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Prince Edward Island Leave Laws

laws

Holidays

Paid federal statutory holidays

  • New Year’s Day – 1st January
  • Good Friday – 2 days before Easter Sunday
  • Victoria Day – Monday preceding May 25th 
  • Canada Day – 1st July
  • Labour Day – first Monday of September
  • Thanksgiving Day – second Monday of October
  • Remembrance Day – 11th November
  • Christmas Day – 25th December
  • Boxing Day – 26th December

Provincial Paid holidays

Prince Edward Island has an additional holiday

  • Islander Day –  3rd Monday of February

To be eligible to work, the employee must have:

  • Been employed for at least 30 calendar days prior to the holiday
  • Worked at least 15 of the 30 calendar days prior to the holiday
  • Worked the scheduled shift before and after the holiday

Eligible Pay Rate and/or Entitlement:

  • If the holiday falls on a regular workday = Stat pay + 1.5 times regular rate for hours worked OR regular rate for hours worked + one day paid leave
  • If the holiday falls on a non-working day: Employee will receive one day paid leave (taken no later than the next annual vacation)

Vacation

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

Vacation Pay 

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. 

The rollover policy

  • Statutory Provisions Addressing Vacation Pay

Vacation is considered earned wages.

  • Use-It-or-Lose-It Policy

In Canada is illegal to use the policy. 

  • Payment of Accrued Vacation upon Termination

The employee’s earnings must be paid upon termination of employment. An employer is required to pay the employee not later than the last day of the next regular pay period.

 

Accruals

  • Vacation and PTO

Vacation pay is calculated as a percentage of the gross wages an employee earns during the “year of employment”.

 

  • Personal leave and Family Leave – Sick Leave

Family Leave

Employees who have been employed for at least 6 months are entitled to up to 3 days per year of unpaid leave to provide care for a person who is a member of the immediate family or extended family of the employee.

 

Sick Leave

Employees who have been employed at least 3 months are entitled to up to 3 days of unpaid leave per year.

 

Paid Sick Leave

Employees who have been employed for the same employer at least for 5 years are entitled to one day of paid sick leave per year.

Maternity and Parental Leave

Maternity Leave

Employees are entitled to take up to 17 weeks of job-protected unpaid leave if they have been employed for at least 20 weeks of the 52 weeks immediately preceding the commencement date for the maternity 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

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 one or two employees, not to exceed 78 weeks. Employees must provide written notice and a medical certificate.  

Jury Duty Leave

All employers must allow employees to take unpaid leave in order to attend court as jurors. 

Bereavement Leave

  • Employees are entitled to up to one day of paid leave and two consecutive days of leave if the deceased person was a member of the immediate family of the employee and up to three consecutive days of unpaid leave if the deceased person was a member of the extended family of the employee. Leave Related to Crime-Related Disappearance or Death of ChildEligible employees who have worked at least 3 consecutive months are entitled to up to 52 weeks of unpaid leave due to a child disappearance as a result of a crime and up to 104 weeks of unpaid leave due to a death of a child as a result of the crime. The total amount of leave taken by 2 or more employees must not exceed 52 weeks for the disappearance of a child and 104 weeks for the death of a child.

Compassionate Care Leave, Leave Related to Critical Illness of a Child and Domestic Violence Leave, Intimate Partner Violence Leave or Sexual Violence Leave

Compassionate Care 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 in periods no shorter than a week and by 2 or more employees, not to exceed 28 weeks. Written notice and a medical certificate is required.

 

Leave Related to Critical Illness of a Child

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

 

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

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.

Reservist Leave

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 the period necessary to accommodate the period of service for which the employee is required to take leave. Employees must provide a reasonable verification and written notice. Employers must reinstate employees. 

 

For more on Prince Edward Island Leave Laws, you can consult this government website.

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