Job-Protected Leaves in Ontario: The Full List
Beyond vacation, the ESA gives Ontario employees a range of job-protected leaves, from sick days to family caregiver and critical illness leave. Here is the full list and how long each lasts.
Key takeaways
- The ESA provides many job-protected leaves, most unpaid, that your employer cannot punish you for taking.
- Short leaves include 3 sick days, 3 family responsibility days, and 2 bereavement days.
- Longer leaves cover caring for seriously ill family, a critically ill child, and more.
- Domestic or sexual violence leave includes some paid days.
- Being penalized for taking a protected leave can be a reprisal or a wrongful dismissal.
In this article
Most people know about vacation and maybe sick days, but the ESA actually provides a long list of job-protected leaves for the harder moments in life: illness, a family emergency, a death, caring for someone critically ill. Knowing they exist, and that they are protected, matters when you need to take one without fear of losing your job.
✅Quick answer. Ontario's ESA gives employees a range of job-protected leaves beyond vacation. Most are unpaid, but your employer cannot dismiss, discipline, or penalize you for taking one, and you are entitled to return to your job afterward. They range from a few days (sick, family responsibility, bereavement) to many weeks (family caregiver, critical illness, family medical), and domestic or sexual violence leave includes some paid days.
The short leaves (a few days each)
- Sick leave: up to 3 unpaid days a year for personal illness, injury, or a medical emergency. See sick days in Ontario.
- Family responsibility leave: up to 3 unpaid days a year for an illness, injury, or urgent matter involving certain family members.
- Bereavement leave: up to 2 unpaid days a year on the death of certain family members.
Caregiving and serious-illness leaves (weeks to months)
- Family caregiver leave: up to 8 weeks per year to care for a family member with a serious medical condition.
- Family medical leave: up to 28 weeks in a 52-week period to care for a family member with a serious medical condition and a significant risk of death.
- Critical illness leave: up to 37 weeks to care for a critically ill minor child, or up to 17 weeks for a critically ill adult family member.
Pregnancy, parental, and family-loss leaves
- Pregnancy and parental leave: up to 17 weeks of pregnancy leave and up to 61 or 63 weeks of parental leave. See pregnancy and parental leave.
- Child death leave: up to 104 weeks if a child dies.
- Crime-related child disappearance leave: up to 104 weeks if a child disappears due to a crime.
Domestic or sexual violence leave
Employees who have been employed for at least 13 consecutive weeks and who, or whose child, has experienced domestic or sexual violence are entitled to domestic or sexual violence leave: up to 10 individual days and up to 15 weeks in a year. Importantly, the first 5 days of this leave are paid, which is unusual among ESA leaves. It can be used for things like seeking medical attention, counselling, legal help, or relocating.
These leaves are protected
The common thread is protection. Your employer cannot fire you, demote you, cut your pay, or otherwise penalize you for taking a leave you are entitled to, and you have the right to return to your position or a comparable one. Punishing an employee for taking a protected leave can be an unlawful reprisal and, where it leads to losing the job, a wrongful or constructive dismissal. A leave connected to a disability also engages the duty to accommodate.
What should you do?
- 1.Identify which leave fits your situation and check its length and any notice requirement.
- 2.Give your employer the notice the ESA requires, in writing where you can.
- 3.Keep records, and provide reasonable supporting evidence if asked, though usually not a specific diagnosis.
- 4.If you are penalized or pushed out for taking a leave, get advice. A free review can tell you your options.
These leaves sit alongside the other ESA basics like vacation and public holiday pay. If a leave, or a disability behind it, was used against you, see fired while on medical leave and severance pay in Ontario.
Frequently asked questions
What leaves are Ontario employees entitled to?
The ESA provides sick leave (3 days), family responsibility leave (3 days), bereavement leave (2 days), family caregiver leave (8 weeks), family medical leave (28 weeks), critical illness leave (up to 37 weeks), pregnancy and parental leave, child death and crime-related disappearance leave, and domestic or sexual violence leave, among others.
Are ESA leaves paid?
Most ESA leaves are unpaid but job-protected. The main exception is domestic or sexual violence leave, where the first 5 days are paid. Income during longer leaves may come from EI or a benefit plan.
Can my employer fire me for taking a protected leave?
No. You cannot be dismissed, demoted, or penalized for taking a leave you are entitled to, and you have the right to return to your job or a comparable one. Doing so can be a reprisal or a wrongful dismissal.
Do I have to give my employer a reason for a leave?
You generally have to tell your employer you are taking a protected leave and provide reasonable evidence if asked, but usually not a specific medical diagnosis. Each leave has its own notice and evidence rules.
Carmen Reyes
Legal Writer, Mirza Law
Carmen Reyes is a legal writer at Mirza Law in Toronto. She writes about constructive dismissal, workplace changes, and how Ontario employees can protect themselves when their job changes under them.
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