In Newfoundland and Labrador, the Labour Standards Act does not force employers to provide paid sick days. However, if you have worked for the same employer for at least 30 days, you are legally entitled to 7 days of job-protected, unpaid sick or family responsibility leave per year.
Catching the flu or needing time off to care for a sick child is an unavoidable part of life. When you wake up feeling unwell, the last thing you want to worry about is whether your boss will fire you for staying home. For many workers in Newfoundland and Labrador, understanding exactly what type of sick leave they are legally entitled to is confusing, especially when comparing provincial rules to other parts of Canada.
Unlike some provinces that have introduced mandatory paid sick days, Newfoundland and Labrador currently only mandates unpaid sick leave for the vast majority of non-unionized workers. While your employer does not have to pay your daily wage while you rest, they are legally forbidden from disciplining or firing you for taking your allowed sick days under the Labour Standards Act.
Step-by-Step Process to Taking Sick Leave in NL
Whether you are a barista in St. John’s, a tradesperson in Gander, or an office worker in Corner Brook, your rights regarding short-term illness are standardized. Follow these steps to ensure your job remains protected while you recover.
Step 1: Check Your Employment Contract
The provincial law only sets the minimum standard. 🔍 Before assuming your sick days are unpaid, check your employment contract, employee handbook, or union collective agreement. Many private companies in NL choose to offer 3 to 5 paid sick days as a perk to attract good workers. If your contract offers paid days, your employer must legally honour that promise.
Step 2: Confirm Your Eligibility
If your company only follows the bare minimum provincial standards, you must ensure you qualify for job protection. Under the Labour Standards Act, you must have been employed continuously by the same employer for at least 30 days. If you meet this requirement, you are entitled to up to 7 unpaid days per year for your own illness or to care for a sick family member.
Step 3: Notify Your Employer Immediately
You cannot simply no-show your shift. You must inform your manager or HR department as soon as reasonably possible that you are sick and will not be coming to work. Giving proper notice protects you from being disciplined for job abandonment. A quick phone call or email before your shift starts is usually sufficient.
Step 4: Provide a Medical Certificate if Asked
If you are sick for three or more consecutive days, your employer has the legal right to ask for a note from a doctor or nurse practitioner. You must provide this medical certificate within a reasonable timeframe. The note does not need to disclose your specific medical diagnosis, only that you were unfit for work during those specific dates.
How Much Does it Cost in Newfoundland and Labrador?
Taking sick leave in NL can unfortunately impact your wallet, as the province does not mandate pay for missed shifts.
- Lost Wages: Taking one of your 7 allotted sick days usually means losing a full day’s pay, unless your company voluntarily offers paid leave.
- Medical Notes: If your employer demands a sick note for an absence of three days or more, most family clinics in NL charge a fee for the paperwork, typically ranging from $20 to $40 CAD.
- Federal Support (EI): If you are sick for a longer period (over a week), you may qualify for Federal Employment Insurance (EI) Sickness Benefits, which pays 55% of your regular earnings.
| Type of Worker | Paid Sick Days Required by Law | Unpaid Sick Days Allowed |
|---|---|---|
| Standard Non-Union Employee (NL Law) | 0 days | 7 days per year |
| Federally Regulated Worker (e.g., Airlines, Banks) | Up to 10 days | Various |
| Unionized / Contract Employee | Depends on contract | Minimum 7 days per year |
How Long Does the Process Take?
Your 7 unpaid sick days are available to use immediately after you pass your first 30 days of employment. 🕑 The 7 days do not roll over; they reset every calendar year. If your illness lasts much longer, you may need to apply for EI Sickness Benefits, which can cover you for up to 26 weeks while you recover.
Frequently Asked Questions (FAQ)
Can I be fired for taking my 7 sick days?
No. Under the Labour Standards Act, taking your 7 days of unpaid sick/family responsibility leave is a protected right. Firing or disciplining you for using these days is illegal and could lead to a wrongful dismissal claim.
What happens if I need more than 7 days?
If you run out of the 7 provincial days, you may still be protected under the Human Rights Act, which requires employers to accommodate serious medical conditions to the point of undue hardship. You should apply for Federal EI Sickness Benefits for longer absences.
Do banks and airline workers get paid sick days?
Yes. If you work in a federally regulated industry (like banking, telecommunications, or interprovincial trucking), you fall under the Canada Labour Code, which guarantees up to 10 paid medical leave days per year, rather than NL provincial law.
Can I use my sick days to care for my child?
Yes. The 7 unpaid days provided by the province are officially designated as “Sick or Family Responsibility Leave.” You can use them to stay home with a sick child, an elderly parent, or a dependent family member.
Can my employer ask what illness I have?
No. Your specific medical diagnosis is deeply private. Your employer and your medical note only need to confirm that you are physically or mentally unfit to perform your work duties on the specified dates.
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