Leaves of absence

 

Start-ups should be aware of their responsibilities and employees’ rights with regards to leaves of absence. There are different reasons and circumstances that determine whether an employee is eligible to take a leave of absence. It is important to remember that employees are people first, and the reasons for the leave of absence may be personal.

The Employment Standards Act

Under the Ontario Employment Standards Act, many employees in certain industries have the right to different types of leaves of absence. These job-protected leaves ensure that people have a support mechanism to help them deal with various issues and interests of family, health, work and country. As an employer, it is your responsibility to ensure that those who qualify are not penalized when requesting and taking a leave of absence.

Personal emergency leave 

Personal emergency leave is unpaid leave of up to 10 days each calendar year. It may be taken in case of illness, injury, and certain other emergencies and urgent matters. Emergency leave does not have to be taken as consecutive days. Employees who work in companies that regularly employ 50 or more employees are entitled to take personal emergency leave. Source: Ontario Employees Standards Act as of November, 2009

 

 Pregnancy leave

Pregnancy leave is an unpaid leave of up to 17 weeks that is available to pregnant women. Full-time, part-time and contract employees are eligible for this leave provided they were hired at least 13 weeks preceding the estimated date of delivery. Source: Ontario Employees Standards Act as of November, 2009

 

For the duration of the leave, the employee continues to earn seniority and credit for length of service. The employer is required to maintain all benefit plans unless the employee indicates in writing otherwise.

At the conclusion of the leave, subject to very limited exceptions, the employer must reinstate the employee to the same position—or a comparable one in terms of work setting, level of responsibility and compensation —without prejudice to promotion and without loss of any other rights and privileges.

Parental leave

Parental leave is an unpaid leave that is available to both parents when their baby or child is either born or first comes into their care. Full-time, part-time and contract employees are eligible for this type of leave. Birth mothers who take pregnancy leave are entitled to up to 35 weeks of parental leave. Birth mothers who do not take pregnancy leave and all other new parents are entitled to up to 37 weeks of parental leave. The employer must provide the same rights as provided under pregnancy leave (i.e., seniority, length of service, benefits, reinstatement to either the same position or a comparable one).

Family medical/compassionate care leave

Family medical/compassionate care leave is unpaid leave of up to eight weeks. It may be taken to provide care and support to a specified family member who has a serious medical condition with a significant risk of death occurring within 26 weeks. The medical condition and risk of death must be confirmed in a certificate issued by a qualified health practitioner and provided to the employer as soon as is reasonably possible. If the specified family member does not pass away within the 26-week period, there is a provision for an additional eight weeks of leave if a health practitioner issues a subsequent certificate.

Bereavement leave

Ontario does not specifically provide for bereavement leave. However, employees who work in companies that regularly employ 50 or more employees may use their entitlement to 10 days of unpaid personal emergency leave.

Reservist leave

Reservist leave is unpaid leave provided to employees who are Canadian Forces military reservists and who are deployed to an international operation overseas or certain emergency operations within Canada. To be eligible for reservist leave, the employee must have worked with your company for at least six consecutive months. The leave may last as long as necessary for the operation to be completed. During this time, the employee continues to earn credit for length of service and must be reinstated to the same position if it still exists (or to a comparable position).

Jury duty

Employers are legally required to provide employees with time off for jury duty. However, there is no legal requirement to pay employees during their absence. If the employee’s absence would cause serious hardship to your business, either you or the employee can apply in writing to have jury duty postponed.

Voting

Employees qualified as voters in a federal, provincial or municipal election are entitled to three consecutive hours during which to vote while the polls are open. While the employee cannot be financially penalized for taking time off to vote, the employer has the right to grant the time off at their convenience.

Note: The information above provides a summary only. It is not intended to be an exhaustive discussion of leaves of absence pursuant to applicable law and should not be taken as legal advice. Readers should review the full text of the Employment Standards Act and seek legal advice for more detail. If you are outside of Ontario, consult applicable employment standards legislation and seek legal advice with respect to your jurisdiction.

 

References

Your Guide to the Employment Standards Act, 2000.(n.d.). Retrieved March 3, 2009 from Ministry of Labour website, http://www.labour.gov.on.ca/english/es/guide.

Tags: employees