If you have employees, your workplace will experience situations where employees request time away from work. Make sure you are up to date on Family Friendly Leaves Ontario Legislation.
New parents take time off to care for children, employees may need time off to recover from an illness or injury, care for a family member, or attend a funeral, and sometimes employees request time off for an extended holiday beyond their normal vacation. It is important to understand the law and be aware of the variety of leaves of absence available under the Ontario Employment Standards Act (ESA).
Ontario Employment Standard Act – Leaves of Absence
Under the ESA, employees may be entitled to a number of different unpaid leaves of absence depending on their individual circumstances. Each provision has different eligibility requirements. Job protected leave of absence may be available for full-time, part-time, permanent or term contract employees.
- Pregnancy and Parental Leave
- Must be employed for at least 13 weeks to be eligible.
- 17 weeks pregnancy leave / 35 to 37 weeks parental leave.
- Unpaid; Federal Employment Insurance benefits available.
- Personal Emergency Leave
- Workplaces with 50 or more employees.
- Up to 10 days per year for urgent personal or family matter.
- Unpaid.
- Family Medical Leave
- All employees are eligible.
- Up to 8 weeks leave where there is a significant risk of death.
- Unpaid; Federal Employment Insurance, compassionate care benefits available.
- Family Caregiver Leave
- All employees are eligible.
- Up to 8 weeks leave where there is a serious medical condition.
- Unpaid.
- Critically ill Childcare Leave
- Must be employed for at least 6 months.
- Up to 37 weeks per year where there is a serious medical condition. Extension is possible.
- Unpaid; Federal Employment Insurance, parents of critically ill children benefits available.
- Crime Related Death or Disappearance of Child Leave
- Must be employed for at least 6 months.
- Up to 104 weeks for crime related death of child / 52 weeks for disappearance of child.
- Unpaid. Federal Employment Insurance grants available.
- Other Leaves – Organ Donation and Reservist Leave.
Employer Benefit Plan – Leaves of Absence
As an employer, you may offer your employees additional leave of absence benefits, paid or unpaid, beyond the minimum required under the ESA:
- Sick leave,
- Short term / Long term Disability,
- Bereavement leave,
- Personal days and
- Sabbatical (extended leave of absence for educational, vacation or personal reasons).
Managing an Employee Request for Leave
Is the leave covered by the ESA or employer benefit plan?
Carefully review your employee’s request to determine if it is covered by the ESA or your benefit plan. In some situations your employee may need to provide medical documentation to support their request, to apply for insurance coverage, or to apply for federal Employment Insurance benefits.
Consider the Request
Each request should be considered based on your employee’s individual circumstances.
Accommodation
Even where the leave is not covered, under the Ontario Human Rights Code you may have a duty to accommodate your employee’s request. Read more from the Fusion Blog about accommodation.
Decision
Consider all available options before making a final decision. Treat your employee fairly and respectfully at all times.
The information provided here is an overview of Family Friendly Leaves Ontario. Refer to the Ministry of Labour for detailed information on the Ontario Employment Standards Act leaves of absence and to the Government of Canada for information on Employment Insurance Benefits.
