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Leave of Absence in Ontario: What Is Protected, How Long It Lasts, and What Happens to Your Job
Statutory leaves of absence in Ontario give employees the right to take time away from work for specific personal, family, and medical reasons without losing their job. But not every absence is legally protected, and the consequences of mishandling a leave can be significant. Understanding which leaves are protected, how long they last, whether they are paid, and what happens to your job when you return is essential before you request time off.
Were you dismissed, demoted, or penalized after requesting or taking a leave?
Terminating or retaliating against an employee for requesting or taking a protected leave is prohibited under the Employment Standards Act, 2000. You may have a reprisal complaint and a wrongful dismissal claim. Get advice before the limitation period runs out.
Call: 1-800-771-7882 Speak With an Employment LawyerWhat leaves of absence are legally protected in Ontario?
Statutory leaves in Ontario are governed primarily by the Employment Standards Act, 2000. Where a medical condition qualifies as a disability, the Ontario Human Rights Code may extend protection beyond ESA minimums through the duty to accommodate.
| Leave type | Maximum duration | Paid? |
|---|---|---|
| Sick leave | 3 days per calendar year | Unpaid under ESA |
| Family responsibility leave | 3 days per calendar year | Unpaid under ESA |
| Bereavement leave | 2 days following death of a family member | Unpaid under ESA |
| Pregnancy (maternity) leave | Up to 17 weeks | Unpaid under ESA — EI may apply |
| Parental leave | Up to 61 or 63 weeks | Unpaid under ESA — EI may apply |
| Family medical leave | Up to 28 weeks in a 52-week period | Unpaid under ESA — EI may apply |
| Critical illness leave (adult) | Up to 17 weeks | Unpaid under ESA |
| Critical illness leave (child) | Up to 37 weeks | Unpaid under ESA |
| Long-term illness leave | Up to 27 weeks in a 52-week period | Unpaid under ESA |
| Family caregiver leave | Up to 8 weeks per year per family member | Unpaid under ESA |
| Domestic or sexual violence leave | Up to 17 weeks | First 5 days paid, remainder unpaid |
| Jury duty leave | Duration of service | Unpaid under ESA |
Explore specific leave types
Maternity Leave in Ontario
Up to 17 weeks of pregnancy leave, eligibility, notice rules, and EI benefits.
Parental Leave in Ontario
Up to 61 or 63 weeks for new parents, who qualifies, and how parental leave interacts with EI.
Paternity Leave in Ontario
Rights for non-birthing parents and new fathers under Ontario law.
Family Medical Leave in Ontario
Up to 28 weeks to care for a seriously ill family member with a significant risk of death.
Compassionate Care Leave in Ontario
Leave to provide care and support to a seriously ill family member.
Long-Term Illness Leave in Ontario
Up to 27 weeks of job-protected leave for a serious medical condition affecting ability to work.
Stress Leave in Ontario
ESA sick leave vs. human rights disability leave, duration, and employer obligations.
Mental Health Leave in Ontario
How mental health conditions are protected under the ESA and the Human Rights Code.
Long-Term Illness Leave in Ontario
Up to 27 weeks of job-protected leave for a serious medical condition. In force June 19, 2025.
Family Caregiver Leave in Ontario
Up to 8 weeks per year per family member with a serious medical condition. Available from day one of employment.
Bereavement Leave in Ontario
How many days you are entitled to and what your employer must provide.
Jury Duty Leave in Ontario
Whether jury service is mandatory, ESA job protections, and pay obligations.
Is a leave of absence paid in Ontario?
Under the ESA, most statutory leaves are unpaid. However, compensation may still be available through other sources depending on your situation and your employer's benefit plan.
Generally unpaid under the ESA
- Sick leave (3 days per year)
- Family responsibility leave
- Bereavement leave
- Pregnancy and parental leave
- Long-term illness and critical illness leave
Potential sources of compensation
- Employer-provided paid leave policies
- Employment contract terms
- Short-term disability benefits
- Employment Insurance sickness or parental benefits
- Long-term disability benefits where applicable
Were you disciplined or terminated after requesting protected leave?
Retaliating against an employee for taking or requesting a protected leave is prohibited under the ESA. If your employer has taken adverse action connected to your leave, you may have legal options.
Get Legal Advice Or call us: 1-800-771-7882Can you be fired for taking a leave of absence in Ontario?
If a leave is protected under the ESA, your employer must allow you to take the leave if eligibility requirements are met, maintain your benefits in most cases unless you opt out, and reinstate you to the same or a comparable position when you return. Reinstatement rights are not absolute job guarantees. An employer may terminate employment during a leave where the decision is entirely unrelated to the leave, such as a genuine business closure. However, the timing creates serious legal risk and the employer must prove the decision was completely unconnected to the leave. Failure to do so can result in wrongful dismissal damages and ESA penalties.
Where a medical condition qualifies as a disability under the Ontario Human Rights Code, accommodation obligations may extend the protected period beyond ESA minimum leave periods, up to the point of undue hardship.
Frequently asked questions about leave of absence in Ontario
How long can you take a leave of absence from work in Ontario?
It depends on the type of leave. Most short-term ESA leaves are 2 to 3 days per year. Pregnancy leave can last up to 17 weeks, parental leave up to 63 weeks, and long-term illness leave up to 27 weeks. Where a disability is involved, the Ontario Human Rights Code duty to accommodate may extend the protected period beyond ESA minimums.
What are the reasons for a medical leave of absence in Ontario?
Medical leave may be taken for personal illness, injury, surgery, recovery, or a chronic condition affecting the ability to work. Under the ESA, employees are entitled to 3 unpaid sick days per year. Where the condition qualifies as a disability under the Ontario Human Rights Code, the employer may also be required to accommodate beyond ESA minimums.
How long does an employer have to hold your job during medical leave in Ontario?
For ESA-protected leaves, the employer must reinstate the employee to the same or a comparable position when the leave ends. Where disability is involved, the duty to accommodate under the Ontario Human Rights Code may extend the protected period to the point of undue hardship, which goes beyond fixed ESA timelines.
Can an employer deny unpaid time off in Ontario?
An employer cannot deny a leave that qualifies as a protected statutory leave under the ESA. Denying such a leave, or retaliating against an employee for requesting it, may constitute a reprisal under the ESA and give rise to a Ministry of Labour complaint or wrongful dismissal claim.
Is medical leave paid in Ontario?
Not automatically. ESA sick leave is unpaid. However, employees may qualify for Employment Insurance sickness benefits, short-term disability through their workplace benefit plan, or paid leave under their employment contract. Review your benefits booklet and employment contract to confirm what income support is available.
What happens when you return to work after a leave in Ontario?
Your employer must reinstate you to the same position or a comparable one with no loss of seniority or benefits accrued before the leave. Where disability is involved, a gradual return-to-work plan or modified duties may be required as part of the accommodation process. Your employer may reasonably request medical documentation to support the return.
Speak with an Ontario employment lawyer about your leave rights
Whether you are an employee concerned about job protection during a leave, or you have been disciplined or terminated following a leave request, our team can help. We advise employees across Ontario on protected leaves, Ministry of Labour complaints, and wrongful dismissal claims. Contact us for a confidential consultation.
Call us at 1-800-771-7882 or fill out the form below and we will be in touch.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©