Taking a leave of absence from work can be necessary for various reasons, whether it’s due to personal illness, family responsibilities, or other significant life events. In Ontario, the Employment Standards Act (ESA) sets out the rules and entitlements for leaves of absence, ensuring that employees can take time off without fear of losing their job.

In this article, we’ll explore the different types of leave available under Ontario’s employment standards, the criteria for eligibility, and what you need to know about unpaid leave of absence.

Types of Leave of Absence in Ontario

Ontario’s Employment Standards Act provides several types of leave to help employees manage personal and family responsibilities. Here are the main categories:

Sick Leave

The ESA entitles employees to take up to three days of unpaid, job-protected sick leave each calendar year.

Family Responsibility Leave

Employees can take up to three days of unpaid leave each calendar year to attend to family responsibilities. This includes the illness, injury, or medical emergency of a close family member.

Bereavement Leave

If a family member dies, you are entitled to up to two days of unpaid bereavement leave per calendar year. You can use this leave for the death of a spouse, parent, child, sibling, grandparent, or other close relatives.

Pregnancy and Parental Leave

Pregnancy leave allows a pregnant employee to take up to 17 weeks of unpaid time off. Parental leave provides up to 61 weeks of unpaid leave for birth mothers who have taken pregnancy leave, and up to 63 weeks for other parents, including adoptive parents.

Domestic or Sexual Violence Leave

Employees who are victims of domestic or sexual violence, or whose children are victims, can take up to 10 days and up to 15 weeks of leave. The first five days of this leave are paid, while the remaining days are unpaid.

Critical Illness Leave

If an employee’s child or a family member is critically ill, they can take up to 37 weeks (for a child) or up to 17 weeks (for an adult) of unpaid, job-protected leave.

Organ Donor Leave

Employees who donate an organ can take up to 13 weeks of unpaid leave, with the possibility of an extension up to a total of 26 weeks if required.

Disappearance Leave

Employees can take up to 104 weeks of unpaid leave if their child dies, or if their child disappears as a result of a crime.

Eligibility Criteria for Leave of Absence

To be eligible for these leaves, employees generally need to have been employed for at least two consecutive weeks. However, there are some specific eligibility criteria for different types of leave:

• Sick Leave: No additional criteria beyond the general employment requirement.
• Family Responsibility Leave: Must be for a family member as defined under the ESA.
• Bereavement Leave: Must be for a family member as defined under the ESA.
• Pregnancy and Parental Leave: Must provide at least two weeks’ notice before starting the leave.
• Domestic or Sexual Violence Leave: Must provide evidence of domestic or sexual violence if requested by the employer.
• Critical Illness Leave: Must provide a medical certificate confirming the family member’s critical illness.
• Organ Donor Leave: Must provide a medical certificate confirming the organ donation.
• Child Death and Crime-Related Child Disappearance Leave: Must provide evidence of the child’s death or disappearance if requested.

Unpaid Leave of Absence

An unpaid leave of absence allows employees to take time off without pay while still maintaining job security and benefits. Here are some important points to consider:

Job Protection

During an unpaid leave of absence, employees are entitled to the same job or a comparable job when they return to work. Employers cannot terminate or penalize employees for taking an unpaid leave.

Benefit Continuation

Employers must continue to provide benefits during the leave period, as long as the employee continues to pay their share of the premiums.

Return to Work

Employees must be reinstated to their original job or a comparable one after returning from leave. If the job no longer exists, the employer must offer a similar position with comparable pay and benefits.

Notice Requirements

Employees must inform their employers as soon as possible about their intention to take a leave of absence. You are required to provide written notice for some types of leave. It’s also important to provide any necessary documentation, such as medical certificates, to support the leave request.

Conclusion

Understanding the various types of leave of absence in Ontario and the rules surrounding them is essential for both employees and employers. The Employment Standards Act provides clear guidelines to ensure that employees can take necessary time off without jeopardizing their job security.

When you inform yourself about your rights, you can better navigate the process of taking a leave of absence. Whether it’s for personal illness, family responsibilities, or other significant life events, Ontario’s leave of absence provisions offer the support and protection you need.

Remember, the key to a smooth leave of absence is clear communication with your employer and adherence to the ESA. If you have any questions or need further clarification, it’s always a good idea to consult with your HR department or seek legal advice.