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Prince Edward Island Leave Laws & Holidays

Paid Time Off (PTO), Vacation Time, Sick Leave, Maternity Leave, Bereavement Leave, Jury Duty Leave, Reservists' Leave, and Voting Leave

Table Of Contents

Paid Time Off (PTO) in Prince Edward Island

Vacation Leave Quota 

2 or 3 weeks of vacation. 

In Prince Edward Island, employees are entitled to 2 consecutive weeks of vacation leave after the first 8 years of employment and 3 consecutive weeks of leave after 8 years of employment. 

Vacation Pay 

4% or 6% of gross wages. 

Employees are entitled to vacation pay of 4% of gross wages for the first eight years of employment and 6 % of gross wages after eight years of employment. 

Statutory Provisions Addressing Vacation Pay 

Vacation is considered earned wages. 

Payment of Accrued, Unused Vacation Upon Termination 

Accrued, unused vacation must be paid upon termination. 

The employee’s earnings must be paid upon termination of employment. An employer is required to pay the employee no later than the last day of the next regular pay period. 

PTO Accruals 

PTO accrual system is not mandatory in Prince Edward Island, but it is widely used by companies.        

Employers are generally free to design their own vacation accrual system, although it is usually based on the pay period (payroll cycle)

Roll Over (Carry Over, Brought Forward) 

The “use-it-or-lose-it” policy is illegal in Prince Edward Island. 

The “use-it-or-lose-it” refers to a policy or benefit that requires employees to use a certain amount of vacation time within a certain timeframe, or risk losing it. 

Sick Leave in Prince Edward Island

Sick Leave 

Up to 3 days of unpaid leave. 

Employees who have been employed for at least 3 months are entitled to up to 3 days of unpaid leave over 12 months. If an employee takes off three days in a row, the employer may request a medical certificate. 

1 day of paid leave for employees employed for 5+ years. 

Employees who have been employed by the same employer for at least 5 years are entitled to 1 day of paid sick leave per year (plus the regular 3 days of unpaid sick leave). 

Family Leave 

Up to 3 days of unpaid leave. 

Employees who have been employed for at least 6 months are entitled to up to 3 days of unpaid leave per year to provide care for a person who is a member of the immediate family (a spouse, a child, a parent, or a brother/sister) or extended family of the employee (a grandparent, a grandchild, in-laws, an uncle, etc.). 

Compassionate Care Leave  

Up to 28 weeks of unpaid leave. 

Employees are entitled to up to 28 weeks of unpaid leave to provide care and support to a family member with a serious health condition with a significant risk of death within 26 weeks. Leave can be taken for periods no shorter than a week and by 2 or more employees, not to exceed 28 weeks. A written notice and a medical certificate are required. 

Leave for Care of a Critically Ill Child 

Up to 37 weeks of unpaid leave. 

Employees are entitled to up to 37 weeks of unpaid leave within 52 weeks to care for a critically ill child under 18. Leave may be taken for periods not shorter than a week. Leave may be taken by 2 or more employees for the same critically ill child or children, not to exceed 37 weeks. A written notice and a medical certificate are required. Employees are eligible for leave if they have worked for the same employer for at least 3 consecutive months

Domestic Violence Leave, Intimate Partner Violence Leave, or Sexual Violence Leave 

Up to 3 days of paid leave and up to 7 additional days of unpaid leave per year. 

Employees who have worked at least 3 months for the same employer are entitled to up to 3 days of paid leave and up to 7 additional days of unpaid leave per year. Leave may be taken for various reasons related to seeking medical attention, accessing services from a victim services organization, receiving psychological or other professional counseling, etc. 

Maternity, Paternity, and Parental Leave in Prince Edward Island

The maternity leave could last a maximum of 78 weeks (the maternity leave itself lasts for 17 weeks, and after that, mothers can take an additional 61 weeks of parental leave). 

Maternity Leave 

Up to 17 weeks of job-protected unpaid leave. 

Employees are entitled to take up to 17 weeks of job-protected unpaid leave if they have been employed by their current employer for at least 20 weeks during the previous 52 weeks before their leave.  

Leave can be taken at any time during the period of 13 weeks immediately preceding the estimated date of birth. Employees are entitled to up to 6 additional weeks if the actual date of birth is later than the estimated date.  

Employees must provide written notice and a medical certificate. 

Parental Leave 

Up to 62 weeks of unpaid leave. 

Eligible employees are entitled to up to 62 weeks of job-protected unpaid leave to care for their newborn or adopted child. Leave may be taken by the mother and/or the father, not to exceed 62 weeks in total.  

The rules for eligibility are the same as for maternity leave (working 20 weeks in the previous 52 weeks). 

Employees must provide written notice and a medical certificate.  

Payout 

Maternity and parental leave in Prince Edward Island are unpaid. 

Bereavement Leave in Prince Edward Island

2 or 3 days. 

Employees are entitled to up to 1 day of paid leave and 2 days of unpaid leave if the deceased person was a member of the immediate family of the employee (a spouse, a child, a parent, or a brother/sister) and up to 3 consecutive days of unpaid leave if the deceased person was a member of the employee’s extended family (a grandparent, a grandchild, in-laws, an uncle, etc.). 

Starting from November 17, 2021, staff who have gone through a prenatal pregnancy loss or stillbirth are eligible to take bereavement leave, just like those who have lost an immediate family member. Additionally, employees who are the spouse, partner, or intended parent of a child born through a surrogacy agreement would also have the right to take this leave in the event of a prenatal pregnancy loss or stillbirth. 

Jury Duty Leave in Prince Edward Island

Leave without pay

Employees are entitled to take an unpaid leave of absence if they are selected to serve on a jury or are required to appear as a witness in court. This type of leave must be granted to an employee who is summoned or selected to serve on a jury, or is needed to attend a hearing, an application, or a proceeding as a witness. 

Payout 

Jury duty leave in Prince Edward Island is unpaid. However, jurors can claim an allowance or compensation from the government for time spent in court. In Prince Edward Island, jurors receive $40 per day. 

Reservists’ Leave in Prince Edward Island

Leave without pay

Employees who are members of the Canadian Forces and who have been employed for at least 6 consecutive months are entitled to job-protected unpaid leave for the period necessary to accommodate the period of service for which the employee is required to take leave. Employees must provide reasonable verification and written notice. Employers must reinstate employees. 

Payout 

Reservists’ leave is unpaid. 

Voting Leave in Prince Edward Island

1 paid hour of leave. 

All employees who are qualified to vote have the right to 1 hour during polling hours on Election Day to cast their vote. In cases where 1 hour is not available outside of work hours, the employer has the authority to decide when the employee can take time off during the workday based on what is most convenient for the employer. 

Payout 

Voting leave is paid by an employer. 

The 2023 Statutory Holidays in Prince Edward Island

8 paid holidays

The statutory holidays in Prince Edward Island for 2023 are: 

New Year’s Day 

Islander Day (3rd Monday in February) 

Good Friday 

Canada Day 

Labour Day 

National Day for Truth and Reconciliation (September 30th) 

Remembrance Day 

Christmas Day 

Sources

  1. Employment Standards, https://www.princeedwardisland.ca/en/topic/employment-standards-0
  2. Leave Options / Time Away from Work, https://www.princeedwardisland.ca/en/topic/leave-options-time-away-from-work

Updated: January 23, 2023 

Check out our Leave Laws page to learn more about laws in various countries.

All materials have been prepared for general information purposes only to permit you to learn more about this region's leave laws. The information presented is not legal advice, is not to be acted on as such, and may not be current. Please contact your local legal counsel to learn more about the leave laws in your country.

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