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What protected leaves do I have under the Employment Standards Act, 2000?

In Ontario, as an individual employee, you are entitled to unpaid leaves of absence for reasons specified in the Employment Standards Act, 2000, S.O. 2000, c. 41 (the “Employment Standards Act”). These leaves are statutorily protected, meaning you have the right to return to your job once the leave period ends. The employer must reinstate the employee to the position he or she held at the commencement of the leave, or a comparable position if the employee’s position is no longer there.

If you were denied these absences by your employer, an employment lawyer can help you get the benefits you are owed. Reach our for a employment lawyer Toronto free consultation to learn more.

Pregnancy Leave

Pregnant employees have the right to take pregnancy leave of up to 17 weeks of unpaid time off work. The employee must have been employed for at least 13 weeks immediately preceding her due date. 

Parental Leave

Both new parents have the right to take parental leave of up to 61 or 63 weeks of unpaid time off work when a baby or child is born or first comes into their care (such as through adoption). A new parent is entitled to parental leave only if he or she has been employed for at least 13 weeks before commencing parental leave.

Birth mothers who take pregnancy leave are entitled to up to 61 weeks’ leave. Birth mothers who do not take pregnancy leave and all other new parents are entitled to up to 63 weeks’ parental leave.

Family Medical Leave

An employee has the right to take up to 28 weeks of unpaid leave from work to provide care or support to certain family members who have a serious medical condition and are at significant risk of dying within a period of 26 weeks.

Organ Donor Leave

If an employee has been employed by their employer for at least 13 weeks and undergoes surgery for donating certain organs to other persons, he or she is entitled to take up to 13 weeks of unpaid leave from work. The leave may be extended for medical reasons for a further period of up to 13 weeks.

Family Caregiver Leave

An employee has the right to take unpaid time off work to provide care or support to specified family members who have a serious medical condition, even if the family member is not at significant risk of death within 26 weeks.  An employee is entitled to up to 8 weeks of unpaid leave each year for each specified family member.

Critical Illness Leave

An employee who has been employed by their employer for 6 months has the right to take unpaid time off work to provide care or support to a critically ill minor child or adult who is a family member of the employee. An employee is entitled to up to 37 weeks of unpaid leave in relation to a minor child, and 17 weeks in relation to an adult, to be taken in a 52-week period (and may requalify for subsequent 37 or 17 weeks of leave in subsequent 52-week periods). 

Child Death Leave

An employee who has been employed by their employer for at least 6 months can take unpaid time off work if a child of the employee dies. The leave entitlement is up to 104 weeks of leave in a single period. 

Crime-Related Child Disappearance Leave

An employee who has been employed by their employer for at least 6 months can take unpaid time off work for a period of up to 104 weeks (in a single period) if a child of the employee disappears as a probable result of a crime. 

Domestic or Sexual Violence Leave

An employee who has been employed for at least 13 weeks has two separate allotments of 10 days and 15 weeks of leave within each calendar year if the employee or the employee’s child has experienced or been threatened with domestic or sexual violence. The first 5 days of leave are to be paid; the balance of the leave taken within a calendar year is unpaid.

Sick Leave

An employee who has been employed for at least 2 consecutive weeks can take up to 3 days of unpaid leave from work each calendar year because of a personal illness, injury or medical emergency.

Family Responsibility Leave

An employee who has been employed for at least 2 consecutive weeks can take up to 3 days of unpaid leave from work each calendar year because of the illness, injury, medical emergency or urgent matter of certain relatives. 

Bereavement Leave

An employee who has been employed for at least 2 consecutive weeks can take up to 2 days of unpaid leave from work each calendar year because of the death of certain relatives. 

Reservist Leave

Reservist employees who have been employed for at least three consecutive months have the right to unpaid leave from work when the employee will not be performing the duties of the employee’s position because of a deployment to a Canadian Forces operations outside of Canada, deployment to a Canadian Forces operation inside Canada that is or will be providing assistance in dealing with an emergency or with its aftermath, or because the employee is participating in Canadian Forces military skills training.

What happens if my employer won’t let me take leave? Or if I get fired for asking for protected leave? 

An employer is prohibited from denying an employee an entitlement to leave that is set out in the Employment Standards Act.  An employee can contact the Ministry of Labour or seek legal advice through an employment lawyer Toronto.

The Employment Standards Act also prohibits employers from penalizing employees in any way because the employee exercised rights under the Employment Standards Act.   

Unified LLP: Experienced Advocates for Your Employment Rights

At Unified LLP, we understand the complexities of employment law and are committed to defending the rights of our clients while ensuring they receive the maximum compensation they are justly owed. Our team of skilled lawyers specializes in a wide range of employment matters, from contractual disputes to wrongful terminations and discrimination cases. We bring extensive experience and a tailored approach to each case, ensuring the best possible outcomes for our clients.

We serve a diverse client base across several locations, including:

We’re also able to handle more specialized issues regarding long-term disability as your:

If you’re facing an employment issue, don’t attempt to navigate the legal challenge alone. Contact Unified LLP today for an free employment lawyer Toronto consultation.

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