Crime-Related Child Disappearance Leave Ontario

Crime-related child disappearance leave in Ontario is a protected leave of absence under the Employment Standards Act (ESA). It gives eligible employees the right to unpaid time off work when their child has disappeared due to a crime. This leave ensures parents and guardians have the ability to focus on their child and work with authorities, without fear of losing their job.

Who Qualifies for Crime-Related Child Disappearance Leave?

You are entitled to this leave if:

• You are an employee covered by the ESA.
• Your child is under 18 years of age and has disappeared as a result of a crime.
• You have been employed for at least six consecutive months with your employer.

How Long Is the Leave?

Employees can take up to 104 weeks (2 years) of unpaid, job-protected leave.

This long duration reflects the seriousness of the circumstances and provides families with time to cope and respond to the situation.

Pay and Benefits During the Leave

• Unpaid Leave: The employer does not have to pay wages during this period
• Benefits Protections: If you participate in a benefit plan (such as health, dental, or pension), your employer must continue those benefits during your leave, unless you opt out.

Employees may also be eligible for federal Income Support for Parents of Murdered or Missing Children through Employment Insurance (EI), which can provide financial assistance during this time.

Notice Requirements

Employees must:

• Inform their employer in writing as soon as possible about taking the leave.
• Provide reasonable evidence (such as documentation from police) if the employer requests it.

Returning to Work

When the leave ends, your employer must:

• Reinstate you to the same job you held before, or a comparable position if your job no longer exists.
• Not penalize you for exercising your right to this leave.

Related Leave Options

Ontario law provides different leaves depending on the circumstances involving a child:

• Child Death Leave – If a child dies (for any reason, not just a crime), eligible employees may take up to 104 weeks of job-protected unpaid leave. Learn more about Child Death Leave in Ontario.
• Crime-Related Child Disappearance Leave – For when a child disappears due to a crime, with the same 104-week entitlement.

By distinguishing these two leaves, the ESA ensures that families are supported in different tragic circumstances.

Can You Be Fired for Taking  Crime-Related Child Disappearance?

No. It is illegal for your employer to fire you, threaten you, discipline you, or cut your hours or reduce your pay for taking this 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.

Speak to an Employment Lawyer

If your employer refuses to grant you crime-related child disappearance leave, ends your employment, or penalizes you for taking it, you may have legal rights to claim compensation.

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.