Other employment leaves of absence

The following 10 types of leave are recognized under the Employment Standards Act:

• Family responsibility leave
• Compassionate care leave
• Bereavement leave
• Sick leave
• Court leave
• Leave for members of the reserves
• Death or disappearance leave (child)
• Critically ill child leave
• Critically ill adult leave
• Domestic violence, intimate partner violence or sexual violence leave

Employers shall not suspend, layoff, penalize, dismiss or otherwise terminate an employee during one of these leaves for reasons arising from the leave alone.

They are not allowed to impose disciplinary measures or discriminate against an employee for seeking a leave. Employers may not, in any way, attempt to evade any responsibility imposed under this Act or any other provincial or federal act or regulation. 

An employee granted a leave of absence under Act is deemed to have been continuously employed with the same employer during the leave. 

Gives employees leave without pay for up to three days a year to deal with the health, care or education needs of a person in a close family relationship.

Gives employees leave without pay for up to 28 weeks to care for a person in a close family relationship who is critically ill and has a significant risk of dying.  

To qualify for compassionate care leave, the employee must have a written note from a certified medical practitioner stating that a person in a close family relationship has a serious medical condition that carries a significant risk of death within the next 28 weeks and requires care and support.  

Other conditions apply:  

• should the person die, the compassionate care leave expires and bereavement leave may then be taken by the employee
• the leave may be broken up over the 28 weeks but must be taken in periods of at least one week duration
• the leave may be shared by two or more employees, but the total leave period taken by the employees may not exceed 28 weeks
• there is no length of service requirement to access compassionate care leave

The federal government offers a program under Employment Insurance that covers compassionate care leave.

Gives employees leave without pay for up to five consecutive days in the event of the death of a person in a close family relationship. It must begin no later than the day of the funeral.

Gives employees who have worked for the same employer for more than 90 days sick leave without pay for up to five days during a 12-month period.

When an employee, due to an illness or injury, requests a leave of absence of four or more consecutive days, the employer can require them to provide a medical certificate certifying that they are incapable of working due to illness or injury.

When an employee is summoned or selected to serve on a jury or to act as a witness in a court proceeding, the employer must give them a leave of absence without pay for the period they are absent from work for this purpose.

Gives employees who have been employed for at least three continuous months and who are members of the reserves, leave without pay if they have been selected for reserve service. The leave can be for up to 24 months in any 60-month period, except for national emergencies, in which case there is no set limit.

Eligible periods of service are:

• deployment to a Canadian Forces operation or engagement, inside or outside Canada, in a pre-deployment or post-deployment activity required by the Canadian Forces 
• deployment to address a national emergency 
• training they are ordered to take under paragraph 33(2)(a) of the National Defence Act (Canada) 
• military skills training 
• time spent in travel from or to a member of the reserve’s residence in relation to an activity referred to above 
• rest in relation to an activity referred to above 
• time spent in treatment, recovery or rehabilitation in respect to a physical or mental health problem that results from an activity referred to above 

The employee must give written notice to their employer at least four weeks before the anticipated start of the leave. Or, if they receive notice of selection less than four weeks before it starts, as soon as the circumstances permit. 

The notice shall include the commencement date and the expected date of return to work.  An employer may require a certificate from the reserves confirming the membership of the employee and expected start and end dates. 

If circumstances beyond the employee’s control require a change to the dates specified in a notice, the employee shall advise the employer of the change. If the leave is to be extended, the employee shall provide a written notice to their employer at least four weeks prior to the amended expected date of return to work or as soon as practicable after the employee receives the notice.  

An employer is not required to extend the leave beyond the date that would result in the employee’s total leave exceeding 24 months. 

If the employee does not provide notice within the specified time frame of an amended date of return, the employer may postpone the employee’s date of return to work by up to four weeks after the date on which the employee gives notice to the employer. However, an employer shall not postpone an employee’s date of return if the postponement would result in a return-to-work date that is earlier than the amended expected return to work date of the employee.  

An employer may apply to be exempted from the application of the provisions under the Act, if granting the leave or the extension would adversely affect the health or safety of the workplace or the public or cause the employer undue hardship. 

A person affected by such a decision with respect to an application of exemption may make a written request, within 14 days after the notice of the decision, to refer the matter to the board. 

An employer shall not dismiss, suspend or lay off an employee or refuse to employ a person for the sole reason that the employee or person is a member of the reserves.  

When an employee reports for work after the leave, the employer shall permit them to resume in the position they held immediately before the leave or an equivalent position with no decrease in pay and with no loss of benefits accrued up to the start of the leave.

An employee who is the parent of a child (under 18) who has died as the probable result of a crime, or who has disappeared as the probable result of a crime, is entitled to an unpaid leave of up to 37 weeks. If both parents are employees of the same employer, they are both entitled to the leave.

An employee is not entitled to leave if they are charged with the crime. Employees may end the leave early by giving the employer written notice before they wish to return to work. 

The period during which the employee may take the leave begins on the day that the death or disappearance occurs and ends 37 weeks after that day. 

If the child is found alive within the leave period, the employee is entitled to continue taking leave for 14 days after the child is found.  

If the child is found dead or dies because of the circumstances of a disappearance, the employee is entitled to take up to 37 weeks of unpaid leave from the day the child is found dead. 

If it is no longer probable that a child’s death or disappearance is the result of a crime, a leave ends 14 days after that day, unless the employer and employee agree to an earlier return to work. 

Employees must give their employers written notice of their intention to take a leave as soon as possible. If possible, the notice should include the anticipated start and duration of the leave. The employer may require the employee to provide evidence that is reasonable in the circumstances of the employee’s entitlement to the leave. 

If circumstances beyond the employee’s control require a change in the duration of the leave, the employee shall advise the employer of the change. The total leave may not exceed 37 weeks.

Provides unpaid leave of up to 37 weeks to allow parents or other family members to provide care and support for a critically ill child (under 18). 

If both parents or other family members are employees of the same employer, the leave may be taken entirely by one of the employees or shared by the employees, up to a combined maximum of 37 weeks. 

Employees must give their employers written notice of their intention to take a leave as soon as possible. If possible, the notice should include the anticipated start and duration of the leave and a doctor’s certificate. 

If circumstances beyond the employee’s control require a change in the duration of the leave, the employee shall advise the employer of the change. 

The leave ends on the last day of the week in which either the child dies or at the expiration of the 37 weeks.

Provides unpaid leave of up to 16 weeks to allow parents or other family members to provide care and support for a critically ill adult (18 or older).

If both parents or other family members are employees of the same employer, the leave of absence may be taken entirely by one of the employees or shared by the employees, up to a combined maximum of 16 weeks. 

Employees must give their employers written notice of their intention to take a leave as soon as possible. If possible, the notice should include the anticipated start and duration of the leave and a doctor’s certificate.

If circumstances beyond the employee’s control require a change in the duration of the leave, the employee shall advise the employer of the change. 

The leave ends the last day of the week in which either the adult dies or at the expiration of 16 weeks.

Employers are required to grant an employee, who has been employed for more than 90 days, leaves of absence in each calendar year, not to exceed the total of the following: 

• up to 10 days, which the employee may take intermittently or in one continuous period 
• up to 16 weeks in one continuous period 

The first five days of this leave are paid and the balance of leave is unpaid. The pay shall be equal to the wages the employee would have earned if they had worked the regular hours for the applicable period. 

If the wages of an employee vary from day to day, the pay shall be at least equivalent to the employee’s average daily earnings exclusive of overtime for the days on which the employee worked during the 30 calendar days immediately before the leave. 

The leaves apply if the employee or a child of the employee is a victim of domestic violence, intimate partner violence or sexual violence, and the leave of absence is taken for any of the following purposes: 

• to seek medical attention for the employee or the child of the employee for a physical or psychological injury or disability caused by the domestic violence, intimate partner violence or sexual violence 
• to obtain victim services for the employee or the child of the employee from a qualified person or organization 
• to obtain psychological or other counseling from a qualified person for the employee or the child of the employee 
• to relocate temporarily or permanently 
• to seek legal or law enforcement assistance, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from the domestic violence, intimate partner violence or sexual violence 
• for any other purposes related to or resulting from the domestic violence, intimate partner violence or sexual violence 

The employee shall provide the employer with written notice detailing the purposes for which the leave is to be taken, with reference to one or more of the above specific purposes. 

All documentation or other material received in relation to the employee’s leave of absence, is confidential and shall not be disclosed unless:

• the employee has consented in writing 
• the disclosure is made to an officer, employee or agent of the employer who needs the records in the performance of their duties, or 
• the disclosure is authorized or required by law 

More information regarding domestic violence, intimate partner violence or sexual violence and the impact on the workplace, is available from the Women’s Equality Branch at [email protected].

• Other employment leaves of absence (PDF 409 KB)