What is the appropriate way to compensate a plaintiff for time drawn from her sick bank?
British Columbia, Canada
The following excerpt is from Pham-Fraser v. Smith, 2010 BCSC 322 (CanLII):
The appropriate approach is to compensate the plaintiff for the dollar value of the time she has drawn from her sick bank: see Bjarnson v. Parks, 2009 BCSC 48 at paras. 55-66. Under the terms of the plan there is no maximum limit on the number of days that can be accumulated, and there is no ability to cash out sick days. Given the prognosis she will require back surgery, it is likely she will utilize such accumulated sick leave.
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