Letter to Prime Minister on effective paid sick days policy

Sent by email to [email protected] on October 18, 2021.

A copy of this letter was sent to the Minister of Labour, Minister of Health, Associate Minister of Health, Minister of Diversity and Inclusion, Minister of Employment, Workforce Development, and Disability Inclusion, and leaders of the opposition via email on October 28, 2021.

Dear Prime Minister,

On behalf of the Decent Work and Health Network and its members, we wish to congratulate you on your re-election as the Prime Minister of Canada. We are a group of doctors, nurses, health workers, and experts that have been at the forefront of the movement demanding paid sick days as a public health measure. We see in our practice every day how a lack of paid sick days impacts our patients’ health. Our organization has repeatedly presented evidence to the public that calls for closing the paid sick days gap so that workers can stay home if they are sick.

We are encouraged that your government agrees with what we, along with our colleagues in the medical field, have been calling for and we welcome the Liberal Party’s promise to legislate 10 paid sick days in the Canada Labour Code within the first 100 days of its mandate.

To further support your initiative, we are pleased to share our evidence-based recommendations for an effective paid sick leave policy below. These recommendations are backed by health workers across the country.

Principles of effective paid sick leave policy:

1. Adequate

Adhering to the reasonable number of days recommended by physicians, a minimum of 10 paid sick days is needed to recover from common illnesses and access preventive health services, with additional 14 days for public health emergencies such as the COVID-19 pandemic.

Canada is currently behind the standard set by many OECD countries such as Germany (10 days), Australia (10 days), and Switzerland (10 days). The Liberal government’s commitment to 10 paid sick days is a welcome corrective to this oversight and one that is fitting for a leading economy that cares for its workforce.

2. Universal

Just as the federal government recognized the changing nature of workplaces and expanded the Canada Emergency Response Benefit (CERB) to include those who are left behind, an effective paid sick leave policy must ensure that non-standard workers, those misclassified as independent contractors, and workers with precarious status are protected by paid sick leave provisions. Paid sick days as a public health intervention will only be maximally effective when made available to all workers at the first sign of symptoms. That means no exclusionary waiting or probationary periods.

3. Fully Paid

Employees must receive regular wages on their regular pay day when they take sick days. Providing partial payment or low replacement rates will create an income gap, resulting in contagious presenteeism, which means people will continue to go to work sick. Lower replacement rates are particularly unfeasible for low-wage workers who are disproportionately women, migrants, racialized workers, and workers with disabilities. In order to implement an equitable program, the Liberal government’s paid sick leave policy must ensure that workers are paid their full wages by their employer should they need to stay home when they or their children are sick.

4. Permanent

Your government rightly provided emergency measures during the pandemic that helped curb the spread of infection while providing respite to millions of workers. However, it must be noted that unlike temporary programs, illnesses do not have an expiry date. As such, our public health measures cannot expire. As Chief Public Health Officer of Canada Dr. Theresa Tam explained, permanent paid sick leave is an essential step in preventing future outbreaks and saving lives. As we anticipate oncoming seasonal illnesses such as the common flu overlapping with the fourth wave of the pandemic, access to paid sick days is even more urgent.

5. Seamlessly accessible

The most effective way to reduce barriers to paid sick days is to ensure that they are employer-provided and do not require proof of illness. During the pandemic, jurisdictions that provided temporary sick leave prohibited employers from requiring sick notes because it is a sound public health policy. According to a national poll, 82% of Canadians would rather go to work sick than get a sick note. Administrative hurdles, such as applying for reimbursement or acquiring a doctor’s note, would only disincentivize workers from accessing their sick day entitlements and can be dangerous for industries like food and health services.

Shockingly, in response to one of the worst pandemics in history, no jurisdictions in Canada have introduced adequate permanent sick leave legislation that would save lives. In Ontario, Bill 7, 10 Paid Sick Days for Ontario Workers Act, 2021 by Liberal MPP John Fraser, and Bill 8, Stay Home If You Are Sick Act, 2021, by NDP MPPs, Peggy Sattler, Jill Andrew, Doly Begum, and Sara Singh, are both model legislation. We believe that there is willingness among progressive leaders like yourself to introduce an effective, equitable policy that protects all workers.

You have the opportunity to set a real example – not only for Canada’s provinces and territories, but also for our neighbours in the U.S. The federal government’s leadership on the matter could set the standard for paid sick and emergency leave policy across North America. We hope you will carefully consider the above principles and implement a robust plan as soon as possible. Your urgent action will provide the kind of leadership necessary to push the provinces and territories to follow.

As health providers leading the fight for paid sick days, we would be pleased to discuss this with you further.

Sincerely,

Monika Dutt, MD

Gaibrie Stephen, MD

Shazeen Suleman, MD MPH

Birgit Umaigba, RN

Stephanie Sarmiento, RN, MN

Jesse McLaren, MD

on behalf of the Decent Work and Health Network