Balancing work and personal life is essential. As important as it is to stay committed at work, it’s important to take time for yourself and handle personal responsibilities when life demands it. There are times when your health needs attention, your family needs support, or unexpected and unavoidable situations arise.
During these times, you shouldn’t have to worry about your job security. That’s why Ontario provides job-protected leaves under the Employment Standards Act, 2000 (ESA), so employees can step away when necessary and return without risking their employment.
There are limits on the types of leave you can apply for under Ontario's employment policy. Let’s understand everything about leave of absence in Ontario as per Ontario’s Employment Standards Act, 2000 (ESA).
A leave of absence means that you can take time off work while keeping your employment status active. These leaves are covered under the Employment Standards Act in Ontario, but most ESA leaves are unpaid. However, your employment law contract, company policy, or collective agreements can include paid options.
When you take a valid ESA leave, it means:
Ontario offers one of the most comprehensive ranges of job-protected leaves in Canada. Being an employee, you can access personal emergency, critical illness and medical leave of absence in Ontario. Here are the official ESA-recognized leaves and what they include:
However, if your employment contract, workplace policy, or collective agreement provides greater or more favourable benefits than the ESA, then those more generous terms will apply.
Most ESA leaves are unpaid. However, these are situations when you are eligible for:
| IMPORTANT: If your employer's policy exceeds ESA minimums (e.g., more paid days or weeks), the more generous terms apply automatically |
To take a leave of absence, an employee does not have to fill out any forms. You can give a written notice of the leave to your employer. Make sure your notice email or a letter must describe:
Some employers may have their own leave request forms available. If that’s the case, you can simply use the company-provided form to apply for your leave.
In Ontario, employees have the right to prioritize their well-being. They can take leave when sick or under stress. According to the ESA, employees are entitled to various types of unpaid leave. Here are some of them related to stress, illness and family needs:
Ontario Job-Protected Leaves for Illness, Stress, and Family Needs
| Leave Types | Duration (Per Calendar Year) | Paid or Unpaid | Eligibility | Notice Requirement |
| Sick Leave (includes illness, injury, stress leave, burnout, and mental health issues) | Up to 3 unpaid days | Unpaid | Must be employed for at least 2 consecutive weeks | Verbal or written notice to the employer as soon as possible |
| Family Responsibility Leave (family emergencies, illness of certain family members) | Up to 3 unpaid days | Unpaid | Must be employed for at least 2 consecutive weeks | Notice as soon as possible, oral or written |
| Family Caregiver Leave (care for a family member with a serious medical condition) | Up to 8 weeks per year per eligible family member | Unpaid | A qualified health practitioner must issue a certificate confirming the family member’s condition | Must provide written notice and medical certificate to employer |
| Family Medical Leave (family member at significant risk of death) | Up to 28 weeks | Unpaid | Medical certificate required from a qualified health practitioner | Written notice plus certificate required |
| Critical Illness Leave (critically ill child or adult family member) | Up to 37 weeks for a child; 17 weeks for an adult | Unpaid | Must have worked at least 6 consecutive months; medical certificate required | Written notice and certificate |
The ESA leave policy and rules protect employees in Ontario. Here are some of the rights that safeguard you:
Ontario employers must comply with ESA requirements when handling employee leave. Their key responsibilities include:
If you’re facing an employment issue or have questions about medical, critical illness, or personal emergency leave under the Employment Standards Act, 2000 (ESA), Rutman & Rutman Professional Corporation is here to help.
We start by asking a few key questions to understand your situation, then our licensed legal professionals carefully review your case and provide clear, practical advice.
Our legal team understands this can be stressful, so they are always available to guide you with clarity and confidence. Book a consultation to discuss your options today.
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