Sick Note Rights for Seasonal Workers on PEI (Fishing, Tourism, Agriculture)

Sick Note Rights for PEI's Seasonal Workers

Prince Edward Island's economy is built on seasonal industries — fishing, tourism, and agriculture. If you work in these sectors, your sick note rights depend on your employment status and length of service.

Do Seasonal Workers Get Paid Sick Days on PEI?

The 6-month rule: PEI's Employment Standards Act requires 6 months of continuous employment before you qualify for 3 paid sick days.

What this means for seasonal workers:

• Lobster fishing (May–July): 3-month season — you likely DON'T qualify for paid sick days


• Tourism (June–September): 4-month season — you likely DON'T qualify


• Potato harvest (August–October): 3-month season — you likely DON'T qualify


• Year-round fishing plant workers: If employed 6+ months continuously — you DO qualify


• Year-round hotel/resort staff: If employed 6+ months — you DO qualify

Fishing Industry

Lobster season (May–July in most PEI zones):

• Extremely time-sensitive work (weather-dependent)


• Captains/boat owners may pressure crew to work sick


• Your rights: Employer cannot require a sick note for 1–3 day absences


• Reality: Missing days during the short season has significant income impact


• Crew members are often classified as "co-adventurers" — check your employment status

• Food safety regulations may require documentation for gastrointestinal illness


• This is separate from Employment Standards — it's a food safety requirement


• If you have vomiting/diarrhea, you may need clearance before handling food


• Standard sick note rules still apply for non-food-safety absences

• Year-round operations (though seasonal peaks)


• Workers employed 6+ months qualify for paid sick days


• Standard Employment Standards rules apply

Tourism & Hospitality

Hotels and resorts (June–September):

• PEI's tourism sector employs thousands seasonally


• Weekend and holiday shifts are standard


• Young workers (students) often don't know their rights


• Employer cannot require a sick note for 1–3 day absences


• Many seasonal workers won't hit the 6-month threshold for paid days

• Food safety rules: If you have vomiting/diarrhea, you should NOT work (public health requirement)


• Your employer cannot penalize you for following food safety guidelines


• Sick note not required for food safety absences under 3 days

• Parks Canada employees (federal) — Canada Labour Code applies (3-day threshold for note)


• Provincial attraction workers — PEI Employment Standards apply


• Golf course workers — standard provincial rules

Agriculture

Potato farming (harvest: August–October):

• Time-sensitive work (weather and frost deadlines)


• Many workers are temporary foreign workers (TFW)


• TFWs have the SAME Employment Standards protections as Canadian workers


• Employer cannot require a sick note for 1–3 day absences regardless of worker status

• Continuous employment — likely qualifies for paid sick days


• Animals need daily care regardless of worker illness


• Employer still can't require a note for short absences

• Seasonal (June–October)


• Similar rules to potato farming


• Many small operations with informal employment arrangements

Temporary Foreign Workers on PEI

If you're a temporary foreign worker on PEI:

• You have the SAME rights under the Employment Standards Act as Canadian workers


• Your employer CANNOT threaten your immigration status for taking sick leave


• You are protected from retaliation for asserting your rights


• If your employer violates your rights, contact:

The Seasonal Worker's Dilemma

The reality for many PEI seasonal workers:

• Short seasons mean every day of work counts financially


• EI benefits depend on hours worked — missing days reduces your EI eligibility


• Pressure to work sick is real, especially in fishing and agriculture


• But working sick in food processing or food service is a public health risk

Getting a Sick Note During Peak Season

During PEI's busy summer season:

• Walk-in clinics are overwhelmed (tourists + residents)


• Wait times increase 30–50%


• You can't afford to lose 4+ hours in a clinic during your short work season

Key Takeaway

PEI's seasonal workers have the same sick note protections as year-round employees — your employer cannot require documentation for absences of 3 days or fewer. While you may not qualify for paid sick days during a short season, your right to take unpaid sick leave without documentation demands is protected by law. When you do need a note (4+ day absence), online documentation eliminates the half-day clinic visit that seasonal workers simply can't afford during their short working season.