Organ Donor Leave Ontario: Your Rights Explained

If you live and work in Ontario, you are legally entitled to organ donor leave under the Employment Standards Act (ESA). This protected leave ensures that if you donate an organ or tissue, your job is safe while you recover.

This guide explains what organ donor leave is, who qualifies, how long it lasts, and what your rights are.

What Is Organ Donor Leave in Ontario?

Organ donor leave is a type of job-protected leave of absence that allows you to take time off work if you undergo surgery to donate all or part of certain organs to another person.

Covered organs include:

• Kidney
• Liver
• Lung
• Pancreas
• Small bowel

Who Is Eligible for Organ Donor Leave?

You qualify for organ donor leave if:

• You are an employee in Ontario covered by the ESA (most non-unionized workers).
• You are donating a listed organ through surgery.
• You provide your employer with reasonable evidence if asked (such as a doctor’s note).

How Long Is Organ Donor Leave in Ontario?

You can take up to 13 weeks of unpaid leave after your surgery.

If you require more time to recover, the leave can be extended up to 26 weeks with proper medical documentation.

Is Organ Donor Leave Paid in Ontario?

Organ donor leave is unpaid.

• You may qualify for Employment Insurance (EI) sickness benefits to cover part of your income during your recovery.
• Your employer may also offer paid sick leave, disability benefits, or other income supports — check your employment contract or company policy.

Do Employee Benefits Continue During Organ Donor Leave?

Yes. While on organ donor leave in Ontario:

• Your seniority and length of service continue to build.
• Health, pension, and other benefits must be maintained if you normally participate in them.
• Your employer must reinstate you to the same job (or a comparable role) when you return.

Can You Be Fired for Taking Organ Donor Leave?

No. It is illegal for your employer to fire you, threaten you, discipline you, or cut your hours or reduce your pay because you took organ donor leave. If that happens, you may have grounds for a wrongful dismissal claim and could be owed a full severance package — up to 24 months’ pay.

Key Takeaways

• You are entitled to up to 13 weeks of unpaid leave (extendable to 26 weeks)
• Your job and benefits are protected by law.
• Employers cannot penalize you for donating an organ
• You may qualify for EI benefits or other supports while off work
• Employers can’t penalize employee for taking this leave. This is known as a reprisal in Ontario, which can trigger a constructive dismissal

Speak to an Employment Lawyer

If your employer is refusing your organ donor leave, cutting your hours, or threatening termination, you have legal rights.

At Samfiru Tumarkin LLP, we’ve helped tens of thousands of employees across Ontario enforce their workplace rights.

At our firm, we have:

• ⚖️ Settled over 99% of cases quickly through negotiation or mediation
• 💰 Secured millions in compensation
• 📱 Free Termination Consultations — in many, but not all, cases
• ⭐ Earned 2,310 5-star Google reviews (4.8 average)
• 🏆 Recognized as one of Canada’s Best Law Firms (Globe and Mail)

Call us at 1-855-821-5900 or request a consultation online.