A leave of absence is a period of time when you’re away from work with your employer’s approval, while maintaining your employment relationship. Unlike quitting or being laid off, your job remains protected and you have the right to return to work when your leave ends.
In Ontario, leaves of absence include both statutory leaves protected by the Employment Standards Act (ESA) and discretionary leaves that employers may grant. Understanding the difference between these is crucial for protecting your rights.
Statutory leaves are legally protected, meaning your employer cannot refuse them if you meet eligibility requirements, cannot penalize you for taking them, and must allow you to return to your position afterward. Discretionary leaves depend on employer approval and may have different protections.
Common Leave of Absence Terms Explained
Leave and Absence refers to the general concept of authorized time away from work while maintaining employment status.
Leave in Absence is another way of describing the state of being on an approved leave period.
Leave on Absence means the same thing – you’re currently away from work on an approved leave.
Leaving Absence describes the process of requesting or taking time away from work.
These terms all describe the same concept: temporary, approved time away from your job with the right to return.
Types of Leave of Absence in Ontario: Requirements & Eligibility
| Type of Leave | Notice Required | Eligibility | Maximum Duration |
|---|---|---|---|
| Pregnancy Leave | 2 weeks written notice (or as soon as possible) | No minimum employment period | 17 weeks |
| Parental Leave | 2 weeks written notice | No minimum employment period | 61-63 weeks |
| Family Responsibility Leave | As soon as possible after starting leave | No minimum employment period | 3 days per year |
| Family Caregiver Leave | As soon as possible | No minimum employment period | 8 weeks per year per family member |
| Family Medical Leave | 2 weeks written notice (or as soon as possible) | No minimum employment period | 28 weeks per family member |
| Critical Illness Leave (child) | 2 weeks written notice | No minimum employment period | 37 weeks per family member |
| Critical Illness Leave (adult) | 2 weeks written notice | No minimum employment period | 17 weeks per family member |
| Child Death Leave | 2 weeks written notice (or as soon as possible) | No minimum employment period | 104 weeks (child death) or 52 weeks (disappearance) |
| Domestic/Sexual Violence Leave | As soon as possible | No minimum employment period | First 10 days then up to 15 weeks |
| Organ Donor Leave | 2 weeks written notice | 13 weeks of employment | 13 weeks |
| Sick Leave (Paid) | Reasonable notice | No minimum employment period | 3 days per year |
| Sick Leave (Unpaid) | Reasonable notice | No minimum employment period | 3 additional days per year |
| Reservist Leave | Reasonable advance notice | 6 consecutive months of employment | Length of deployment + 2 weeks |
| Declared Emergency Leave | As soon as possible | No minimum employment period | Varies by emergency |
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How Do I Request a Leave of Absence From My Employer?
Step 1: Determine Which Leave Applies
Check the table above to see if your situation qualifies for statutory protected leave under the ESA. If not, you’ll need to request discretionary leave from your employer.
Step 2: Provide Proper Notice
Give written notice at least 2 weeks before your leave starts (check the table for specific requirements). Include the reason, start date, expected duration, and any required documentation.
Step 3: Prepare Required Documentation
Gather medical certificates or supporting documents as needed. For example, pregnancy leave may require a medical certificate, while critical illness leave requires documentation from a qualified health practitioner.
Step 4: Submit Your Request in Writing
Email or written letter is fine. Keep copies of everything. Attach all required documentation with your request.
Step 5: Confirm Your Leave Details
Get written confirmation of your leave start/end dates, whether it’s paid or unpaid, how benefits continue, and your return process.
Are Leaves of Absence Paid or Unpaid?
Generally Unpaid Statutory Leaves
Most statutory leaves in Ontario are unpaid, meaning your employer is not required to pay your regular wages during your leave. These include:
- Pregnancy leave
- Parental leave
- Most family caregiver leaves
- Family medical leave
- Critical illness leave
- Organ donor leave
However, you may be eligible for Employment Insurance (EI) benefits during many of these leaves, which provide partial income replacement.
Paid Statutory Leaves
Only a few statutory leaves require employers to pay you:
Paid Sick Days: First 3 sick days per year must be paid.
Domestic/Sexual Violence Leave: First 5 days must be paid.
Using EI Benefits During Leave
For longer unpaid leaves like pregnancy and parental leave, you can apply for Employment Insurance benefits:
- EI Maternity Benefits: Up to 15 weeks for birth mothers
- EI Parental Benefits: Up to 40 weeks standard (55% of earnings) or 69 weeks extended (33% of earnings)
- EI Compassionate Care Benefits: Up to 26 weeks
- EI Family Caregiver Benefits: Up to 35 weeks
These benefits provide partial income replacement while you’re on leave.
Beyond statutory protected leaves/ statutory holiday, employees can request discretionary leaves for various reasons. However, these leaves are not legally protected unless they qualify under human rights grounds.
Your Rights During Leave of Absence
For statutory leaves, your employer must allow you to return to:
- Your pre-leave position, or
- Comparable position if your original position no longer exists
A comparable position must have similar duties, wages, benefits, and working conditions.
During statutory leave, your employer must:
- Continue your benefits if you continue paying your share of premiums
- Continue pension and benefit contributions as if you were still working
- Not reduce vacation time or seniority
You maintain your length of service and employment continuity during protected leaves.
Your employer cannot:
- Penalize you for taking protected leave
- Threaten or intimidate you for requesting leave
- Fire or discipline you because you took leave
- Change your employment terms because you took leave
These protections apply to all ESA-protected leaves.
Common Leave of Absence Mistakes
Not providing proper notice: Failing to give required written notice can jeopardize your leave protection.
Missing documentation deadlines: Late medical certificates or supporting documents can delay or complicate leave approval.
Assuming all leave is paid: Most statutory leaves are unpaid, so plan financially for lost income.
Not applying for EI: If eligible for EI benefits during leave, apply within 4 weeks of stopping work.
Returning late without notice: Coming back after your scheduled return date without notice can have consequences.
Key Takeaways
Ontario provides numerous protected statutory leaves for various circumstances, from having a baby to dealing with serious illness or emergencies.
Most statutory leaves are unpaid, but EI benefits may provide income replacement during longer leaves like parental or compassionate care leave.
You have the right to return to your job or a comparable position after statutory leave, with protection from penalties or reprisals.
Proper notice and documentation are crucial for protecting your leave rights. Put all requests in writing and keep copies.
Beyond statutory leaves, you can request discretionary leave for other reasons, though these are subject to employer approval.
Understanding your leave rights helps you balance personal needs with employment obligations while maintaining job security.
