Declared emergency leave in Ontario is unpaid, job-protected leave that can apply when a provincial emergency has been formally declared and the emergency prevents an employee from working for a reason covered by the Employment Standards Act (ESA).
There is no fixed maximum number of leave days and no minimum length of employment before an eligible employee can qualify. The leave lasts as long as the declared emergency and the employee’s qualifying reason for being away continue.
An emergency or natural disaster does not automatically create this leave. The legal requirements must be met. If they are, your employer can’t refuse the leave simply because your absence creates staffing problems.
On This Page:
- 1. Who Qualifies?
- 2. What Situations Are Covered?
- 3. How Long Does the Leave Last?
- 4. Notice & Proof
- 5. Pay & Job Protection
- 6. FAQs
Who Qualifies for Declared Emergency Leave in Ontario?
You qualify only when a provincial emergency has been formally declared and you can’t perform your job because of one of the specific reasons recognized by the ESA.
There is no minimum service requirement. An eligible employee can qualify regardless of how long they have worked for the employer.
Does any emergency qualify?
No. A serious storm, flood, wildfire or other emergency does not automatically give every Ontario employee a right to Declared Emergency Leave.
There must first be an emergency declared under Ontario’s Emergency Management and Civil Protection Act. The employee must then meet one of the ESA’s qualifying reasons for being unable to work.
Does a municipal state of emergency automatically qualify?
No. A municipality declaring a local emergency does not, by itself, trigger ESA Declared Emergency Leave.
The ESA entitlement depends on a declaration made under the provincial emergency-declaration provisions that can apply across Ontario or to a particular part of the province.
When Can You Take Declared Emergency Leave?
You can take Declared Emergency Leave when the declared emergency prevents you from working for one of three main reasons.
- An emergency order made under Ontario’s emergency legislation applies directly to you and prevents you from doing your job
- An order under the Health Protection and Promotion Act applies to you and prevents you from working
- You need to provide care or assistance to a qualifying person because of the declared emergency
Can you take leave to care for a family member?
Yes. The leave can apply when a declared emergency creates a need for you to care for or assist a qualifying person.
The covered relationships are broad and include spouses, parents, children, siblings, grandparents, certain extended family members and a person who considers you to be like family.
For example, you can qualify if a declared emergency closes your child’s school or daycare and you need to stay home to provide care.
What if an emergency only affects you indirectly?
Being indirectly affected by an emergency order is not always enough. Where you are relying on an emergency order itself, that order must apply to you and prevent you from performing your job.
How Long Is Declared Emergency Leave in Ontario?
There is no fixed maximum number of days or weeks for Declared Emergency Leave.
The leave continues for as long as you can’t perform your job because of both:
- The qualifying declared emergency
- The specific order or caregiving reason that entitles you to the leave
Your entitlement normally ends when the declared emergency ends. It can also end earlier if the order affecting you expires or you no longer need to provide qualifying care or assistance.
Do you have to take the leave continuously?
No. Declared Emergency Leave can be taken in part days, individual days or longer periods.
If you only need part of a day, your employer must allow you to return for the remainder of your shift. You must be paid for the time you actually work.
Do You Have to Notify Your Employer?
Yes. Tell your employer before starting Declared Emergency Leave where possible.
Notice can be given orally or in writing. If the emergency prevents you from giving advance notice, tell your employer as soon as possible after the leave begins.
Failing to give advance notice does not automatically take away your right to the leave.
Can your employer ask for proof?
Yes, but the evidence and the deadline for providing it must be reasonable in the circumstances.
Depending on the reason for leave, reasonable evidence can include:
- A copy of an emergency or public-health order that applies to you
- Confirmation that a school or childcare provider is unavailable because of the emergency
- Information showing that you need to provide care or assistance to a qualifying person
Can your employer demand a medical note for a sick relative?
No. When you are caring for a relative who is ill because of circumstances connected to the declared emergency, your employer can’t require a medical note about that relative or demand details of their medical condition.
Your employer can ask for the relative’s name, their relationship to you and confirmation that the absence is connected to their illness and the declared emergency.
Is Declared Emergency Leave Paid?
No. Ontario’s ESA does not require your employer to pay you while you are on Declared Emergency Leave.
An employment contract or workplace policy can provide paid leave or another greater benefit.
Is your job protected?
Yes. Your employer can’t threaten, fire or penalize you because you take or plan to take qualifying Declared Emergency Leave.
Employees on protected leave also generally continue to receive credit for length of employment, service and seniority and have rights to benefit-plan continuation and reinstatement when the leave ends.
Do you get your job back after the emergency?
Yes. Your employer must generally return you to your previous position or, if that job no longer exists, a comparable position.
Is this the same as Infectious Disease Emergency Leave?
No. Declared Emergency Leave and Infectious Disease Emergency Leave are separate ESA rights.
Declared Emergency Leave requires a qualifying provincial emergency declaration. Infectious Disease Emergency Leave has its own rules and does not depend on a declared emergency being in effect.
You can also qualify for another type of ESA leave arising from the same circumstances. See our Leave of Absence Ontario guide for the broader framework.
Declared Emergency Leave Ontario FAQs
Is there a declared emergency in Ontario right now?
Ontario’s current ESA guidance states that there is no declared emergency in effect. As a result, Declared Emergency Leave is not currently available.
How long can Declared Emergency Leave last?
There is no fixed maximum. It lasts while the qualifying emergency and your qualifying reason for being away from work continue.
Is Declared Emergency Leave paid?
No. The ESA leave is unpaid unless your employment contract or workplace policy provides a greater benefit.
Do I need to work for my employer for a certain amount of time first?
No. The ESA does not impose a minimum length-of-employment requirement for Declared Emergency Leave.
Can I take the leave for a natural disaster?
Only if the required provincial emergency declaration exists and your situation also meets one of the ESA’s qualifying reasons. A natural disaster alone does not automatically create the leave.
Can my employer ask for proof?
Yes. Your employer can request evidence that is reasonable in the circumstances.
Can I be fired for taking Declared Emergency Leave?
No. Your employer can’t punish or terminate you because you properly exercise this ESA-protected right.
Samfiru Tumarkin LLP advises non-unionized Ontario employees dealing with denied protected leave, workplace reprisals, return-to-work problems and termination—and gets the compensation they’re entitled to.