Declared Emergency Leave in Ontario: A Simple Guide

What Is Declared Emergency Leave?

Declared Emergency Leave (DEL) is an unpaid, job-protected leave granted under Ontario’s Employment Standards Act (ESA).

It becomes available when the provincial government declares an emergency under the Emergency Management and Civil Protection Act (EMCPA).

Who Can Use It — and When?

Employees are eligible for DEL if they can’t perform their job because:

• They’re subject to an order under the EMCPA (e.g., business closures)
• They’re subject to an order under the Health Protection and Promotion Act
• They need to care for a specified individual — like a spouse, child, parent, grandparent, sibling, extended family, or someone close who depends on them.

This leave lasts as long as the emergency is in effect and one of the above reasons applies.

What Rights Does the Employee Still Have?

While on DEL, employees have important protections:

• Job Protection: They must be reinstated to the same or a comparable position at the same or higher wage
• Employment Continuity: Leave counts toward their length of employment, seniority, and benefits eligibility
• Benefits Maintained: Employers must keep paying benefits like pension, health, dental, life insurance — unless the employee opts out in writing
• No Retaliation — Employers can’t penalize employees for taking this leave

Timeline and Context

• Ontario first invoked DEL during the COVID-19 provincial emergency declared on March 17, 2020
• That emergency ended on July 24, 2020, meaning DEL was no longer applicable after that date — unless specific transitions applied

Declared Emergency Leave at a Glance

Can You Be Fired for Taking Declared Emergency Leave?

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

• Declared Emergency Leave is not optional — it’s a right if the conditions are met
• It protects both employees and employers, maintaining stability during disruptions
• As an employment and media professional, keeping this info clear and searchable will help both staff and public audiences

Speak to an Employment Lawyer

It’s illegal for your employer to punish or fire you for going on Declared Emergency Leave.

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.