Global Compliance – Ontario
Ontario: Upcoming Labour Law Amendments
Ontario has recently introduced a new job-protected unpaid Long-Term Illness leave entitlement under the Employment Standards Act, 2000, (“the Act”). This new leave entitlement will come into effect on June 19, 2025, six months after receiving Royal Assent.
Long-Term Illness Leave Provisions
Currently, there is no long-term illness provision in the law.
Effective June 19, 2025, eligible employees who are unable to perform their duties due to a serious medical condition will be entitled to receive long-term leave.
The key provision of long-term illness leave is as follow:
Duration of Leave- Employees will be entitled to receive in total 27 weeks of unpaid long-term illness leave in a 52-week period, even if the employee has more than one serious medical condition.
Any week in which an employee takes leave for any duration shall be deemed a full week of Long‑Term Illness Leave.
Eligibility Criteria– An employee shall be employed for at least 13 consecutive weeks with the same employer to be eligible to take leave under this provision.
Notice Requirement- An employee shall inform their employer about the taking of leave in writing as early as possible and shall provide a certificate from a qualified health practitioner specifying the nature of the serious medical condition and the expected duration of their absence.
Start of Leave- The leave begins either on the first day of the week in which the medical certificate will be issued or the first day of the week in which the employee will stop working due to a serious medical condition, whichever is earlier.
End of Leave- The leave ends no later than the last day of the period specified in the medical certificate. If the medical certificate specifies a period of 52 weeks or more, the leave must end no later than 52 weeks from the earlier of:
- the start of the week the certificate was issued, or
- the start of the week the employee stopped working due to the serious medical condition.
Additional Leave- If the employee continues to have a serious medical condition after returning to work and before the 52-week period ends, they may take additional leave (up to 27-week maximum), only if another certificate is provided.
Take away- Employers must take proactive steps to comply with the amendment and must review and update their leave policies at the earliest to align with the changes in the law.
