When an employee needs to take time off from work in Ontario, understanding the laws around leave of absence in Ontario is crucial. This guide covers the key details on statutory leaves – authorized time off that is job-protected under Ontario’s Employment Standards Act, 2000 (ESA).
As part of our ongoing coverage of leave of absence in Canada, this article will explain the main types of leave available to employees in Ontario, eligibility requirements, length of leave, whether the leave is paid or unpaid, notice periods, and other critical details that both employees and employers need to know.
While unpaid leaves can cause financial stress, employees have rights under the ESA to take job-protected leaves for certain reasons, and employers have a responsibility to comply with the laws.
What are the Types of Leave of Absence available in Ontario?
The ESA protects an employee’s job when they take leave for certain reasons. Some leaves are a few days, while others can extend for many weeks. Let’s look at the key categories of leave of absence in Ontario.
Pregnancy and Parental Leave Ontario
Pregnant employees are entitled to take unpaid pregnancy leave of up to 17 weeks. New parents have the right to take unpaid parental leave of up to 61 weeks for birth mothers who took pregnancy leave and up to 63 weeks for all other new parents.
Pregnancy Leave Ontario
Pregnancy leave allows eligible employees time off work before and after giving birth while protecting their jobs during this period.
Eligibility: Available to pregnant employees who started their job at least 13 weeks before their due date.
Length: Can start as early as 17 weeks before the due date. Ends on the birth date. If birth occurs earlier than the due date, the leave ends that day.
Notice Required: Written notice 2 weeks before starting leave. If unable to give advance notice due to unplanned early birth or complications, notice must be provided as soon as possible after starting leave.
Pay: Unpaid. Employees may be eligible for federal EI maternity benefits.
Parental Leave Ontario
This type of leave gives new parents time off to care for their newborn or newly adopted child while ensuring their job is protected.
Eligibility: Available to new birth and adoptive parents who started their job at least 13 weeks prior.
Length: Birth mothers who have already taken pregnancy leave may take up to 61 weeks of parental leave, while other new parents may take up to 63 weeks.
Parental leave generally starts immediately after pregnancy leave ends. It must begin within 78 weeks of birth or adoption.
Notice Required: Written notice 2 weeks before starting leave.
Pay: Unpaid. Employees may be eligible for federal EI parental benefits.
Rights During Pregnancy and Parental Leave
Employees on leave have the right to:
- The same or comparable job when they return to work
- No penalties from their employer for taking leave
- Continue participating in pension, benefits, etc., if they pay their share of contributions
- Earn credit for length of employment, service, and seniority
Source: Pregnancy and parental leave – Ontario
Bereavement Leave Ontario
Employees can take up to 2 unpaid days per year for the death of certain family members. It can be taken in part days, consecutive days, or separate days.
Eligibility: Available after 2 consecutive weeks of employment.
Notice Required: As soon as possible before commencing leave. It can be oral notice.
Pay: Unpaid.
Sick Leave Ontario
Employees can take up to 3 unpaid sick days per calendar year due to personal illness, injury, or medical emergency. It can be taken in part days, consecutive days, or separate days.
Eligibility: Available after 2 consecutive weeks of employment.
Notice Required: As soon as possible before commencing leave. It can be oral notice.
Medical Notes: Employers can no longer require sick notes for ESA-protected leaves.
Pay: Unpaid.
Family Responsibility Leave Ontario
Employees can take up to 3 unpaid days per year to deal with family illnesses, injuries, medical emergencies, or urgent matters. These days can be part days, consecutive days, or separate days.
Eligibility: Available after 2 consecutive weeks of employment.
Notice Required: As soon as possible before commencing leave. It can be oral notice.
Pay: Unpaid.
Family Caregiver Leave Ontario
Employees can take up to 8 unpaid weeks per calendar year to provide care or support to certain family members with a serious medical condition (also known as compassionate leave).
Eligibility: Available to all employees after 2 consecutive weeks of employment.
Length: Up to 8 weeks per specified family member per calendar year. It can be taken in part weeks or consecutive weeks.
Notice Required: Written notice must be provided in advance of each week of leave.
Pay: Unpaid.
Critical Illness Leave Ontario
Employees can take up to 37 unpaid weeks to care for a critically ill minor child or up to 17 weeks for a critically ill adult family member, within a 52-week period. Can be taken in part weeks or consecutive weeks.
Eligibility: Available to all employees after 6 consecutive months of employment.
Notice Required: A written plan indicating the weeks the employee will take leave must be provided in advance.
Pay: Unpaid.
Sharing Leave: If multiple employees take critical illness leave to care for the same individual, the total leave for all employees cannot exceed 37 weeks for a minor child or 17 weeks for an adult.
Source: Critical illness leave – ontario.ca
Child Death Leave Ontario
Employees can take up to 104 weeks of unpaid leave in the event their child dies. Can be taken in one continuous period, beginning in the week the child died.
Eligibility: Available to employees after 6 consecutive months of employment.
Notice Required: Written notice and plan must be provided as soon as possible after commencing leave.
Pay: Unpaid.
Sharing Leave: The total child death leave taken by one or more employees for the same death cannot exceed 104 weeks.
Crime-Related Child Disappearance Leave Ontario
Employees can take up to 104 weeks of unpaid leave if their child disappears and it is probable that a crime was involved. Can be taken in one continuous period, beginning in the week the child disappeared.
Eligibility: Available to employees after 6 consecutive months of employment.
Notice Required: Written notice and plan must be provided as soon as possible after commencing leave.
Pay: Unpaid.
Sharing Leave: The total crime-related child disappearance leave taken by one or more employees for the same disappearance cannot exceed 104 weeks.
Domestic or Sexual Violence Leave Ontario
Employees can take up to 10 days and up to 15 weeks of unpaid job-protected leave to deal with domestic or sexual violence situations affecting them or their children. Can be taken in part days or part weeks.
Eligibility: Available to employees after 13 consecutive weeks of employment.
Notice Required: Oral or written notice is required in advance of each day or week of leave.
Pay: The first 5 days of leave each year are paid. The rest are unpaid.
Organ Donor Leave Ontario
Employees can take up to 13 weeks of unpaid leave to donate an organ and up to an additional 13 weeks if additional recovery time is needed.
Eligibility: Available to employees after 13 weeks of consecutive employment.
Length: Up to 13 weeks, extendable by up to another 13 weeks if medically needed, for a total maximum of 26 weeks.
Notice Required: Written notice must be provided 2 weeks before commencing leave, if possible.
Pay: Unpaid.
Source: Organ donor leave – Ontario.ca
Reservist Leave Ontario
Unpaid job-protected leave for military reservists who cannot work due to deployment or training.
Eligibility: Available to reservists after 2 consecutive months of employment (no minimum employment for emergency deployments).
Length: No set maximum. It can last as long as the deployment, training, or treatment/recovery from injury/illness sustained during service lasts.
Notice Required: Written notice should be provided 4 weeks before commencing leave, if possible.
Pay: Unpaid.
Source: Reservist leave – Ontario.ca
Family Medical Leave Ontario
Employees can take up to 28 weeks of unpaid leave within a 52-week period to provide care or support to certain family members with a serious medical condition that has a significant risk of death within 26 weeks (also compassionate leave). Can be taken in one continuous period or in separate weeks.
Eligibility: Available to all employees, regardless of length of employment.
Notice Required: Written notice must be provided in advance of each week of leave.
Pay: Unpaid.
Source: Family medical leave – Ontario.ca
Declared Emergency Leave
Provides unpaid job-protected leave during a government-declared emergency if employees cannot work due to emergency orders or closures, or if they need to care for family members.
Eligibility: Available to all employees impacted by declared emergency orders or closures.
Length: No set limit. It can last the duration of the declared emergency. Does not have to be taken consecutively.
Notice Required: Written notice should be provided before commencing leave, if possible.
Pay: Unpaid.
Source: Declared emergency leave – Ontario.ca
What are the Employee Rights and Protections in Ontario?
All employees in Ontario have certain rights and protections when taking statutory leaves under the ESA:
- Job protection – Employees must be reinstated to the same or comparable position when they return from leave. Temporary employees coming back from infectious disease emergency leave must be reinstated only if their contract is still in effect or has been extended.
- Benefits continuation – While on leave, employees can continue to participate in pension, benefits, and insurance plans as long as they pay their share of contributions.
- No penalties – Employers cannot threaten, fire, or punish employees in any way for taking or planning to take a protected leave.
- Service and seniority – Time on leave counts towards length of service, seniority, and vacation pay accrual.
Vacation Time and Vacation Pay in Ontario
Ontario employees are entitled to receive vacation time off and vacation pay under the ESA.
Vacation Time Ontario
Vacation time depends on how long you have worked for the same employer. The law sets out the minimum vacation time and vacation pay as shown below:
| Years of Employment | Vacation Entitlement | Vacation Pay |
| Less than 5 years | 2 weeks | 4% of gross wages |
| 5 years or more | 3 weeks | 6% of gross wages |
Vacation time earned during a year must be taken within 10 months after that year ends. Employers usually schedule vacations in blocks of one or two weeks, but employees can ask in writing for shorter breaks if needed.
Vacation Pay Ontario
Vacation pay is usually provided in a lump sum before the vacation begins. Employers are required to pay it no later than the last day of the vacation entitlement year or within 10 months after the end of that year, whichever comes later. If employment ends, any outstanding vacation pay must be given within seven days.
Upon termination, employees with less than five years of service are entitled to 4% vacation pay. Those who have worked for five years or more are entitled to 6% vacation pay.
Source: Vacation – ontario.ca
This guide has focused specifically on leave of absence laws and regulations in Ontario, but we also provide in-depth looks at leave entitlements in other major provinces. Be sure to check out our related articles on:
- Leave of Absence in Alberta
- Leave of Absence in British Columbia
- Leave of Absence in New Brunswick
- Leave of Absence in Quebec
Key Takeaways
Leaves of absence allow Ontario employees to take care of themselves and their families when serious situations arise without fear of losing their jobs.
- Leaves can be a few days, weeks, or over 3 months long, depending on the situation.
- Each leave has specific eligibility rules, notice requirements, and other details that employers and employees must know.
- When they return from leave, employees are entitled to the same job, benefits, no penalties, and the same length of service/seniority.
- Employees earn minimum vacation time and vacation pay based on years of service under the ESA.
Both employers and employees have a responsibility to understand all the nuances of the laws and processes around leaves of absence and vacation to ensure a fair and balanced approach. Employees who know their rights can confidently take the necessary time off. Employers who respect the laws can avoid disputes and maintain positive morale. Overall, leaves of absence and vacation provide the necessary flexibility in life and contribute to healthier, more productive workplaces across Ontario.
FAQs about Leave of Absence in Ontario
What is considered an urgent matter under family responsibility leave?
Family responsibility leave can be taken to deal with an urgent matter relating to certain family members. An urgent matter is an unplanned, sudden event that can cause emotional harm or serious issues if not responded to, such as a break-in at an elderly parent's home.
Can an employer deny a leave of absence in Ontario?
No, employers cannot deny ESA-qualified leaves. They must approve leaves when you meet the legal criteria and provide proper notice. However, they can request reasonable proof, like medical notes.
Can I take a leave of absence from work in Ontario?
Yes, if you meet the eligibility requirements. Ontario's ESA provides various job-protected leaves from 2 days to 104 weeks, depending on your situation.
How do I request a leave of absence from my employer in Ontario?
Send a written notice (email or letter) stating the type of leave and reason. Some leaves need 2 weeks' notice, others just oral notice. Your employer may have forms available.
Is leave of absence paid or unpaid in Ontario?
Most leaves are unpaid. Only the first 5 days of domestic/sexual violence leave are paid. Employers may choose to pay more.
Do I need a doctor's note for sick leave in Ontario?
Employers can request reasonable medical documentation, but cannot demand specific diagnosis details.
Can I lose my job while on leave in Ontario?
No, you have job protection. Employers must reinstate you to your same position or a comparable one with equal pay and benefits when you return
Is there a new type of leave starting in 2025 in Ontario?
Yes, long-term illness leave begins June 19, 2025, offering up to 27 weeks off for serious medical conditions after 13 weeks of employment
Do employment contracts override ESA leave minimums in Ontario?
Yes, if your contract or collective agreement offers better leave terms than the ESA, those superior provisions apply instead
