Legislative Update – Amendments to ESA sick leave now in effect

Amendments for employer paid sick leave for illness and injury under the BC Employment Standards Act (ESA) were passed into legislation on March 31, 2022. The new provisions to the Act provide for 5 days of sick leave per employment year for employees who have completed 90 consecutive days of employment regardless of whether they are governed by a collective agreement that has alternative sick leave provisions.

Since the changes to the law, we have ​been engaged ​with the City of New Westminster ​regarding their plans to address this sick leave for our members. We can confirm that auxiliary staff who receive 12% in lieu of benefits who took sick leave from March 31, 2022, onwards and meet the requirements of s. 49.1 are entitled to this leave. The City will pay auxiliaries who are receiving 12% in lieu of benefits, in accordance with calculation set out in s. 49.1 (3) of the ESA.  Eligible auxiliary staff seeking entitlement should contact their immediate supervisors ​and/or HR

Your Executive will continue to press the employer to implement changes for CUPE 387 full-time, part-time and auxiliary members receiving 16% in lieu of benefits.