September 26th, 2022

Let's Talk About Leaves- Part III. Other Leaves of Absence (Ontario)

Apart from sick days and COVID-19 related leaves, other leaves of absences are available, mostly to allow employees to care for immediate family members or take time off work when dealing with difficult personal circumstances.

We have included below an overview of the various leaves of absences which employees can take pursuant to Ontario's Employment Standards Act ("ESA"). Like sick days, some employees may have greater entitlements to time off work under their employment agreement or pursuant to their employer's policies. Employees who need to take a leave of absence are encouraged to speak with the employer, as well as seek legal advice as necessary.


Health-related Leaves:

Family Responsibility Leave

Family responsibility leave under the ESA allows employees to take time off work to tend to the illness, injury, medical emergency, or other urgent matter of the employee's immediate family. Below are the elements of this leave, at a glance:

  • It is available to employees with at least two weeks of employments with their employer;
  • It is up to 3 unpaid days in a year;
  • An employee may take it if something has happened to their immediate family such as their:
    • Spouse
    • Parent
    • Grandparent
    • Grandchild
    • Spouse of a child
    • Sibling
    • Dependant
  • An employee may be asked to provide medical documentation to the employer.

The family members listed above include those related by blood, marriage (step) or adoption (foster).


Family Medical Leave

The Family Medical Leave is intended to allow employees to care for imperilled loved ones, and not be penalized for it. Currently in Ontario, Family Medical Leave works like this:

  • It is available to all employees;
  • It is up to 28 unpaid weeks;
  • Where there is a significant risk of death for a family member of the employee, such as their:
    • Spouse
    • Parent
    • Child
    • Sibling
    • Grandparent or grandchild
    • Sibling-in-law
    • Son or daughter-in-law
    • Aunt, uncle, niece or nephew or their spouse's
    • A person the employee considers to be like a family member
  • The risk is that death will occur in the next 26 weeks; and
  • An employee may be asked to provide medical documentation to the employer.

The family members listed above include those related by blood, marriage (step) or adoption (foster).


Family Caregiver Leave

Like Family Medical Leave, the Family Caregiver Leave is not for the employee's personal medical issues but is intended for an employee to care for health-related issues relating to a family member. Currently in Ontario, Family Caregiver Leave works like this:

  • It is available to all employees;
  • It is up to 8 unpaid weeks in a year;
  • Where there is a serious medical condition for a family member of the employee, such as their:
    • Spouse
    • Parent
    • Child
    • Grandparent or grandchild
    • Child's spouse
    • Sibling
    • Dependent
  • An employee may be asked to provide medical documentation to the employer.

The family members listed above include those related by blood, marriage (step) or adoption (foster).


Critical Illness Leave

The Critical Illness Leave is intended to allow employees to care for a critically ill family member without fear of penalty at the workplace. Below are the elements of the leave, at a glance:

  • It is available only to those who have been employed continuously for 6 months;
  • If the critically ill family member is a minor child, the employee is entitled to up to 37 unpaid weeks in a year;
  • If the critically ill family member is an adult, the employee is entitled to up to 17 unpaid weeks in a year;
  • "Critically ill" means the family member's state of health has significantly changed, and whose life is at risk as a result of an illness or injury; and
  • An employee may be asked to provide medical documentation to the employer.


Other Leaves:

Organ Donor Leave:

Employees who provide an organ donation are entitled to take "Organ Donor Leave". This leave involves:

  • It is only available to those who have been employed continuously for 13 weeks;
  • The employee must undergo surgery for the purpose of organ donation;
  • It is up to 13 unpaid weeks, but may be extended if the employee is not yet able to perform his or her duties because of the surgery; and
  • An employee may be asked to provide medical documentation to the employer.


Child Death Leave:

Certain employees may take time off work in the event their child passes away. It works like this:

  • It is available only to those who have been employed continuously for 6 months;
  • It is up to 104 unpaid weeks (2 years); and
  • An employee may be required to provide reasonable evidence in the circumstances.

For the purposes of this provision, child includes those related by blood, marriage (step), or adoption (foster).


Crime-related Child Disappearance Leave:

If an employee's child disappears due to crime, the employee is permitted to take time off work under the "Crime-related Child Disappearance Leave". This leave is available as follows:

  • It is available only to those who have been employed continuously for 6 months;
  • It is up to 104 unpaid weeks (2 years);
  • The employee's child must have disappeared, and it is probable, considering the circumstances, that the child disappeared as a result of a crime;
  • If the child is found alive, the employee is entitled to remain on leave for 14 days (2 weeks) after the child is found. If the child is found dead, the employee's entitlement to leave ends at the end of the week in which the child is found; and
  • An employee may be required to provide reasonable evidence in the circumstances.

For the purposes of this provision, child includes those related by blood, marriage (step), or adoption (foster).


Domestic or Sexual Violence Leave:

In the event an employee, or their child, experiences domestic or sexual violence or the threat of such violence, they are entitled to take time off work. Domestic or Sexual Violence Leave works as follows:

  • It is available only to those who have been employed continuously for 13 weeks;
  • It is a total of 10 days and 15 weeks per year;
  • The first five days are paid, thereafter it is unpaid;
  • An employee can take the leave to:
    • Seek medical attention because of injury or disability caused by the domestic or sexual violence;
    • Obtain assistance from a victim services organization;
    • Obtain psychology or other professional counselling;
    • Relocate; and/or
    • Seek legal or law enforcement assistance; and
  • An employee may be required to provide reasonable evidence in the circumstances.

For the purposes of this provision, child includes those related by blood, marriage (step), or adoption (foster).


Bereavement Leave:

An employee may also take a short leave in the event a family member passes away. Bereavement Leave is available as follows:

  • It is available only to those who have been employed continuously for 2 weeks;
  • It is up to 2 unpaid days;
  • An employee may take the leave if a family member dies, such as:
    • Spouse
    • Child
    • Grandparent or grandchild
    • Spouse of a child
    • Sibling
    • Dependant
  • An employee may be required to provide reasonable evidence in the circumstances.

The family members listed above include those related by blood, marriage (step) or adoption (foster).


Reservist Leave:

If an employee is a reservist, they may be able entitled to a job-protected leave of absence if they will not be performing their employment duties in the following circumstances:

  • It is only available to those who have been employed continuously for 3 months;
  • The employee must not be performing duties because:
    • The employee is deployed outside Canada;
    • The employee is deployed inside Canada in an emergency situation; or
    • The employee is participating in military skills training.
  • It is an unpaid leave for as long as the circumstances apply to the employee; and
  • An employee may be required to provide reasonable evidence in the circumstances.


Forward Looking: Life vs. work

In recent years, we have seen an increasing recognition of the importance of work life balance. Employees have lives outside of the workplace and sometimes they need time off work to tend to personal circumstances. The corollary is that employees should ensure they exercise their rights responsibility. It is important that employees and employers alike understands the basic elements of leaves of absences, the limitations, and both the employer's and employee's obligations.

Either way, it is always prudent to speak with your employment lawyer, to fully appreciate the do's and don'ts. It is always worth spending a little bit of time and money at the front end, rather than spend a lot more time and money when things go wrong.