How Taking Leave Works
Ontario’s Employment Standards Act (ESA) sets minimum, job-protected leaves. On top of that, the Human Rights Code may require extra time off as a disability accommodation, and EI can replace some income. If you’re federally regulated (banks, airlines, telecoms, interprovincial transport), different rules under the Canada Labour Code apply—quick summary near the end.
Big picture (what every employer and employee should know)
Most leaves are unpaid, but they’re job-protected: you return to the same job (or comparable) and can continue benefits if you keep paying your share.
Notice & proof. Give notice as soon as possible (some leaves require two weeks’ written notice). Employers can ask for evidence reasonable in the circumstances—not more.
EI may pay you during certain leaves (maternity, parental, sickness, caregiving).
Contracts/policies can be more generous than the ESA—but not less.
Contractors (including “dependent contractors”) don’t get ESA leaves unless they’re actually employees (misclassification = risk).
The core ESA leaves (Ontario)
Below are the ones you’ll use most. All are job-protected.
Health-related
Sick Leave: up to 3 unpaid days per calendar year after 2 weeks of employment. For these 3 days, employers can’t require a doctor’s note; they can request other reasonable evidence (for example, an attestation).
Long-Term Illness Leave (new): up to 27 weeks in a 52-week period for a serious medical condition, with a medical certificate. Available after 13 weeks of employment.
Infectious Disease Emergency Leave (IDEL): unpaid leave for certain COVID-19 reasons remains available while COVID-19 is designated. (The temporary paid IDEL ended in 2023.)
Organ Donor Leave: up to 13 weeks (extendable with medical documentation) after 13 weeks of service.
Family-related (caregiving & crisis)
Family Responsibility Leave: 3 unpaid days per calendar year (certain relatives’ illness/injury/urgent matters); 2 weeks service required.
Bereavement Leave: 2 unpaid days per calendar year; 2 weeks service required.
Family Caregiver Leave: up to 8 unpaid weeks per calendar year per specified family member (serious medical condition; medical certificate).
Family Medical Leave: up to 28 unpaid weeks in a 52-week period to care for a person with a significant risk of death within 26 weeks (medical certificate).
Critical Illness Leave: up to 37 weeks to care for a critically ill child, or 17 weeks for a critically ill adult (longer service threshold applies).
Domestic or Sexual Violence Leave: up to 10 days and 15 weeks each calendar year; first 5 days are paid once the employee has enough service; remainder unpaid.
Parenting
Pregnancy Leave: up to 17 weeks (unpaid). Generally requires 13 weeks service and 2 weeks’ written notice.
Parental Leave: up to 61 weeks (if pregnancy leave taken) or 63 weeks (if not). 13 weeks service and 2 weeks’ written notice; must start no later than 78 weeks after birth/placement.
(Coming soon, not yet in force as of this writing): Placement of a Child leave (adoption/surrogacy) – 16 weeks.
Tragic events
Child Death Leave: up to 104 weeks (unpaid).
Crime-Related Child Disappearance Leave: up to 104 weeks (unpaid).
Civic & military
Declared Emergency Leave: unpaid, duration tied to declared emergencies.
Reservist Leave: unpaid leave for Canadian Forces service; short service threshold applies.
Pay during leave (Ontario)
ESA leaves are unpaid unless the statute says otherwise (e.g., the first 5 days of Domestic or Sexual Violence Leave).
Employment Insurance (EI) can replace some income:
Maternity (pregnancy) EI: up to 15 weeks.
Parental EI: standard up to 35 weeks (shareable) or extended up to 61 weeks (lower weekly rate).
Sickness EI: up to 26 weeks.
Caregiving EI: up to 35 weeks (child), 15 weeks (adult), or 26 weeks (compassionate care), within a 52-week window.
Top-ups. Employers may “top up” EI (subject to rules). Check your contract/policy.
Benefits, seniority & reinstatement
While on an ESA leave, you keep participating in benefit plans (health/dental/pension) if you pay your share; the employer continues its share.
Length of employment/service/seniority keep ticking during the leave.
On return, you’re entitled to your old job (if it exists) or a comparable one—no reprisals for taking leave.
Notice & documentation (what to give, what not to give)
For pregnancy/parental: give 2 weeks’ written notice (retroactive notice allowed for early birth).
For short sick leave: notify as soon as possible. Employers may not demand a doctor’s note for the first 3 ESA sick days; they can ask for reasonable evidence (e.g., attestation).
For family caregiver/medical/critical illness/long-term illness: expect to provide a medical certificate confirming the need and expected duration.
You don’t have to disclose diagnoses; keep documentation to what the law requires.
Public holidays & vacation while on leave
Public holidays during a leave: your entitlement is calculated using the statutory formula (an average of recent wages). If you earned no wages in the look-back period (common on unpaid leave), the calculation may yield $0 for that stat.
Vacation time vs. vacation pay: your vacation time entitlement (2 or 3 weeks) continues based on service; vacation pay is a percentage of wages, so unpaid leave doesn’t generate additional vacation pay. You can defer vacation until after the leave so you don’t lose it.
Human Rights Code overlay (extra protection beyond the ESA)
If a health condition amounts to a disability, employers must accommodate (which can include extra time off) to the point of undue hardship. Translation: even after you’ve used your ESA leave, you may be entitled to more unpaid time and a tailored return-to-work plan if the medical evidence supports it. The duty is individualized and good-faith on both sides.
Special note: federally regulated employees in Ontario
If you work for a federally regulated employer, your leaves come from the Canada Labour Code, not the ESA. Key differences include:
Paid medical leave: up to 10 paid days per year (accrued).
Personal leave: 5 days per year; the first 3 are paid after 3 months’ service.
Family violence leave: 10 days per year; the first 5 are paid after 3 months’ service.
Maternity/parental leave lengths and notice rules differ slightly (e.g., 4 weeks’ notice typical).
EI benefits still apply the same way.
Do contractors get leaves?
Independent contractors don’t get ESA or Code leave entitlements.
“Dependent contractors” (economically dependent on one client) are not a leave category in the ESA.
If someone is misclassified and is really an employee, they can claim back entitlements (including leaves, vacation, termination pay). Classification is about facts, not labels.
Practical steps
For employees
Flag the leave early. Email HR/your manager with the type of leave, start, and expected return (if known).
Attach proper proof only. Medical certificate where required; attestation or other reasonable evidence for short sick leave.
Apply for EI quickly if applicable (maternity/parental/sickness/caregiving).
Keep benefits active by arranging your premium contributions.
Update HR if timelines change.
For employers
Acknowledge in writing (type of leave, dates, benefit continuation, contact cadence).
Use the right proof standard (no doctor’s note for the first 3 ESA sick days; medical certificate for long-term/critical-illness/family-medical).
Continue benefits and track service/seniority.
Plan coverage (temporary backfills) and guard against reprisals.
Coordinate EI top-ups if offered.
Remember the Code: consider additional accommodation time if the ESA leave isn’t enough.
Bottom line
The ESA gives Ontario employees a suite of unpaid, job-protected leaves (with a few paid days for domestic/sexual violence).
EI often supplies income during those leaves.
The Human Rights Code can extend time off beyond ESA minimums where disability accommodation is needed.
Federal workplaces in Ontario follow different rules (notably 10 paid medical days, paid personal/family-violence days).
Get the notice, documentation, benefits, and reinstatement pieces right, and most leave issues stay low-risk.