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.
Types of Leave of Absence 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
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
Eligibility: Available to new birth and adoptive parents who started their job at least 13 weeks prior.
Length:
- Birth mothers who took pregnancy leave: 61 weeks
- All other new parents: 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.
Read more: Employment Insurance in Canada
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
Bereavement Leave Ontario
Employees can take up to 2 unpaid days per year for the death of certain family members.
Eligibility: Available after 2 consecutive weeks of employment.
Length: Up to 2 days per calendar year. It can be taken in part days, consecutive days, or separate days.
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.
Eligibility: Available after 2 consecutive weeks of employment.
Length: Up to 3 days per calendar year. It can be taken in part days, consecutive days, or separate days.
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.
Eligibility: Available after 2 consecutive weeks of employment.
Length: Up to 3 days per calendar year. It can be taken in part days, consecutive days, or separate days.
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 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.
Eligibility: Available to all employees after 6 consecutive months of employment.
Length: Up to 37 weeks for a minor child, up to 17 weeks for an adult, within a 52 week period. Can be taken in part weeks or consecutive weeks.
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.
Child Death Leave Ontario
Employees can take up to 104 weeks of unpaid leave in the event their child dies.
Eligibility: Available to employees after 6 consecutive months of employment.
Length: Up to 104 weeks, taken in one continuous period, beginning in the week the child died.
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.
Eligibility: Available to employees after 6 consecutive months of employment.
Length: Up to 104 weeks, taken in one continuous period, beginning in the week the child disappeared.
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.
Eligibility: Available to employees after 13 consecutive weeks of employment.
Length: Up to 10 days and up to 15 weeks in a calendar year. It can be taken in part days or part weeks.
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.
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.
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).
Eligibility: Available to all employees, regardless of length of employment.
Length: Up to 28 weeks within a specified 52-week period per family member. It can be taken in one continuous period or in separate weeks.
Notice Required: Written notice must be provided in advance of each week of leave.
Pay: Unpaid.
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.
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
Entitlements:
- Less than 5 years: 2 weeks
- 5+ years: 3 weeks
Calculating Vacation Pay:
- Less than 5 years: 4% of gross wages
- 5+ years: 6% of gross wages
When Vacation Should Be Scheduled:
- Vacation time earned for a year should be taken within 10 months of completing that vacation entitlement year.
Rules for Scheduling Vacation:
- Employers must schedule vacation in minimum 1 or 2-week blocks unless the employee requests shorter periods in writing.
Read more: Vacation & Paid Time Off Policies in Canada
Vacation Pay Ontario
When Vacation Pay Must Be Paid:
- Vacation pay is typically paid in a lump sum before the vacation.
- It must be paid by the last day of the vacation entitlement year or 10 months after completing that year, whichever is later.
- When employment ends, outstanding vacation pay is due within 7 days.
Payment on Termination:
- Employees are owed 4% vacation pay on termination if employed for less than 5 years.
- Employees are owed 6% vacation pay on termination if employed for 5+ years.
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:
Key Takeaways
- Ontario employees have the right to take job-protected leaves of absence from work for certain reasons under the ESA.
- 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.
- Employees are entitled to the same job, benefits, no penalties, and continued length of service/seniority when they return from leave.
- Employees earn minimum vacation time and vacation pay based on years of service under the ESA.
Summary
Leaves of absence allow Ontario employees to take care of themselves and their families when serious situations arise without fear of losing their jobs. 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 take the necessary time off with confidence. 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
How much pregnancy leave are employees entitled to in Ontario?
Employees are entitled to up to 17 weeks of unpaid pregnancy leave under the ESA. Pregnancy leave can start as early as 17 weeks before the due date.
How much parental leave are new parents entitled to in Ontario?
Birth mothers who took pregnancy leave are entitled to 61 weeks of unpaid parental leave. All other new parents are entitled to 63 weeks of unpaid parental leave.
What are the eligibility criteria for parental leave in Ontario?
To qualify for parental leave, employees must have worked for their employer for at least 13 weeks before starting their leave. This applies to birth parents, adoptive parents, and parents who are in a relationship of some permanence with a child.
When can parental leave begin in Ontario?
For birth mothers, parental leave typically begins immediately after pregnancy leave ends. For all other new parents, parental leave can begin any time within 78 weeks of the birth or adoption of the child.
What is the maximum bereavement leave employees can take in Ontario?
Eligible employees are entitled to up to 2 unpaid days of job-protected bereavement leave per calendar year due to the death of certain family members.
Are employees in Ontario entitled to paid sick days?
No, the 3 sick leave days per year provided under the ESA are unpaid. However, employers may offer paid sick leave plans that go beyond the minimum ESA requirement.
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.
How much family caregiver leave are employees entitled to in Ontario?
Employees can take up to 8 weeks of unpaid family caregiver leave per calendar year to care for or support family members with serious medical conditions.
When can vacation time be scheduled in Ontario?
Employers must schedule vacation within 10 months after employees earn vacation time for the year. Employees with less than 5 years service must take vacation in 1 or 2 week blocks.
When must outstanding vacation pay be paid to terminated employees?
If employment ends, any vacation pay still owed must be paid out within 7 calendar days of the termination date or on the next scheduled payday, whichever is later.