Leave of Absence in Ontario: Explained (Updated for 2025)
When balancing work and personal life, employees in Ontario have access to job-protected leaves that allow time away from work without risking their employment. These leaves help employees handle personal health, family responsibilities, or unexpected life events. This updated guide outlines the various types of leave under Ontario’s Employment Standards Act, 2000 (ESA), and the rights and responsibilities of both employees and employers
What Is a Leave of Absence in Ontario?
A leave of absence is a period during which an employee is temporarily away from work but remains employed. These leaves can be unpaid or paid (depending on the situation or employment contract) and exist to support employees through circumstances such as illness, childbirth, caregiving, or emergencies. Employees remain protected under the ESA while on approved leave.
Types of Leaves of Absence in Ontario (as of 2025)
Ontario’s ESA outlines a range of job-protected leaves for eligible employees:
Pregnancy Leave: For expectant mothers before and after childbirth.
Parental Leave: For new parents (birth or adoptive) to care for a child.
Sick Leave: Up to 3 unpaid days annually due to personal illness, injury, or medical emergency.
Family Responsibility Leave: Up to 3 unpaid days to care for certain family members or deal with urgent matters.
Bereavement Leave: Up to 2 unpaid days to deal with the death of a family member.
Family Caregiver Leave: Up to 8 unpaid weeks per year per specified family member who has a serious medical condition.
Family Medical Leave: Up to 28 weeks to care for a seriously ill family member with a significant risk of death.
Critical Illness Leave: Up to 37 weeks to care for a critically ill child, or 17 weeks for a critically ill adult.
Organ Donor Leave: Up to 13 weeks for surgery and recovery.
Child Death Leave: Up to 104 weeks for the death of a child under 18 for any reason.
Crime-Related Child Disappearance Leave: Up to 104 weeks for a missing child believed to be a victim of crime.
Domestic or Sexual Violence Leave: Up to 10 days and 15 weeks of job-protected leave for employees or their children who experience domestic or sexual violence.
Declared Emergency Leave: For public health or government-declared emergencies.
Reservist Leave: For military reservists deployed abroad or to respond to domestic emergencies.
Long-Term Illness Leave: (New in 2025) Starting June 19, 2025, employees can take up to 27 unpaid weeks in 52 weeks due to a serious medical condition. To qualify, an employee must have worked for the employer for at least 13 consecutive weeks and provide a medical certificate confirming the condition and expected duration.
If a workplace policy, employment contract, or collective agreement offers more favourable leave entitlements, those will apply instead of the ESA minimums.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Whether you’re an employee requesting time off or an employer responding to a leave request, it’s essential to understand your legal rights and obligations. At Achkar Law, we help ensure leave decisions are fair, compliant, and backed by sound legal advice.”
Employee Rights During a Leave of Absence
Ontario employees are protected when taking a valid ESA leave. Key rights include:
Job Protection: Employees must be reinstated to their job, or a comparable one, after returning from leave.
Benefits Continuation: Health, dental, and other benefits must be maintained during the leave, as if the employee were actively working.
No Penalty for Taking Leave: Employers cannot penalize or terminate employees for taking or requesting a protected leave.
Employer Obligations During a Leave of Absence
Employers have a legal duty to comply with the ESA when managing leaves:
Grant Eligible Leaves: Employers must approve leaves where the ESA criteria are met.
Maintain Benefits: Employers must continue contributions to benefit plans unless the employee opts out in writing.
Protect the Employee’s Job: Employers must not dismiss, discipline, or otherwise penalize an employee for exercising their ESA rights.
Documentation: Employers may request reasonable evidence of eligibility (e.g., medical notes or documentation of family circumstances).
Clear Communication: Employers should maintain respectful communication about leave timelines, return-to-work expectations, and any accommodations required.
Consult an Employment Lawyer
Managing leaves of absence can be complex, especially when overlapping with other legal obligations like human rights accommodations or workplace policies. Whether you’re an employee managing time off or an employer addressing compliance, legal advice can help reduce risk and ensure the right approach.
At Achkar Law, our team guides both employers and employees across Ontario on leave-related issues under the ESA, human rights law, and common law entitlements.
Contact Achkar Law
If you have questions about your rights, obligations, or a specific leave situation, we’re here to help. Our employment law team assists clients across Ontario with ESA compliance, policies, disputes, and legal representation.
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. ©