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Long-Term Illness Leave in Ontario: Who Qualifies, How Long It Lasts, and Your Rights
Long-term illness leave is a new job-protected leave under Ontario's Employment Standards Act, 2000, introduced by the Working for Workers Six Act, 2024 and in force as of June 19, 2025. It fills a significant gap in Ontario's leave framework by providing up to 27 weeks of job-protected, unpaid leave for employees dealing with serious medical conditions that require an extended absence from work.
Were you denied long-term illness leave or terminated while dealing with a serious medical condition?
Long-term illness leave is a protected statutory right under the Employment Standards Act, 2000. Employers cannot refuse it or retaliate against employees who take it. Get advice before the limitation period runs out.
Call: 1-800-771-7882 Speak With an Employment LawyerLong-term illness leave at a glance
What is long-term illness leave?
Long-term illness leave was introduced to address a gap in Ontario's existing leave framework. Before this leave existed, employees with serious medical conditions that required extended absences often had to rely on a patchwork of ESA sick days, short-term disability benefits, and Human Rights Code accommodation — none of which provided a single clear, defined entitlement for prolonged medical absences.
Under the new leave, employees who have a serious medical condition confirmed by a qualified health practitioner can take up to 27 weeks of unpaid, job-protected leave within any 52-week period. The medical certificate must confirm both the serious medical condition and the expected duration of the absence.
Who qualifies for long-term illness leave?
To qualify for long-term illness leave, an employee must be covered by the ESA, must have worked for the same employer for at least 13 consecutive weeks before the leave begins, and must have a medical certificate from a qualified health practitioner confirming a serious medical condition and the expected duration of the absence. The leave applies to the employee's own condition, not to caregiving for a family member.
Employee rights and employer obligations
Your rights as an employee
- Take up to 27 unpaid, job-protected weeks within a 52-week period
- Return to the same position or a comparable one at the end of the leave
- Maintain group benefits during the leave where the employer offers them and you continue to pay your share
- Protection from termination, discipline, or demotion connected to the leave
Employer obligations
- Grant the leave where eligibility requirements and documentation are met
- Protect the employee's job during the leave period
- Not penalize, discipline, or terminate an employee for taking or requesting the leave
- Reinstate the employee to the same or a comparable role on return
How long-term illness leave fits with other ESA leaves
Long-term illness leave overlaps with several existing leaves under the ESA and with Human Rights Code protections. Understanding how they interact matters for employees planning an extended absence.
| Leave type | Duration | Who it covers | Key threshold |
|---|---|---|---|
| ESA sick leave | 3 days per year | Employee's own illness | Personal illness or injury |
| Long-term illness leave | Up to 27 weeks in 52 weeks | Employee's own serious condition | Serious medical condition confirmed by certificate |
| Family caregiver leave | Up to 8 weeks per year per family member | Caregiving for a family member | Serious medical condition (no risk of death required) |
| Family medical leave | Up to 28 weeks in 52 weeks | Caregiving for a family member | Serious condition + risk of death within 26 weeks |
| Human Rights Code accommodation | No fixed maximum | Employee with a disability | Disability as defined by the Human Rights Code |
Is your employer refusing your long-term illness leave or pressuring you to return before you are medically ready?
Long-term illness leave is a statutory right. Refusing it or retaliating against an employee for taking it may give rise to a Ministry of Labour complaint. Get advice before acting.
Get Legal Advice Or call us: 1-800-771-7882How to take long-term illness leave
Obtain a medical certificate
A qualified health practitioner must issue a certificate confirming that you have a serious medical condition and stating the expected duration of the absence. The certificate must meet the requirements set out in the ESA. Your employer cannot demand your full medical records, only the certificate.
Notify your employer in writing
Provide written notice to your employer as soon as reasonably possible. Include the reason for the leave and the expected duration. Written notice creates a record and triggers your employer's legal obligations under the ESA.
Keep records of all communications
Save copies of all correspondence related to your leave request and any responses from your employer. If a dispute arises, documentation of what was said and when is critical.
Consider whether Human Rights Code protections also apply
If your condition qualifies as a disability under the Ontario Human Rights Code, additional accommodation protections may extend your leave beyond 27 weeks. Get legal advice if you expect your absence to continue beyond the ESA entitlement period.
Frequently asked questions about long-term illness leave in Ontario
What is long-term illness leave in Ontario?
Long-term illness leave is a new job-protected, unpaid leave under the Employment Standards Act, 2000 that came into force on June 19, 2025. It allows eligible employees with a serious medical condition confirmed by a health practitioner to take up to 27 weeks of leave within any 52-week period. It applies to the employee's own illness, not to caregiving for a family member.
How long is long-term illness leave in Ontario?
Eligible employees may take up to 27 weeks of unpaid, job-protected leave within any 52-week period. Where the employee's condition qualifies as a disability under the Ontario Human Rights Code, accommodation obligations may extend the protected period beyond 27 weeks.
Is long-term illness leave paid in Ontario?
No. Long-term illness leave is unpaid under the ESA. Employees may qualify for Employment Insurance sickness benefits through the federal government, short-term or long-term disability benefits through their employer's group plan, or paid leave under their employment contract. Review your benefits booklet and contract to confirm what income support is available.
Who qualifies for long-term illness leave?
Employees who have worked for the same employer for at least 13 consecutive weeks and have a serious medical condition confirmed by a qualified health practitioner are eligible. The certificate must confirm the condition and the expected duration of the absence. The leave does not require a significant risk of death, only a serious medical condition.
Can my employer refuse long-term illness leave?
No. Where eligibility requirements are met and the medical certificate is provided, the employer must grant the leave. Refusing the leave, disciplining the employee for requesting it, or terminating employment in connection with the leave is a reprisal under the ESA and may give rise to a Ministry of Labour complaint or wrongful dismissal claim.
How is long-term illness leave different from ESA sick leave?
ESA sick leave provides 3 unpaid days per calendar year for personal illness. Long-term illness leave provides up to 27 weeks for employees with a serious medical condition requiring an extended absence. The two leaves are separate entitlements and may both be available depending on the circumstances.
Questions about long-term illness leave in Ontario?
If your leave was denied, your employer is pressuring you to return, or your employment was affected while you were off for a serious medical condition, our team can help. We advise employees across Ontario on Ministry of Labour complaints, accommodation disputes, 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.