comes into force on the day it receives Royal Assent.

Short

title

8. The

short title of this Act is the Sick Days are for Sick People Act, 2013 .

EXPLANATORY NOTE

The

Bill enacts the Sick Days

are for Sick People Act, 2013.

Under

the Act, public sector employers are not permitted to compensate employees for

unused sick days. An exception is provided for individuals who are employed by

a public sector employer on the day the Act comes into force, as long as they

continue to be employed by that employer.

Public

sector employers are not permitted to allow employees to use any unused sick

days except when the employee is sick or is caring for a sick family member.

an employee of a public sector employer uses a sick day but does not, if

required, provide sufficient evidence of sickness in accordance with the

regulations, the employee must repay any compensation received from the

employer in respect of the sick day. Regulations may be made governing the

furnishing of evidence of sickness, including when it is required and what

constitutes sufficient evidence in different circumstances.

Date Bill stage Activity Committee

March 21, 2013

Second Reading

Lost on division

March 21, 2013

Second Reading

Debate

March 6, 2013

First Reading

Carried

Debates and Progress

First Reading

March 6, 2013

Committee

Second Reading

March 21, 2013

Mr. John O’Toole, Mr. Gilles Bisson, Hon. Mario Sergio, Mr. Rick Nicholls, Ms. Teresa J. Armstrong, Mr. Mike Colle, Mr. Randy Hillier, Mr. Rosario Marchese, Mr. Rob Leone

March 21, 2013

March 21, 2013

Lost on recorded division.

Committee

Third Reading

Royal Assent

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Document details

Collection	Ontario — Bills
Citation	Bill 25, 40-2
Type	bill
Volume / chapter	p40 s2 bill 25 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	4ba42791a7cfeb2de1247836f8954fd73016d9fe

Source file is stored in the law ingest library (html).