Ontario considering new job-protected leave for workers facing critical illnesses

The Ontario government announced that it will begin consultations on a new job-protected leave for workers facing critical illnesses, such as cancer.

In a news release on Nov. 8, the province said the new leave would “ensure employees who receive a diagnosis of cancer or other diseases will have the peace of mind that their job will be waiting for them while they seek treatment.”

If implemented, the leave is expected to match the length of federal Employment Insurance (EI) sickness benefits, which is 26 weeks.

“Ontarians should be able to focus on their cancer treatment without worrying about what it means for their job or how their family will pay their bills,” Hillary Buchan-Terrell, Advocacy Manager for the Canadian Cancer Society, said in the release.

“We look forward to engaging with the government during this consultation to ensure the perspectives and concerns of cancer patients in Ontario are heard.”

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• Ontario ending paid sick leave program on March 31
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What sick leave options do I have in Ontario?

• Employer sick leave policy: Some employers in Ontario provide a paid or unpaid sick leave program for employees. This policy should be outlined in your employee handbook or employment contract.
• Unpaid sick leave: Any worker who has been employed for at least two weeks is entitled to up to three days of unpaid sick leave a year through the province’s Employment Standards Act, 2000 (ESA).
• Infectious Disease Emergency Leave (IDEL): Ontario still provides IDEL. It’s an unpaid leave that employees can take for an unlimited period of time if they can’t perform their due to COVID-19, need to quarantine, or must care for a family member suffering from COVID-19.
• Paid sick leave for federally regulated employees: If you work for a federally regulated employer in Ontario, you may be able to access up to 10 paid sick days.

Duty to accommodate in Ontario

Employers in Canada, including Ontario, are legally obligated to assist workers who can’t perform their job due to a disability (either physical or psychological), religious reasons, or other constraints.

As part of their duty to accommodate, companies in the province may have to:

• Change your job requirements
• Provide someone to help you complete your tasks
• Make changes to the shift itself

The goal is to ensure that you can continue to perform your job duties, despite your disability.

WATCH: Employment lawyer Lior Samfiru discusses everything employees need to know about the duty to accommodate on an episode of the Employment Law Show.

If you believe that your employer hasn’t properly fulfilled their duty to accommodate, contact an experienced Ontario employment lawyer at Samfiru Tumarkin LLP.

We can review your situation and help you secure full severance pay through a constructive dismissal claim.

LEARN MORE
• Disability in the workplace
• Long-term disability claims: Your rights
• Filing long-term disability claims for cancer

How is severance pay calculated?

In Ontario, severance for non-unionized employees can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in the province.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Position at the company
• Length of service
• Ability to find new work

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact our firm immediately.

LEARN MORE
• Should I negotiate my own severance package in Ontario?
• Rights to severance for provincially regulated employees
• Severance pay for federally regulated workers

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, or believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.