Leave of Absence in Toronto

The need for temporary absences from work is a common reality. Whether due to personal illness, family circumstances, or other unforeseen events, leaves of absence serve as a lifeline, allowing individuals to address their pressing needs while maintaining their employment status. In Ontario, Canada, the Employment Standards Act (“ESA”) provides a comprehensive framework governing leaves of absence, ensuring that employees facing personal or family obligations are not unfairly disadvantaged.

Types of Leave of Absence Under ESA

The Employment Standards Act (“ESA”) in Ontario outlines different types of leaves of absence that employees are entitled to take under specific circumstances. Below are the types, explaining their duration, eligibility criteria, paid or unpaid status, and notice requirements:

1. Pregnancy Leave

You are allowed a maximum of 17 weeks per year. You are eligible if employed 13 weeks before the expected delivery date. Pregnancy leave is unpaid. You should provide written notice to the employer at least two weeks before the start of the leave, indicating the date when the leave will begin and the expected duration.

2. Parental Leave

You are allowed 61-63 weeks annually. An employee who is the parent of a newborn or adopted child is eligible for parental leave. Parental leave is unpaid in Canada. The employee must provide written notice to the employer at least two weeks before the start of the leave, indicating the date when the leave will begin and the expected duration.

3. Family Medical Leave

You are allowed a maximum of 28 weeks of annual family medical leave. You are eligible if you require time off to care for a family member with a serious illness or injury. Family medical leave is unpaid. You must provide written notice to the employer as soon as practicable, indicating the reason for the leave, the expected duration, and the family member they are caring for.

4. Organ Donor Leave

Per ESA guidelines, organ donor leave is allowed for two weeks a year. An employee undergoing organ donation surgery or recovering from an organ donation is eligible for organ donor leave. Organ donor leave is unpaid. The employee must provide written notice to the employer at least two weeks before the start of the leave, indicating the date when the leave will begin and the expected duration.

5. Family Caregiver Leave

ESA allows you a family caregiver leave for up to 26 weeks annually. An employee who requires time off to care for a critically ill family member is eligible for family caregiver leave. Family caregiver leave is unpaid. The employee must provide written notice to the employer as soon as practicable, indicating the reason for the leave, the expected duration, and the family member they are caring for.

6. Critical Illness Leave

The maximum period you could be allowed for critical illness leave is 26 weeks a year. You are eligible for this leave if you are experiencing a severe illness or injury that requires you to take time off from work.

Critical illness leave is unpaid. You must provide written notice to the employer as soon as practicable, indicating the reason for the leave, the expected duration, and medical documentation supporting the illness or injury.

7. Child Death Leave

Under Canadian employment laws, you can take a child death leave for up to 10 weeks per year. An employee who has recently lost a child is eligible for child death leave. Child death leave is unpaid. The employee must provide written notice to the employer as soon as practicable, indicating the reason for the leave.

8. Crime-Related Child Disappearance Leave

The maximum period you could be allowed for this type of leave is ten weeks. An employee whose child has been the victim of a crime-related disappearance is eligible for crime-related child disappearance leave. Crime-related child disappearance leave is unpaid. The employee must provide written notice to the employer as soon as practicable, indicating the reason for the leave.

9. Domestic or Sexual Violence Leave

The maximum period you could be allowed for this type of leave in one year is 17 weeks. An employee who is experiencing domestic or sexual violence is eligible for domestic or sexual violence leave.

Domestic or sexual violence leave is unpaid. The employee must provide written notice to the employer as soon as practicable, indicating the reason for the leave and, if possible, the person who perpetrates the violence.

10. Sick Leave

Under Canadian employment laws, you can take a sick leave for up to 26 weeks. An employee unable to work due to illness or injury is eligible for sick leave. Sick leave is paid only after the employee has accrued enough sick leave credits. The employee must notify the employer as soon as practicable, indicating the reason for the absence and the expected duration.

11. Educational Leave

You are allowed a maximum of 16 weeks annually. Employees pursuing a part-time or full-time educational program relevant to their current or future employment are eligible for educational leave.

Educational leave is unpaid. The employee must provide written notice to the employer at least four weeks before the leave starts, indicating the program’s name, the expected duration, and its relevance to their employment.

12. Bereavement Leave

The law allows Canadian employees to take bereavement leave for a maximum of 3 days in a year. An employee who has been employed for at least two consecutive weeks with the same employer is eligible for bereavement leave upon the death of a close relative.

Bereavement leave is unpaid. Type of notice and notice period required: The employee must provide written notice to the employer as soon as practicable, indicating the deceased relative’s name and the funeral or memorial service date.

If your employer denies you any of the above leave upon giving them a genuine reason to take leave, hire a Toronto employment lawyer or file a claim with the ESA.

Ontario’s Employment Standards Act (ESA) provides a comprehensive framework governing leaves of absence, ensuring that employees facing personal or family obligations are not unfairly disadvantaged. By understanding ESA-mandated leaves, employers and employees can navigate these situations effectively, fostering a harmonious and productive work environment. Employees can confidently access the time and resources they need to address their personal or family needs.