How to stay compliant as longer job-protected leaves roll out – Canadian HR Reporter How to stay compliant as longer job-protected leaves roll out – Canadian HR Reporter

With several provinces having introduced changes to job-protected sick leave, employers should review their time-off policies to ensure they are aligned with the new rules, says Catherine Hamill, a partner in the Employment and Labour Group, in an interview with Canadian HR Reporter.

“A lot of provinces had much shorter or non-existent long-term illness leaves before that, and so a lot of that is new,” says Catherine. “A lot of workplace policies won’t necessarily reflect that.”

This mismatch can leave employers exposed to everything from policy compliance to privacy and human rights.

Statutory leaves are integrated with a company’s health benefits such as sick days, short-term disability and long-term disability, as well as federal employment insurance sickness benefits. “One of the best practices is for employers to ensure employees going on medical leave are aware of what benefits may be available to them either through the company or through the government, and how to apply,” says Catherine. As a leave progresses, employers should monitor when employees might become eligible for long-term disability. “Make sure they’re aware and send them the documents and help them through the process to the extent that you can,” she says.

Shorter leaves

Catherine says it can be challenging for employers when an employee is going on a series of shorter leaves. From an operational perspective, covering a single three-month absence may be easier than managing repeated one- or two-week absences that might be mixed in with brief returns to work. “Employers should ensure they’re tracking the leave and the medical notes, ensure they’re keeping in contact with the employee to understand expectations about when they might come back, or when they might have to go off,” she says.

Any internal policies or procedures related to medical notes should also be reviewed, she adds. Changes have been made across jurisdictions for when employers can request medical certificates and for what purposes.

Missteps often arise from confusion about what information can be requested, when statutory leaves are triggered, or how far accommodation duties extend. The best practice is regular but respectful check-ins. Catherine recommends touching base when an employee first goes off work, and again closer to the anticipated return date, while avoiding excessive contact.

“You don’t want to be checking in too often and bothering them while they’re off — especially depending on the type of leave,” she says. “So, there’s a balance.” 

Read the full article by author Sarah Dobson posted on January 19, 2026.