Legislative Update

PEI's New Employment Standards Act Changes More Than Leave

Prince Edward Island's new Employment Standards Act took effect June 30, 2026. Employers need to review scheduling, sick leave, overtime, vacation, notice and complaint processes rather than changing a single policy.

An employer in Charlottetown may already have updated its leave policy after hearing that Prince Edward Island introduced extended medical leave. That would be a sensible start, but it wouldn't finish the job. The new Employment Standards Act came into force on June 30, 2026, and changes the way hours are scheduled, sick absences are documented, vacation is earned and some terminations must be handled. The trouble isn't necessarily a dramatic new obligation. It's the ordinary workplace rule that no longer says quite what the employer thinks it says.

The legislation follows an independent review that produced 110 recommendations. It replaces an older framework, so an employer looking only for the 1 section making the headlines may miss connected changes to records, notices and day to day management.

The calendar and the paycheque both need attention

For covered employees, the standard maximum work week fell from 48 hours to 44, subject to industry exceptions. Employers must generally provide a work schedule at least 1 week in advance, allow at least 8 hours between shifts and ensure a split shift is completed within 12 hours, with the stated statutory exceptions. Written agreements can permit overtime averaging over 2 to 4 weeks. These aren't just payroll settings. A manager who changes shifts at short notice can create a problem even when every hour eventually appears on the pay statement.

Vacation becomes another planning issue. The point at which an employee earns 3 weeks of vacation moved from 8 years of service to 5. The statute also clarifies arrangements involving part time, seasonal and short term employment. Payroll documentation must now distinguish items such as paid holiday and paid leave amounts where required. A long serving employee shouldn't have to discover an outdated vacation entitlement by comparing pay records at the end of the year.

Sick leave and medical leave are not the same thing

The government's official summary says employees can receive 4 unpaid sick days each year after 30 days of employment, and an employer ordinarily may ask for a medical note only when an absence lasts at least 5 consecutive days. The list of health professionals who may issue acceptable documentation is broader than the traditional doctor or nurse practitioner categories, subject to the specified conditions. These provisions also reach certain unionized employees, which makes it particularly important to read the Act's application provisions rather than assume a collective agreement resolves every question.

Longer medical leave is a separate entitlement. Up to 27 weeks of unpaid protected leave can be available for qualifying illness or injury, organ or tissue donation, gender affirming care and other approved procedures. That entitlement doesn't itself settle income replacement or an employee's separate accommodation rights. An employer should avoid treating the medical certification rules for a 2 day absence as though they govern a lengthy protected leave.

Termination and complaints have their own changes

Minimum termination notice can now arise after 90 days of service rather than 6 months. Group termination rules can also require at least 6 weeks of notice where 10 or more employees represent at least 25% of the workforce and the layoffs occur within a 2 month period. The notice requirements and statutory exceptions need to be checked against the actual circumstances. The deadline for a complaint to the Employment Standards Branch increased from 1 year to 2 years, and inspectors have additional enforcement powers.

For a smaller organization, this is precisely the kind of reform that can slip between HR and payroll. The person arranging shifts might not manage leave records, while the person preparing a termination letter may be working from an old template. A useful compliance review follows the employee's journey, from the job offer and ordinary schedule through vacations, absences, pay statements and, when necessary, separation. It also identifies any sector exemptions and the effect of collective agreements.

The new Act is already in force. Businesses shouldn't wait for a complaint to discover that their written policy still reflects the previous law.

Sources

Government of Prince Edward Island, Changes to the Employment Standards Act and consolidated Employment Standards Act current to June 30, 2026. Industry exemptions and the regulations must be checked for particular workplaces.

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