Employees in Ontario may be entitled to time away from work for a variety of personal, family and medical reasons. Ontario’s Employment Standards Act, 2000 (ESA) provides several job-protected leaves, allowing eligible employees to take time away from work without losing their employment because they exercised a statutory leave entitlement.

The rules vary depending on the type of leave. Some leaves are unpaid, while others can involve benefits or federal employment insurance payments. Employees may also have additional rights under an employment contract, workplace policy, collective agreement or the Ontario Human Rights Code.

Understanding the different types of workplace leave can help employees determine which protections may apply to their circumstances.

What Is a Job-Protected Leave

A job-protected leave is a period when an eligible employee can take time away from work while maintaining specific employment protections under the law.

Ontario’s ESA provides a number of protected leaves, including sick leave, family responsibility leave, bereavement leave, pregnancy leave, parental leave, family medical leave, critical illness leave, long-term illness leave, domestic or sexual violence leave and other statutory leaves. (ontario.ca)

The eligibility requirements, length of leave and other rules differ between the various types of leave.

Is Workplace Leave Paid in Ontario

Many ESA leaves are unpaid.

However, some employees may receive paid leave because of an employment contract, workplace policy, collective agreement or another law. Employees may also qualify for federal Employment Insurance benefits while taking certain types of leave.

Employees should therefore distinguish between the right to take a job-protected leave and the right to receive income during that leave.

Do You Need Your Employer’s Permission to Take a Statutory Leave

An eligible employee generally has a legal right to take an ESA-protected leave when the statutory requirements are satisfied.

This does not necessarily mean that an employee can simply stop attending work without notifying the employer. Many leaves have notice requirements, and employees should provide the required notice as soon as reasonably possible.

The employee should review the rules governing the particular leave and follow the employer’s normal notification procedures where appropriate.

Ontario Sick Leave

Employees covered by the ESA who have been employed by an employer for at least two consecutive weeks are generally entitled to up to three unpaid days of job-protected sick leave per calendar year because of their own personal illness, injury or medical emergency. (ontario.ca)

The ESA sick leave entitlement is separate from any additional paid sick days an employer may provide.

An employee may therefore have greater sick leave benefits under an employment contract or workplace policy than the statutory minimum.

Can an Employer Ask for a Doctor’s Note for Sick Leave

Ontario’s ESA rules concerning medical documentation have changed.

For the statutory sick leave entitlement, an employer cannot require an employee to provide a certificate from a qualified health practitioner as evidence that the employee is entitled to the ESA sick leave. (ontario.ca)

An employer may have other legitimate reasons for requesting information under a workplace policy or another legal framework, so employees should consider the specific circumstances before assuming that no medical information can ever be requested.

Family Responsibility Leave

Employees who have been employed by an employer for at least two consecutive weeks are generally entitled to up to three unpaid days of job-protected family responsibility leave per calendar year.

The leave can be used for specified reasons involving a family member, including illness, injury, medical emergency or an urgent matter relating to a family member. (ontario.ca)

The ESA defines which family members are covered and establishes the circumstances in which the leave can be taken.

Bereavement Leave

Eligible employees are generally entitled to up to two unpaid days of job-protected bereavement leave per calendar year following the death of certain family members.

The ESA defines the family relationships that qualify for statutory bereavement leave. (ontario.ca)

An employer may provide a more generous bereavement policy, including additional paid days, but employees should check the applicable workplace policy or employment agreement.

Pregnancy Leave

An employee who is pregnant may be entitled to pregnancy leave under the ESA.

A qualifying employee can generally take up to 17 weeks of unpaid pregnancy leave. There are specific eligibility and timing requirements concerning when the leave can begin and when it must end. (ontario.ca)

Pregnancy leave is separate from parental leave. An employee may qualify for both leaves if the applicable requirements are satisfied.

Parental Leave

Eligible new parents may be entitled to parental leave under the ESA.

A birth parent who takes pregnancy leave can generally take parental leave after the pregnancy leave ends. Other eligible parents can also have parental leave rights, subject to the applicable ESA requirements.

The maximum duration of parental leave depends on whether the employee also took pregnancy leave. Ontario’s ESA provides up to 61 weeks of parental leave for an employee who took pregnancy leave and up to 63 weeks for other eligible employees. (ontario.ca)

Parental leave is unpaid under the ESA, although an employee may qualify for federal Employment Insurance parental benefits.

Can Both Parents Take Parental Leave

Eligible parents can generally take parental leave, subject to the ESA rules concerning eligibility, timing and maximum leave periods.

The fact that one parent takes parental leave does not automatically eliminate the other parent’s statutory entitlement.

Employees should review the applicable rules before planning the timing of parental leave, particularly where both parents are employed and intend to take leave.

Family Medical Leave

Employees who have been employed for at least two consecutive weeks may be entitled to up to eight weeks of unpaid, job-protected family medical leave in a 26-week period.

The leave is available when a specified family member has a serious medical condition with a significant risk of death within a specified period and a qualified health practitioner issues the required certificate. (ontario.ca)

Federal Employment Insurance compassionate care benefits may also be available to eligible employees who take time away from work to care for or support a critically ill or dying family member.

Critical Illness Leave

Critical illness leave allows eligible employees to take an extended job-protected leave to provide care or support to a critically ill child or adult family member.

The maximum duration depends on whether the family member is a child or an adult. Employees must generally provide the employer with the required notice and medical certificate. (ontario.ca)

The leave is unpaid under the ESA, although federal Employment Insurance benefits may be available to eligible employees.

Long-Term Illness Leave

Ontario provides eligible employees with long-term illness leave when a serious illness, injury or medical condition prevents them from performing their normal work.

As of June 19, 2025, eligible employees can generally take up to 27 weeks of unpaid, job-protected long-term illness leave within a 52-week period. Employees must meet the applicable eligibility requirements and provide the required medical certificate. (ontario.ca)

The ESA leave is separate from disability benefits that may be available through an employer’s benefit plan.

Domestic or Sexual Violence Leave

An employee who is a victim of domestic or sexual violence, or whose child is a victim of domestic or sexual violence, may be entitled to domestic or sexual violence leave.

The ESA provides up to 17 weeks of leave per calendar year, with the first five days generally paid and the remaining days unpaid, subject to the statutory requirements. (ontario.ca)

The leave is intended to provide time away from work for purposes such as seeking medical attention, obtaining services, relocating, dealing with legal matters or taking steps to protect the employee or their child.

Can an Employer Fire You for Taking Protected Leave

An employer generally cannot penalize an employee for exercising a protected ESA leave entitlement.

Ontario’s ESA contains reprisal protections that prohibit employers from punishing employees for exercising or attempting to exercise rights under the Act. (ontario.ca)

An employee who experiences discipline, termination, reduced hours or another negative employment action after taking or requesting a protected leave should preserve relevant documentation.

The circumstances should then be reviewed to determine whether the employer’s actions may have violated employment standards or another area of law.

What Happens to Your Job While You Are on Leave

A protected ESA leave generally provides important job protection.

When the leave ends, an employee is generally entitled to return to the position the employee most recently held if it still exists, or to a comparable position in specified circumstances. The precise reinstatement rules can vary by type of leave. (ontario.ca)

Employees should review the specific leave provisions that apply to their situation rather than assuming that every type of leave has identical reinstatement rules.

Can Your Employer Reduce Your Pay After a Leave

Employers generally cannot punish employees for taking protected leave.

However, compensation can be affected by legitimate changes that apply to the workplace generally, and the rules concerning reinstatement can vary depending on the type of leave.

If an employee returns from protected leave and discovers that their position, salary, duties or other employment terms have changed, they should document the changes and consider obtaining legal advice.

Do You Continue to Earn Vacation While on Leave

A protected leave can affect how vacation pay is accumulated, but an employee does not necessarily lose their vacation entitlement simply because they take statutory leave.

Ontario’s ESA contains specific rules concerning vacation time and vacation pay during protected leaves. In particular circumstances, an employee can defer vacation until after the leave ends. (ontario.ca)

Employees should distinguish between vacation time, vacation pay and the particular leave they are taking.

What Happens to Benefits During a Leave

The continuation of benefits during an ESA leave can depend on the type of leave and the applicable employment standards requirements.

Employees may also have rights under an employer’s benefit plan, employment contract or another law.

Before taking a lengthy leave, employees should ask the employer how health, dental, life insurance, disability and other benefits will be handled and whether the employee is required to continue making any contributions.

Can You Take More Than One Type of Leave

An employee may qualify for different types of protected leave during the course of employment.

However, the rules for combining or taking different leaves can vary. One leave may also affect the timing or availability of another leave.

Employees should review the requirements for each applicable leave rather than assuming that all statutory leaves can simply be added together.

What Notice Do You Have to Give Your Employer

Notice requirements vary depending on the type of leave.

Some leaves require an employee to advise the employer before beginning the leave, while other leaves allow notice to be provided as soon as possible after the leave begins when advance notice is not reasonably possible.

Employees should provide notice as early as reasonably possible and follow the employer’s normal reporting procedures when appropriate.

For certain leaves, the employer may also be entitled to request reasonable evidence that the employee qualifies for the leave. (ontario.ca)

Can Your Employer Ask Why You Are Taking Leave

The information an employer can request depends on the type of leave.

Some ESA leaves have specific documentation requirements, while others have limits on the evidence an employer can require. For example, the ESA’s statutory sick leave provisions restrict an employer from requiring a qualified health practitioner certificate for those three sick days. (ontario.ca)

Employees should provide the information required by the applicable legislation without assuming that every type of leave has the same documentation rules.

What If Your Employer Refuses Your Leave

If an employee believes they qualify for an ESA-protected leave and the employer refuses to provide it, the employee should document the request and the employer’s response.

The employee can review the applicable ESA provisions and may consider contacting the Ontario Ministry of Labour, Immigration, Training and Skills Development or obtaining legal advice.

An employer’s refusal may have serious consequences if the employee was legally entitled to the leave.

Can You Be Fired While You Are on Leave

Being on a protected leave does not automatically make an employee immune from termination in every circumstance.

However, an employer cannot terminate or penalize an employee because the employee exercised a protected ESA right. The employer may still have legitimate reasons to terminate employment that are unrelated to the leave, subject to the employee’s other legal rights. (ontario.ca)

Employees who are terminated during or shortly after a protected leave should preserve all communications and consider obtaining legal advice about whether the termination may have violated employment standards, human rights or contractual rights.

Can You Take a Leave for Mental Health Reasons

Mental health conditions can potentially qualify for certain employment-protected leaves when the applicable statutory requirements are satisfied.

For example, Ontario’s sick leave provisions can apply when an employee is experiencing a personal illness or medical emergency. Longer-term circumstances may also involve long-term illness leave or disability protections under other laws.

An employee’s rights can depend on the nature of the condition, the duration of the absence and the particular legal protection being considered.

How Does the Human Rights Code Apply to Workplace Leave

Some workplace absences can involve rights beyond the ESA.

The Ontario Human Rights Code protects employees against discrimination and harassment based on protected grounds, including disability. An employee with a disability may have a right to accommodation up to the point of undue hardship.

This means an employee’s legal rights may extend beyond the minimum ESA leave entitlement in certain circumstances.

Employees dealing with a medical condition or disability should consider whether human rights accommodation may be relevant rather than assuming that the ESA leave provisions are the only protections available.

What Should You Do If You Need a Workplace Leave

Employees who need time away from work should first determine which type of leave may apply.

They should then review the relevant ESA requirements, notify the employer as required and provide any documentation that the law permits the employer to request.

Employees should keep copies of leave requests, medical documents provided to the employer, responses from management and other relevant communications. This documentation can become important if there is later a disagreement about the employee’s entitlement or treatment during the leave.

What If Your Employer Retaliates After You Request Leave

An employee who experiences discipline, reduced hours, termination or another negative employment action after requesting protected leave should document what occurred.

Ontario’s ESA contains reprisal protections for employees who exercise or attempt to exercise their rights under the legislation. (ontario.ca)

The timing of an employer’s action can be relevant, although timing alone does not necessarily establish a violation.

An employee who believes they have experienced retaliation may wish to obtain legal advice about the appropriate next steps.

Frequently Asked Questions About Workplace Leave

What leaves are protected in Ontario?

Ontario’s ESA provides several protected leaves, including sick leave, family responsibility leave, bereavement leave, pregnancy leave, parental leave, family medical leave, critical illness leave, long-term illness leave and domestic or sexual violence leave.

There are also other statutory leaves and special rules that may apply depending on the circumstances. (ontario.ca)

Are ESA leaves paid?

Many ESA leaves are unpaid.

However, some leaves include paid days, and employees may also receive pay through an employer policy, employment contract, collective agreement or federal Employment Insurance benefits.

Can my employer deny a statutory leave?

An employer generally cannot deny an eligible employee a statutory leave simply because the employer does not want the employee to take time away from work.

The employee must still satisfy the requirements for the particular leave and provide the required notice or documentation.

Can my employer fire me for taking sick leave?

An employer cannot punish an employee simply for exercising a protected ESA right.

If an employee is terminated after taking or requesting sick leave, the circumstances should be reviewed to determine whether the termination was related to the protected right or whether another legal issue is involved.

How much sick leave do employees get in Ontario?

Employees covered by the ESA who have worked for their employer for at least two consecutive weeks generally receive up to three unpaid days of job-protected sick leave per calendar year. (ontario.ca)

An employer may provide additional paid or unpaid sick days.

How long is pregnancy leave in Ontario?

An eligible employee can generally take up to 17 weeks of unpaid pregnancy leave under the ESA. (ontario.ca)

Pregnancy leave is separate from parental leave.

How long is parental leave in Ontario?

Eligible employees can generally take up to 61 weeks of parental leave if they took pregnancy leave and up to 63 weeks in other qualifying circumstances. (ontario.ca)

Can I take leave to care for a sick family member?

Depending on the circumstances, family responsibility leave, family medical leave or critical illness leave may apply.

The eligibility requirements and maximum length differ between these leaves.

Can I take leave because of domestic or sexual violence?

An eligible employee may be entitled to domestic or sexual violence leave when they or their child is experiencing domestic or sexual violence.

The ESA provides up to 17 weeks of leave per calendar year, with the first five days generally paid. (ontario.ca)

Can I be fired while on a protected leave?

An employee cannot be terminated or penalized because they exercised a protected ESA right.

However, being on leave does not necessarily prevent an employer from terminating employment for a legitimate reason unrelated to the leave, subject to the employee’s other legal rights.

Should I speak with an employment lawyer about a workplace leave?

Legal advice may be useful when an employer refuses a statutory leave, disciplines an employee for requesting leave, changes the employee’s position after a leave or disputes the employee’s eligibility.

Legal advice can also be particularly important when an absence involves disability, accommodation, pregnancy, parental leave or another situation where multiple legal protections may apply.

Get Advice About Workplace Leave

Ontario provides employees with a range of job-protected leaves, but the rules are different for each type of leave. Eligibility, notice requirements, documentation, duration, pay and reinstatement rights can all depend on the particular circumstances.

EmploymentLawyerToronto.ca provides employment law information and legal services for employees dealing with workplace issues in Ontario. If you are considering taking a workplace leave or believe your employer has interfered with your statutory leave rights, consider speaking with an employment lawyer about your circumstances.

This page provides general information about Ontario employment law and is not legal advice. Employment law can depend on the specific facts of each situation.