Leaves of Absence

Protected Leaves Policy – Ontario
Note: This document complies with current legislation, including changes to the Employment Standards Act, 2000 resulting from Bill 47, in force on January 1, 2019. Any further changes to Ontario legislation will supersede these policies and will appear in revised form in the next edition of the organization’s policy manual.

Intent
This policy is designed to ensure that employees are entitled to authorized time off as per applicable legislation without fear of negative consequences regarding their employment status or opportunities with the organization. The organization is committed to providing a work-life balance for employees and understands that situations may arise that require immediate, emergency leave.

This policy covers situations where employees need to take a leave of absence to attend to situations that directly affect their families or dependants.

Guidelines
Protected Leaves
• Pregnancy leave
• Parental leave
• Family medical leave
• Sick leave
• Family responsibility leave
• Bereavement leave
• Emergency leave (declared emergencies)
• Reservist leave
• Organ donor leave
• Family caregiver leave
• Critical illness leave
• Child death leave
• Crime-related child disappearance leave
• Domestic or sexual violence leave
• Jury duty leave

Pregnancy and Parental Leave
Pregnancy and parental leave provide employees with authorized time off related to the birth or adoption of a child. These leaves are designed to allow employees to recover from childbirth, bond with, and care for their newborn or adopted children without fear of negative impacts on their employment status or any future opportunities.

An employee who becomes a new parent in the following ways is eligible for pregnancy or parental leave:
Pregnancy Leave
• Biological birth mother
Parental Leave
• Mother
• Father
• Adoptive parent
• Domestic partner

Qualifying for Pregnancy or Parental Leave
A new parent or pregnant employee is entitled to pregnancy or parental leave whether they are full-time, part-time, permanent, or contract employees, provided they:
• Work for an employer covered by the Employment Standards Act, 2000 (ESA);
• Were hired at least 13 weeks before the expected date of birth (the “due date”) or;
• Were hired at least 13 weeks before starting parental leave.

Request for Pregnancy or Parental Leave Procedure
To help the organization make the necessary arrangements to accommodate an employee’s leave, employees must provide at least two weeks’ notice before beginning pregnancy or parental leave. This notice ensures that staffing solutions can be arranged and helps minimize any additional work stress for other employees during the absence.

The request for leave must include the appropriate documentation. Employees are encouraged to give four weeks' notice regarding their expected return to work or if they choose not to return to work. Any changes to the leave should be communicated as soon as possible.

Duration of Leave Parameters
Pregnancy Leave
• Pregnant employees are entitled to take up to 17 consecutive weeks (or longer in certain circumstances) of job-protected unpaid time off.
• Pregnancy leave may begin no earlier than 17 weeks before the expected due date. However, if an employee gives birth more than 17 weeks before the due date, the leave may start on the birth date.
• Pregnancy leave may begin no later than the employee's due date. If the baby is born earlier than expected, the latest the leave can begin is on the day the baby is born.
• The maximum duration of pregnancy leave is 17 weeks, though an employee may continue their pregnancy leave if they are still pregnant after 17 weeks of leave.

Parental Leave
• New parents have the right to take parental leave when a child is born or first comes into their care.
• Birth mothers who took pregnancy leave are entitled to up to 61 weeks of leave.
• Birth mothers who do not take pregnancy leave and all other new parents are entitled to up to 63 weeks of parental leave.
• Parental leave is not part of pregnancy leave, so a birth mother may take both pregnancy and parental leave.
• The right to parental leave is independent of the right to pregnancy leave.
• All other new parents must begin their parental leave no later than 78 weeks after the date their baby is born or the date the child first came into their care, custody, and control.
• Parental leave does not have to be completed within the 78-week period; it just has to be started.

A birth mother who takes pregnancy leave must ordinarily begin her parental leave as soon as her pregnancy leave ends. However, if her baby has not yet come into her care when pregnancy leave ends, she can choose to either begin her leave or return to work and start her parental leave later, within the 78-week period from the birth or the date the baby first came home.

If an employee chooses not to use the maximum amount of leave available, they cannot take any unused time later. Once parental leave has started, it must be taken all at once and cannot be split.

Miscarriages and Stillbirths
An employee who experiences a miscarriage or stillbirth more than 17 weeks before their due date is not entitled to pregnancy leave. However, if the miscarriage or stillbirth occurs within the 17-week period before the due date, the employee is eligible for pregnancy leave. The leave must commence no later than the date of the miscarriage or stillbirth.

The pregnancy leave for an employee who experiences a miscarriage or stillbirth ends on the later of:
• 17 weeks after the leave began; or
• 12 weeks after the stillbirth or miscarriage.

This ensures that the pregnancy leave will be at least 17 weeks long, and may be longer in some cases.

Family Medical Leave
Family medical leave is unpaid, job-protected time off for up to 28 weeks to care for a family member (or someone considered to be like family) who has a serious risk of passing away within 26 weeks. The medical condition and the risk of death must be confirmed by a qualified health practitioner.

Family medical leave may be taken in multiple periods, and employees must inform management as soon as they are aware of the need for leave. The leave is generally authorized for the duration of the situation, but extensions may be granted at management’s discretion, and the leave can be either paid or unpaid. Employees may use a combination of paid leave, unpaid leave, vacation time, or parental leave (if applicable).

If the employee does not use the full 28 weeks in the initial period, they do not need to submit an additional certificate for more leave later within the same year.

Family medical leave will not affect an employee’s salary or benefits. Performance goals will be adjusted to ensure that employees are not penalized for their absence. Employees are legally protected from dismissal, termination, or other detriments to employment for taking this leave.

If two or more employees qualify to take family medical leave for the same person, the leave must be divided among those employees.

If the family member does not pass away within the 52-week period starting from the date the medical certificate is issued, the employee may qualify for another leave in accordance with the relevant legislation.

Sick Leave
Sick leave provides job-protected, unpaid time off for up to three days per calendar year. Employees must have been employed for at least two consecutive weeks to qualify for this leave. Sick leave may be taken for personal illness, injury, or medical emergency. The three days do not have to be taken consecutively, but any part of a day taken off may count as a full sick day.

Employees must inform management as soon as possible before taking sick leave, or as soon as possible after the need arises. Supervisors will approve requests that meet the requirements outlined in applicable employment legislation. Situations that do not meet the criteria will be handled on a case-by-case basis. Employees may be required to provide reasonable evidence to support their entitlement to sick leave.

Organ Donor Leave
Employees taking organ donor leave must provide their employer with a minimum of two weeks’ notice of their intention to take the leave. Employees must provide a medical certificate confirming the reasons for and the expected duration of the leave.

Family Caregiver Leave
All employees, regardless of their length of service, are entitled to eight weeks of unpaid job-protected leave per calendar year for each family member requiring care, as specified in the legislation.

The employee can take the time to care for or support a family member if a qualified health practitioner issues a certificate stating that the individual has a serious medical condition. A serious medical condition may include a condition that is chronic or episodic.

For the purpose of this leave, a family member includes:
• The employee’s spouse;
• A parent, step-parent, or foster parent of the employee or the employee’s spouse;
• A child, step-child, or foster child of the employee or the employee’s spouse;
• A grandparent, step-grandparent, grandchild, or step-grandchild of the employee or the employee’s spouse;
• The spouse of a child of the employee;
• The employee’s brother or sister;
• A relative of the employee who is dependent on the employee for care or assistance; or
• Any individual prescribed as a family member for the purpose of this section.

Medical Certificate
Employees are required to provide a medical certificate from a qualified health practitioner (which may include a physician, registered nurse, or psychologist) stating that the individual has a serious medical condition. This certificate should be provided to the employer before the start of family caregiver leave, unless an emergency situation occurs. The certificate must state that the family member is suffering from a serious medical condition.

Notice
Employees must give notice in writing to their employer, along with the medical certificate, before the start of a family caregiver leave. If the employee must begin family caregiver leave before notifying the employer due to an emergency, the employee must notify the employer in writing about the leave as soon as possible after its start.

Critical Illness Leave
All employees who have been employed for at least six consecutive months are entitled to up to 37 weeks of unpaid job-protected leave to provide care or support to a critically ill minor child (as certified by a qualified health practitioner). A “critically ill minor child” refers to a minor child whose baseline state of health has significantly changed and whose life is at risk as a result of an illness or injury.

All employees who have been employed for at least six consecutive months are entitled to up to 17 weeks of unpaid job-protected leave to provide care or support to a critically ill adult (as certified by a qualified health practitioner).

For the purpose of this leave, a minor child includes a child, step-child, foster child, or child who is under the legal guardianship of the employee and under the age of 18. An adult refers to an individual 18 years of age or older. The leave is restricted to instances where family members of the employee, as defined by the act, are critically ill.

Length of Leave
If the qualified health practitioner sets out a period of leave that is less than the prescribed weeks, the employee is entitled to take leave only for the number of weeks specified in the medical certificate. If the health practitioner sets out a period of 52 weeks or longer, the employee’s leave must end no later than the last day of the 52-week period.

If a critically ill minor child or adult dies while the employee is on leave, the employee’s entitlement to leave ends at the end of the week in which the minor child or adult dies.

Further Leave
If a minor child or adult remains critically ill while the employee is on leave, or after the employee returns to work but before the 52-week period expires, the employee is entitled to take an extension of the leave or a new leave if they meet the proper requirements. If the minor child or adult remains ill after the 52-week period expires, the employee is entitled to take another leave if the leave requirements are once again met.

Medical Certificate
Employees must provide a medical certificate from a qualified health practitioner before starting a critical illness leave, unless an emergency situation occurs. The certificate must state that the child or adult is critically ill and requires the care or support of one or more parents, and it must also specify the time period during which the employee is needed for care or support.

Notice
Employees must give notice in writing to their employer, along with the medical certificate, before the start of a critical illness leave. The employee must also provide a written plan indicating the weeks in which they will take the leave.

If the employee must begin the leave before notifying their employer due to an emergency, the employee must notify the employer in writing as soon as possible after beginning the leave and provide a written plan that indicates the weeks in which they will take the leave.

Child Death Leave
For the purpose of this leave, a child includes a child, step-child, foster child, or child who is under the legal guardianship of the employee, and is under 18 years of age. "Crime" refers to an offence under the Criminal Code of Canada, other than an offence prescribed by the regulations made under paragraph 209.4(f) of the Canada Labour Code.

Length of Leave
Employees employed for at least six consecutive months are entitled to up to 104 weeks of unpaid job-protected leave if their child dies. Employees may take their leave only during the 105-week period that begins in the week the child dies.
Please note that an employee is not entitled to this leave if they are charged with a crime in relation to the death or if it is probable that the child was involved in a crime related to their death.

Notice
Employees must give written notice to their employer before starting the leave. The employee must also provide a written plan indicating the weeks when they will take the leave.
If an employee must begin child death leave before notifying their employer due to an emergency situation, they must notify the employer in writing about the leave as soon as possible after starting it and provide a written plan that indicates the weeks in which they will take the leave.

Crime-Related Child Disappearance Leave
Employees employed for at least six consecutive months are entitled to up to 104 weeks of unpaid job-protected leave if their child disappears and it is probable, considering the circumstances, that the disappearance is the result of a crime.

Generally, an employee who takes a crime-related child disappearance leave must take the leave in a single time period, although limited exceptions apply. For exceptions and unusual circumstances related to this leave, please consult your manager or refer to the applicable legislation.
If an employee’s child is found alive while the employee is on leave, they are entitled to stay on leave for an additional 14 days. If the child is found dead, the leave entitlement ends at the end of the week in which the child is found.
If it becomes probable, considering the circumstances, that the disappearance of the child is not the result of a crime, the leave must end on the day it is no longer considered probable.

Please note that an employee is not entitled to this leave if they are charged with the crime or if it is probable that the child was involved in the crime.

Evidence
The employer may request reasonable evidence to support the employee’s entitlement to a crime-related child disappearance leave.

Notice
Employees must give written notice to the employer before starting the leave. The employee must also provide a written plan indicating the weeks when they will take the leave.
If an employee must begin a crime-related child disappearance leave before notifying the employer due to an emergency, they must notify the employer in writing as soon as possible after starting the leave and provide a written plan that indicates the weeks in which they will take the leave.

Domestic or Sexual Violence Leave
Employees employed for at least 13 consecutive weeks are entitled to up to 10 days and up to 15 weeks of protected leave if the employee or a child of the employee experiences domestic or sexual violence, or the threat of domestic or sexual violence.
If an employee takes any part of a day as leave, the employer may consider the employee to have taken one full day of leave. If an employee takes part of a week as leave, the employer may consider the employee to have taken one full week of leave. Under this leave, employees are entitled to take the first five days as paid days of leave. The balance of the entitlement is unpaid. The employer will pay the first five days of domestic or sexual violence leave at the amount prescribed by legislation.

For the purpose of this leave, a child includes a child, step-child, foster child, or child who is under the legal guardianship of the employee, and is under 18 years of age.
Please note that an employee is not entitled to this leave if the domestic or sexual violence is committed by the employee.

Confidentiality
The employer will ensure mechanisms are in place to protect the confidentiality of records provided to or produced by the employer that relate to an employee taking domestic or sexual violence leave.

Notice
Employees should give notice in writing to the employer before the start of a domestic or sexual violence leave. The employee must also provide a written plan indicating the weeks in which they will take the leave.
If an employee must begin a domestic or sexual violence leave before notifying the employer due to an emergency, the employee must notify the employer in writing as soon as possible after starting the leave and provide a written plan that indicates the weeks in which they will take the leave.

Jury Duty Leave
The employer recognizes and respects the need for employees to complete jury duty and will make accommodations for employees selected to participate on a jury.

Procedure
• Employees selected for jury duty must provide as much advance notice as possible of the start of their jury duty.
• Employees should include a copy of their summons to jury duty in their advance notice.
• Employees will be granted leave (with or without) pay to serve as jurors.
• Where the jury duty lasts for only part of a day, the employee must return to work (where possible) for the remainder of the day.
• Once the jury leave has concluded, the employee must provide evidence of the jury leave in the form of documentation from the court clerk confirming the days that the employee participated on the jury.
• Any employee who must appear in a court of law as a plaintiff, defendant, or witness shall not be eligible for a paid leave of absence. In these instances, the employee may use vacation time or request an unpaid leave of absence.