Expanding employee leave rights
Any discerning employment lawyer will tell you that employers should constantly be on the lookout for new employee leave laws, and this is especially true in the Canadian province of Ontario. The challenge lies in the sheer volume of information and the rapid pace at which laws evolve. Crucial updates regarding employee leave rights can go unnoticed, potentially leading to unintentional violations and significant penalties.
Ontario is Canada’s most populous province, home to millions of workers, thousands of employers, and an extensive Employment Standards Act (ESA) containing numerous employee leave provisions. Consequently, failing to understand new employee leave rights can be a costly compliance mistake for Ontario employers, possibly leading to heavy penalties.
What are the key changes to Ontario’s Employment Standards Act?
The Ontario ESA is seeing changes to several employee leave provisions, including:
- Placement of a Child Leave provides at least 12 weeks of unpaid leave
- Long-term illness leave to be provided for at least 13 consecutive weeks
- Ontario’s government introduced the Working for Workers Seven Act
Here is an in-depth view of these new employee leave entitlements in Ontario’s ESA and further changes Canadian employers should know about.
Placement of a Child Leave
Placement of a Child Leave, which takes effect on a future date to be proclaimed by the Lieutenant Governor, will provide employees who have been employed by an employer for at least 13 weeks with the right to unpaid leave for two reasons.
- The first-time placement of a child into the employee’s care, custody and control for adoption
- The first-time arrival of a child into the employee’s care, custody and control where the birth parent is a surrogate
An employee may begin child placement leave up to six weeks before the expected placement, with a total entitlement of 16 weeks of leave, which must be taken over a single period. The leave must end no later than 17 weeks after the day the placement occurs.
If, after beginning the leave, the employee learns that the child placement will not occur, the leave may continue for 14 days or for fewer days if the employee and employer agree.
Finally, employers must retain records relating to an employee’s child placement leave for three years after the day the leave ends.
Long-Term Illness Leave
Effective June 19, 2025, long-term illness leave will be granted to employees who have been employed by an employer for at least 13 consecutive weeks with unpaid leave if both of the following can be shown:
- The employee will not be performing the duties of their position because of a serious medical condition
- A qualified health practitioner issues a certificate stating the employee has a serious medical condition and sets out the time the employee will be unable to work because of the condition
The maximum entitlement to long-term illness leave is 27 weeks in a 52-week period, even if the employee has more than one serious medical condition. But an employee’s leave must end no later than the last day of the period specified in the medical certificate.
Like Placement of a Child Leave, employers must retain specified records relating to an employee’s long-term illness leave for three years after the leave of absence expires.
Are there more Ontario leave provisions coming?
On May 28, 2025, Ontario’s government introduced the Working for Workers Seven Act, 2025, which is expected to receive Royal Assent sometime later this year. Under this Bill, if enacted, the ESA would grant employees up to three days of unpaid job-seeking leave if they receive notice of termination along with 50 or more other workers. The reason behind the leave is to help employees undertake activities related to obtaining new employment, such as job searching, interviewing and training.
Closing Thoughts
Employers should review and update their policies, practices, and employment contracts to cover these and any other new employee leave rights they encounter. Additionally, employers should determine the effect, if any, the new leaves will have on previously existing leave entitlements and their company’s operating efficiency. And finally, contact your legal advisor if you have any concerns about how new leave rights may affect your business.
See how workforce compliance software can help your organization manage emerging leave laws.
